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Category Archives: Digital

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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

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

A David in the Land of Agency Goliaths

Posted in Advertising, Digital, Marketing

Sometimes it seems like the advertising industry is nothing but a land of Goliath’s – Goliath’s that are bent on marrying or eating one another.

David Angelo launched the David&Goliath agency in 1999, he and his agency have had enormous success by “thinking like David,” being nimble, resourceful, creative and brave – and fiercely independent. I’d also add “slyly funny” to that list of descriptors. David&Goliath’s Super Bowl spot for the Kia Sorento poked fun at over-the-top Super Bowl ads by having former James Bond star Pierce Brosnan dodge owls and a moose on a snowy mountain road. AdWeek’s Tim Nudd listed it among his five favorite ads of Super Bowl XLIX. David&Goliath’s spot for last year’s Super Bowl – … Continue Reading

Dos Equis is Bucking Beer Trends by Going Mobile

Posted in Advertising, Digital, Mobile

These are challenging times for major beer makers. Beer sales in the United States have fallen by about 4% since 2008, with the biggest declines being experienced by some of the largest brands. Bud, Miller High Life and Miller Lite have lost a quarter of their sales volume. Some might chalk this up to the encroachment of craft brewers, but while sales of craft beers have grown by roughly 80%, they still represent only 7.6% of beer sales nationwide. A recent article in Forbes suggests that the real reason for the decline in major brand beers sales is that the Baby Boomers who drink them are drinking less as they age, and millennials, partly because the major beer brands have … Continue Reading

A Look at the European Advertising Landscape

Posted in Advertising, Digital, Marketing

Even if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”

Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a … Continue Reading

Advertising Week – Lights, Camera, and Action

Posted in Advertising, Digital, Marketing, Media

It’s hard to overstate what a “thing” Advertising Week has become. Since it was launched in 2004 by the late Ken Kaess, then chairman of the 4As, Matt Scheckner, and a team that included Burtch Drake, Ron Berger, and Mike Donahue, the conference of advertisers and advertising professionals now comprises more than two hundred and fifty events and more than one hundred and ninety seminars and workshops over four days. This year’s attendance is expected to exceed 90,000 people.

And talk about spanning generations, last year, in addition to a parade and Advertising Week reps opening the trading day on the floor of the NASDAQ, the conference featured presentations as diverse as Sabrina Calouri, ‎Vice President of Digital & Social … Continue Reading

State of the Creative Series: Interview with the CEO & CCO at StrawberryFrog

Posted in Advertising, Digital, Direct Marketing, Marketing

For the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, 360i, and R/GA.

For my final post, I turn to StrawberryFrog – a New York City Advertising Agency – to get their thoughts. Drum roll, please…

In my final post regarding the “State of the Creative,” I sat down with StrawberryFrog to discuss the state of the creative today with the agency’s Founder and Chief Executive Officer, Scott Goodson and Chief Creative Officer, Kevin McKeon.


QIn this new era of data and technology, what has been the fundamental change for creatives? AScott: Well, there are new possibilities for creatives today compared to when I founded StrawberryFrog in… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at R/GA

Posted in Advertising, Digital, Marketing


So far in the “State of the Creative” series, we’ve heard from Chief Creative Officer’s at: Ogilvy & Mather North America, Weber Shandwick, GREY, and 360i. This week we continue to examine what it means to be a creative in today’s world…



I sat down with Nick Law, Chief Creative Officer at R/GA, to discuss the state of the creative today.


QIn this new era of data and technology, what has been the fundamental change for creatives? AThe biggest change has been the growing complexity of media and the opportunities that this affords. QWhat does it mean to be a creative today? AIn our industry creative was once primarily about telling stories. Now that the media… Continue Reading

State of the Creative Series: Interview with the Chief Creative Officer at Weber Shandwick

Posted in Advertising, Digital, Marketing, Media

As mentioned last week, we got to wondering, what does it mean to be a creative in today’s world? How many “legs” does an idea have to have when advertisers and marketers are targeting various demographics, each using multiple media devices and social media platforms? And does having all that data mean you or anyone else knows how to use it?

We posed these questions to Chief Creative Officers at some of the world’s leading ad agencies and will be posting their responses here over the next few weeks. Together, they should give us an interesting take on the state of advertising creative today.



I sat down with Josh Rose the Chief Creative Officer at Weber Shandwick to … Continue Reading

Likeable Applies the Lessons of Social Media to Branding

Posted in Digital, Marketing, Media, Social Media

Marketers promote, entertain, celebrate, and explain. In other words, they talk. But Dave Kerpen, cofounder and chairman of Likeable Media and founder and CEO of its sibling company, Likeable Local, believes that a different skill is needed in a media landscape increasingly driven by social media – listening.  And by listening, Kerpen means more than just using social media channels to respond to consumer questions and complaints.  He sees listening via social media as a means to tell stories and engender authentic conversations with and among consumers and to promote conversations that strengthen and reward brand loyalty.

