Speaking, educating and helping Businesses and Agencies Minimize Legal Risk from False and Misleading Advertising Lawsuits and Challenges Educo y ayudo empresas y agencias a minimizar el riesgo legal de demandas o desafíos sobre publicitarios falsos y engañosos
Apparently, there seems to be a growing trend across the US where businesses are including “disparaging clauses” in their form contracts. From Massachusetts to Las Vegas, business are including language… Read more Are Disparagement Clauses Legal? →
Marketing Tactics Questioned
From the Advertising, Marketing and Promotions Law perspective, the recent decision by the Connecticut Supreme Court raises interesting legal questions regarding marketing strategy. The Court allowed plaintiffs “to subpoena internal… Read more Does Your Marketing Encourage Criminal Acts? →
As an Advertising, Marketing and Promotions attorney, part of what I look at during my review of marketing campaigns is the documentation to support products’ labels. The point of doing… Read more Guilty Plea – False and Misleading Labeling and Advertising →
Regardless of where the product is made and in what language the product is marketed in the USA, proper labeling of the product is crucial. #substantiationequalstrust, #transparencyformstrust
Puffery? Health related claims must be supported by reliable and scientific evidence
claim substantiation, transparency, Advertising law lawyer, Marketing law atorney, FTC Law, false advertising, promotion law, unfair deceptive marketing, Ley Publicidad Comercializacion promocion
Children’s Online Privacy Protection Act (COPPA) exists to protect kids by requiring parental consent in order to collect children’s personal information for kids under 13. Unfortunately, musical.ly, now known as… Read more Are you COPPA compliant? →
What do Target, Wyndham Worldwide, Home Depot, Capital One, Zoom, LabCorp and other companies have in common? They all suffered cybersecurity episodes leading to lawsuits, some involving third party suppliers… Read more Are you reliant on third party suppliers and service providers? →
If your marketing campaign is using intellectual property (IP) that is copyrighted, do you need an IP clearance or can it be used under the Fair Use doctrine? The Fair… Read more Can you claim “Fair Use”? →
Can your privacy policy protect your business? Google is involved in ongoing litigation for privacy violations. In particular, Google is being sued, among other claims, for disclosing recorded conversations to… Read more Human v. Robot →
Lack of due diligence leads to higher legal risk. As an entrepreneur, you know that starting a business comes with risk. As a venture capital investor, you know investments come… Read more Investment at Risk →
Does your cookie banner acquire the proper consent? Different laws require different consent on websites. GDPR Cookies must: 1. Be transparent 2. Be easy to understand 3. Provide purpose and… Read more GDPR Cookies →
It’s not too late!!! I’m grateful for the opportunity to speak next week, on Tuesday, May 12, 2020, for OWIT International on COVID-19 Marketing Strategies. Below is the link to… Read more Advertising Law and COVID-19 →
The following are important in any marketing campaign: Transparency: Be HONEST and open Substantiation: Support your claims – have proof to support what your advertising says such surveys, product testing,… Read more How to Build TRUST →