Madison Ave Insights

Disruption in Marketing & Advertising: Engaging & Influencing Customers Online

Posted in Advertising, Marketing, Mobile

As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. I now will share with you the final installment of the series…

How do brands engage consumers in ways directly relevant to the target audience?  The answer may be Shopper Marketing – more appropriately dubbed as “Omnichannel Marketing.”  These marketing tactics are about engaging and influencing customers on their path to purchase.  They are about driving consumer engagement using content, technology, data and insights, together with promotions, branded campaigns and social interaction.  It’s about delivering the right products, in the right environment, in ways that are relevant and effective today.

Shopper marketing is heavily dependent on information and data.  How do marketers … Continue Reading

Disruption in Marketing & Advertising: Trust in Digital Media

Posted in Advertising, Digital, Direct Marketing, Marketing, Media

As mentioned, at BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Today I will share with you the second installment of this three-part series…

One of the biggest issues facing advertisers, marketers and agencies today is the concept of “Trust.”  Not “Trust” in the context that advertising lawyers usually consider – the truth and falsity of advertising claims.  Rather, the issue is “Trust” as it relates to digital media.  And this issue relates to brands as well as media buying agencies.  Digital media is an integral part of all marketing and promotion today, and marketers and their agencies are part of that process and have responsibility for it – and may even have … Continue Reading

Disruption in Marketing & Advertising: Staying on Top of the Evolving Legal Landscape

Posted in Advertising, Digital, Marketing

This week, leading lawyers, regulators and marketers attended the 37th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA I gave a presentation on how disruption is permeating advertising, media, and marketing today. Over the next few days, I will share with you three video clips from my presentation. Let’s dive into the first one…

The lines between advertising agencies, digital agencies and even product development shops are blurring.  We are seeing the rise of “brand activation agencies” that use shopper technologies, experiential marketing and targeted promotions to create products and foster consumer engagements.  Just like the four innovators in the video, marketers and agencies are becoming agents of disruption.  These companies are changing the way we … Continue Reading

Thoughts on Trust in Advertising …

Posted in Advertising, Trust

Once again, Advertising Week has come and gone. And once again, I was thrilled to be part a special event for our industry. It’s not often that you can get famous statistician Nate Silver, Olympian Lolo Jones, and musician Bootsy Collins under a single tent, but they were all there at Ad Week along with the biggest executive names adding to a vigorous exchange of ideas about the future of advertising.

I had the pleasure of kicking off the “Trust Forum” presented by OpenX.  As the program materials noted, “Advertising and trust have always had a challenging and somewhat tortured relationship.” It’s a statement that feels more true now than ever before as advertising is becoming more deeply … Continue Reading

Advertising Week’s Trust Forum in New York, NY

Posted in Advertising, Trust

Davis & Gilbert was proud to be part of Advertising Week’s Trust Forum in New York, NY on Wednesday, September 30th. I kicked off The Trust Forum by hosting a candid, one-on-one conversation with ANA President and CEO, Bob Liodice, on the most vexing issues involving advertisers and trust. To check out our conversation, click here.

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How Dan’s Papers Have Helped Shape “The Hamptons” Brand

Posted in Advertising, Marketing, Media

It may be hard to believe now, but there was a time in the 1970s when residents of the Hamptons felt that the area could use some publicity.  Enter Dan Rattiner, founder of Dan’s Papers, a weekly lifestyle publication covering the Hamptons with a whimsical voice that isn’t afraid to have a little fun.  Miffed that the Hamptons, the setting of the novel Jaws, had been replaced in the movie by Martha’s Vineyard, Dan put an attention-grabbing hoax on the front page of one of his weekly papers, the East Hampton Summer Sun.  He ran an open letter from the Chief of Police, urging donations to a “raw meat drive” that would help satisfy a shark that was currently eating … Continue Reading

New York Attorney General Is Latest Regulator to Challenge the Auto Industry

Posted in Marketing, Regulatory

Recently, I co-authored the below advertising alert with Advertising, Marketing & Promotions Partner, Matt Smith.

On the heels of recent high-profile enforcement actions by both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) against the automobile industry, the New York Attorney General (NYAG) has now zeroed in on the industry as well.

Over this past summer, NY AG Eric Schneiderman settled numerous allegations of deceptive practices with more than 25 automobile dealerships throughout the state, requiring the dealerships to collectively pay over $14 million in restitution and penalties. And Schneiderman has indicated that his office intends to continue monitoring New York auto dealers and will bring more enforcement actions as necessary.


In March 2015, as … Continue Reading

Part 3: FTC Updates Answers to Frequently Asked Questions About Endorsement Guides

Posted in Advertising, Marketing, Promotions

As you know, over the past few weeks, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I have been discussing the FTC’s updated answers to its FAQs. The following topics will conclude this series: online reviews, employee endorsements, and monitoring.

Online Reviews: According to the FTC, a retail website that includes customer reviews of the products and encourages honest reviews of its products, regardless of whether the reviews are positive or negative, should disclose which reviews were made in connection to free products. Knowing that reviewers received the product they reviewed for free would likely affect the weight the audience gave to the reviews, even if the retailer did not intend for that to happen. In addition, reviewers could fear … Continue Reading

Part 2: FTC Updates its Answers to Frequently Asked Questions About Endorsement Guides

Posted in Advertising, Digital, Marketing, Social Media

As I mentioned last week, I will be continuing to discuss the FTC’s updated answers to its FAQs. This week, Advertising, Marketing & Promotions Partner Allison Fitzpatrick and I will focus on influencers and ambassadors, celebrity endorsements, and social media and promotions. Stay tuned for our last post in the series on online reviews, employee endorsements, monitoring.


Influencers and Ambassadors

In response to whether the Guides applied to influencers and ambassadors who are hired to promote a product or business on social media outside of their work hours, the FTC cautioned that these influencers and ambassadors have a financial connection to the company that hired them, and that relationship exists whether or not they are being paid for a … Continue Reading

Part 1: FTC Updates Answers to FAQs About Endorsement Guides

Posted in Advertising, Marketing

The Federal Trade Commission (FTC) recently updated its answers to a series of frequently asked questions (New FAQs) about its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides). The updated FAQs are further proof that endorsements and testimonials are once again on the FTC’s radar, and marketers and their agencies should expect an increase in enforcement over the upcoming months.

This summer, Allison Fitzpatrick, Advertising, Marketing & Promotions Partner, and I co-authored an alert on the FTC’s updated answers to FAQs about endorsement guides. Given the long-awaited guidance, I wanted to share with you its potential impact. In the next coming weeks, I will be addressing the following affected areas: Social Media, Likes, Pins, and Posts, … Continue Reading