In a lot of ways, it’s the next step in the evolution of branding. Branding started with the idea that companies and products … Continue Reading

Kroger Gets Its Fuel from Customer Rewards

Posted in Advertising, Digital, Marketing

Kroger has always been an innovator. It was the first store to combine meats and groceries under one roof, and the first grocery store to have its own bakery. Kroger pioneered the use of optical scanners in the checkout aisles and was one of the first grocery chains to open superstores, a move that has helped it weather competition from big box stores like Sam’s Club and Costco. That drive to innovate has helped make Kroger the nation’s largest grocery chain and the second largest retailer in the country after Walmart.

But, what has really driven Kroger’s recent success is its commitment to the customer experience, and particularly how well it has applied its customer loyalty program. Kroger launched its … Continue Reading

Building the Entrepreneurs of Tomorrow: A Candid Discussion with the CEO of Venture for America, Andrew Yang

Posted in Digital, Social Media, Technology

Let’s say a senior at MIT is about to graduate with a double major in Computer Science and Comparative Media Studies. Career Services tells the student, “You can make six figures at a Manhattan consulting firm, or you can apply to ‘Venture for America.’ Oh, and if selected by Venture for America, you will be sent to a city in need of entrepreneurs. There you will make less than $40,000 a year working for a start-up.” Which would you choose as your first job?  Fortunately, in 2013, hundreds of America’s best and brightest college students chose the latter and applied for the seventy fellowships offered by Venture for America.

Venture for America is the brainchild of entrepreneur Andrew Yang. Yang … Continue Reading

Marketers Predict Trends to Watch in 2014: Insights from Brown Shoe Company’s Chief Marketing Officer, Will Smith

Posted in Digital, Marketing, Mobile

Concluding the three part prediction series, I turn to Will Smith, Brown Shoe Company’s Chief Marketing Officer, to get his thoughts on what 2014 holds for the retail industry.

2014 Predictions within the Retail Industry and How They Have the Potential to Affect Marketing and Advertising, with Brown Shoe Company’s Chief Marketing Officer, Will Smith.


QWhat are your 2014 predictions within the retail industry and how do they have the potential to affect marketing and advertising? AOne of the biggest trends we need to pay attention to as marketers is the increasingly savvy, mobile customer.  Where customers once got their product information from a newspaper, TV ad, or billboard, today it’s in the palm of their hand. … Continue Reading

Youth Marketing: How the Founder & CEO of Shop Jeen Builds a Customer Base

Posted in Advertising, Digital, Marketing

It seems youth marketing has always been a hot topic in the advertising world. As young people move from the “discovery” phase of their tween years to the “experimental phase” of young adulthood, they shift from being motivators of their parents’ buying habits to influential consumers in their own right. But today that demographic is extremely important. Not only are today’s young people the first true digital natives and harbingers of how digital media will influence how we all interact with brands, but also, as baby boomers age and their $400 billion in annual consumption slows, retail, food, and entertainment companies are counting on millennials to fill the gap.

One marketer that has been particularly successful in tapping the youth … Continue Reading

Changing How We Watch Changes How We Sell

Posted in Advertising, Digital, Media

In just a few short years, DVRs and video-on-demand have dramatically altered how television is watched. In 2006, fewer than two percent of households owned a DVR. Now, more than half do. The use of DVRs has changed along with market-growing penetration. Instead of just being time-shifters, many viewers are effectively becoming collectors, stockpiling so many shows on their DVRs that they don’t have time to watch them all. As a result, they’re also watching shows later, at a time when it’s convenient to them.

As The New York Times reported recently, this fall’s television season saw a surge of viewers watching shows four to seven days after the initial air-date. Broadcasters and cable networks typically base their ad prices … Continue Reading

#GivingTuesday, Take Two

Posted in Advertising, Digital, Marketing

As we reported last year, there’s a new entrant into the “holiday days” tradition – #GivingTuesday. The brainchild of New York’s 92nd Street Y and the United Nations Foundation, #GivingTuesday is a movement to create a national day of giving to kick off the giving season and is celebrated the Tuesday after Thanksgiving.

Participating nonprofits encourage donors to make an online gift on #GivingTuesday and to share stories about their gift and the causes they support on social media, tagging each post with #GivingTuesday. In 2012, the initiative’s first year, #GivingTuesday participants comprising more than 2,500 nonprofits from all fifty states saw more than $10 million in total donations. That’s a forty-six percent increase over online donations on the … Continue Reading

Brand Activation Association Marketing Law Conference – Data and Unfairness

Posted in Advertising, Digital, Mobile

As we interact online, we leave a breadcrumb trail of data – both personally identifiable and anonymized.  This information can be pulled straight from data shared – name, age, or address – or can be extracted from browsing habits and usage patterns.  So what restraints are put in place to stop unchecked collection and use of this data?

