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.

President Barack Obama has appointed FTC Commissioner Jon Leibowitz as the Chairman of the Commission, who is expected to bring about a significant increase in the FTC's enforcement activities, particularly in the area of online advertising and privacy protection.

The Webinar covered both the overall legal concerns about running affiliate programs as well as the new tax law, Amazon's lawsuit and what merchants must do to comply with the law.

On Thursday, February 26, 2009, Andrew Lustigman will participate as a panelist in the "Mobile Marketing and the Law" at DMA's Mobile Marketing Day.

Andrew Lustigman to Chair ABA Section of Intellectual Property Law: Committee 463 - Special Committee On Promotion and Marketing Law.

Recently-enacted New York law requires those online marketers with affiliate programs whose NY-based affiliates generated $10,000 or more in sales to collect and pay sales tax on all New York-bound shipments.

The FTC has extended the current public comment period related to proposed revisions of its Guides Concerning the Use of Endorsements and Testimonials in Advertising until March 2, 2009.

Fourteen defendants involved in the telemarketing operation by Largo, Florida-based Suntasia Marketing, Inc. have agreed to pay a total of more than $16 million to settle Federal Trade Commission charges.

According to the joint press release, the American Association of Advertising Agencies (AAAA), the Association of National Advertisers (ANA), the Direct Marketing Association (DMA), and the Interactive Advertising Bureau (IAB) are "working together to develop enhanced self-regulatory principles for online behavioral advertising in order to address privacy concerns and to increase consumers' trust and confidence in how online information is gathered and used."

The April 2008 law required those online marketers with affiliate programs whose NY-based affiliates generated $10,000 or more in sales to collect and pay sales tax on all New York-bound shipments. Amazon.com had challenged the law as being unconstitutional.

On December 15, 2008, the United States Supreme Court issued a decision in Altria Group, Inc. v. Good, the latest in a series of cases over the last two decades addressing pre-emption under the Federal Cigarette Labeling and Advertising Act ("Labeling Act").

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