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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

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New York Post Quotes Andrew Lustigman on Restriction of Privacy for Facebook Users

Andrew Lustigman, head of Olshan’s Advertising, Marketing & Promotions Practice Group, was quoted in the New York Post. Read More ›

Germany Considers Fining Social Media Platform’s Failure to Remove Illegal Content

In the wake of recent public dialogue about whether or not social media plays a role in the outcome of public events, this week, German Justice Minister, Heiko Maas, has proposed a law that would see social media sites face fines of up to 50 million euros if they fail to remove illegal content from their platforms. This comes on the heels of analogous discussions in the U.S. about social media platforms' role in disseminating, and obligations to review and remove, now-coined “fake news” content. Most recently, on March 13th, 2017, Facebook CEO, Mark Zuckerberg, again defended his company against assertions that by failing to remove false content from the platform, Facebook plays a role in promulgating “fake news.” Following a November 2016 Facebook post in which Zuckerberg addressed the need to weigh the removal of “fake” or illegal content from the platform against the preservation of freedom of expression, Zuckerberg touted accusations that Facebook wants “fake news” as “crap.” Commenting at a recent talk at North Carolina A&T State University, Zuckerberg rejected the notion that Facebook views “fake news” articles as a means of inducing more “clicks.” Read More ›

Andy Lustigman Quoted in a Law360 Article on FTC's Social Media Promotion Guide

Olshan Advertising, Marketing & Promotions Partner Andrew Lustigman was quoted in a Law360 article on the Federal Trade Commission’s revised advertising endorsement guidelines addressing paid product reviews on social media. Read More ›

The Precarious Nature of ‘Like-Gating’ Promotions

A recent Facebook change is just another reminder that brands need to be aware of the traditional legal rules governing promotional marketing, as well as the social media terms and policies. Read More ›

Facebook Says No More “Like-Gated” Promotions

This Facebook change is just another reminder that brands need to be aware of the traditional legal rules governing promotional marketing, as well as the social media terms and policies. Read More ›

Facebook Eases its Promotion Guidelines

On August 27, 2013 Facebook revised its Promotion Guidelines in order to make it easier for business to create and administer promotions on Facebook. Read More ›

Facebook "Hoax" Shows Privacy A Serious Matter for Users

In recent days, numerous Facebook users have posted a legal-sounding statement as an update to their pages containing some version of the following: Read More ›

Recent and Upcoming Presentations on Social Media by Jonathan I. Ezor

Jonathan I. Ezor continues his frequent presentations on the business and legal aspects of social media. Read More ›