One touchstone used by authorities in determining data-related policies and definitions is the concept of “unfairness.”  This term is used prominently in the FTC Act and is part of the fabric of consumer protection in the United States.  In addition, unfairness is being used in policymaking and enforcement efforts to determine what types of data collection, storage or use may be impermissible … Continue Reading

Brand Activation Association Marketing Law Conference – The Reasonable Consumer

Posted in Advertising, Digital, Marketing, Media

This week, leading lawyers, legislatures and marketers attended the 35th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA I gave a presentation titled, “Journey to the Center of Advertising Law: Knowledge, Insights, and Practical Tips on The Most Important 2013 Advertising Developments.” Over the next few days, I will share with you three video clips from my presentation. Let’s dive into the first one…

How do we determine “reasonable consumer” behavior?  This is an increasingly important question in a world where the consumer population comprises people with differing views, perspectives, education levels, and experiences.  The “reasonable consumer” is crucial in advertising law:  this person interprets advertising, determines what claims are actually being made, decides whether there … Continue Reading

How to Ensure Compliance under the Telephone Consumer Protection Act

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

The FCC has changed its rules to require “prior express written consent” in order to auto-send commercial calls or texts. Failure to comply can open violators up to private lawsuits, and to damages awards of up to $1,500 per violation.  So what should be done to avoid pricey violations?

First, there needs to be written consent before commercial calls or texts are sent. While this rule revision was primarily meant to address robocalls, the interaction of this priority requirement with the need for “writing” means that it will have a special impact on commercial texts.  Notably, advertisers cannot send messages to consumer numbers pulled straight from interactions that begin offline (for example, from a responses to an on-TV exhortation to … Continue Reading

Breaking the Traditional Agency Model in Today’s Data-Driven Economy with Cramer-Krasselt’s Chairman & CEO, Peter Krivkovich

Posted in Advertising, Digital, Marketing

Madison Avenue is a hotbed for creativity and innovation. The evolving nature of the digital world means new opportunities and platforms, and also means that agencies are constantly pushing the envelope to meet new client needs, develop new campaigns, and rise to new challenges from global competition, the economy, and the like. The constant change that agencies are moving with is what has propelled the creative industry forward all these years.

 The Way I See It I see more agencies successfully melding creative and data to meet the needs of clients and deliver the type of advertising and marketing campaigns that build upon the new trove of consumer data to frame brands in a positive light.  I see competition in… Continue Reading

CARU Annual Conference: Online Behavioral Advertising & Industry Self-Regulation for Marketing to Children

Posted in Advertising, Digital, Direct Marketing

Consumer protection in our digital age is becoming an ever more complex challenge, with technology constantly evolving and always “newer” new media emerging at lightning speeds. In recent years, online behavioral advertising has taken center stage as one of today’s most hotly-debated marketing practices. There seems to be a consensus amongst regulators that the industry, through self-regulation, should take on the challenge of establishing a transparent opt-out program for addressing privacy concerns and allowing consumers to choose not to have their data collected for future targeted ads.  However, the water gets more murky when it comes to online and mobile advertising to children.  Advertising to children is laden with issues and I’ve talked here on Madison Ave Insights about how … Continue Reading

DAA’s New Privacy Guidance for the Mobile Environment

Posted in Advertising, Digital, Marketing, Mobile

The Digital Advertising Alliance (DAA) recently issued guidance explaining how its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data apply to certain types of data in the mobile space.  The DAA’s Self-Regulatory Principles are a direct response to the Federal Trade Commission’s (FTC) call for advertising industry self-regulation in the digital space.

The DAA clarified that its Self-Regulatory Principles are applicable to three newly-defined classes of mobile data: (1) data collected from a particular device regarding app usage over time on non-affiliated apps (Cross-App Data), (2) data about the physical location of the individual or device (Precise Location Data), and (3) calendar, address book, phone/text log or photo/video data created by a consumer and stored on a device (Personal … Continue Reading

Exploring the Rise of Native American Gaming

Posted in Advertising, Digital, Marketing

Foxwoods, Mohegan Sun, Harrah’s: these are a few key players in the gaming industry. And many who frequent the craps tables or drive past their billboards know that these casinos (and many others throughout the country) are owned by Native American tribes. Although regulated by the Indian Gaming Regulatory Act, Native American gaming has recently been on the rise, largely due to the government’s limited ability to prohibit gambling on Indian reservations and other lands of tribal sovereignty. In fact, according to a recent analysis by Bank of America Merrill Lynch, Native American gaming represents 43 percent of U.S. gaming industry revenue – with Las Vegas representing only 10 percent and regional commercial gaming the remaining 47 percent. Two hundred … Continue Reading