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Cash and credit and debit cards are certainly dominant in the payment space today.  Some think change will never happen, but they are dead wrong.  Mobile payment is in its infancy, but the benefits are clear:  simplicity, convenience, relevance, and targeted offers and rewards.  No more wallets with multiple cards, just one device.  And this is only the beginning. 

Consumers and retailers are eager to participate.  Starbucks – a market leader – already offers a popular payment app.  It has now moved further into mobile payments by partnering with Square to allow mobile payment at all of its 7,000 U.S. stores.  Customers may soon even be able to pay with their phones while they’re still in their pockets.  With Square, a cashier can see your photo as you approach the register, and you complete the purchase by stating your name. Continue Reading Are Mobile Payment Apps the Next Big Thing?

We are in a “perfect storm” fueled by big data, technological change, media transformation (especially mobile), and global competition.  The conventional model of linear digestion of media followed by the linear transaction process is disappearing.  With digital media, consumers have multiple sites and screens open at the same time.  This year the number of Internet users in the U.S. will grow to 239 million, nearly 76% of the total population.  We’re not moving to a digital world, we’re there.

Rapid technological change in mobile devices and wireless service (4G and 4G LTE) fundamentally change how advertisers and consumers interact.  Material information is increasingly delivered to consumers not only at the most relevant touch points, but also – through geo-location – at the most relevant places and times.  Think of it as “just-in-time” marketing.

This means real opportunities, with real questions for advertisers, regulators, and lawmakers – just as the hitchhikers are arguing about in this clip.  Marketers are charged with balancing evolving technological capabilities with consumer protection, including privacy and data regulation, and with adhering to regulatory standards and disclosures.     Continue Reading Settling the Argument: Regulation and Disclosure in the Digital World

Increased mobility and access to information with digital media and mobile gives consumers real power to shape the marketplace.  Yet consumers can be fickle and easily distracted, to say the least.

With so many options and constant change, the question for advertisers is:  how do we determine what reasonable consumer behavior and perceptions are when the norm is rapid change?  Let’s look at some examples of what it means to be “reasonable.”

In a recent class action lawsuit, consumers claimed they were deceived into believing Fruit Roll-Ups and Fruit by the Foot snacks are made with real fruit.  Using the word “fruit” in the name, along with images of fruit on the packaging, could be enough for a “reasonable” consumer to believe that there was real fruit.  The court said that the ingredients list could not correct the message that “reasonable” consumers took away from the rest of the packaging.Continue Reading Choices, Choices: Do Consumers Really Know What They Want?

It’s hard to believe it’s already mid-November.  The Presidential election is now behind us and the devastation of Hurricane Sandy is still all too real for many on the East Coast.  This week, many in the marketing and promotion industry are heading to the Windy City for the 34th Annual Promotion Marketing Association Marketing Law Conference.  This year’s conference is titled, “Converging Platforms & Diverging Laws” and I’m honored to be giving a keynote address again this year.  Throughout the PMA Conference this week, I’ll be sharing my thoughts and perspectives with you.

The Promotion Marketing Association is one of the largest and most influential industry trade associations and has been since its inception in 1911.  PMA represents businesses that motivate behavior, activate response and build brands.  These disciplines include promotion, shopper/retailer, digital, sponsorship and experiential marketing.

The Way I See It

  • I see the PMA’s Annual Law Conference helping marketers and agencies understand the implications of new developments, regulatory updates, legislation, and the effect of new technologies shaping the marketing world.
  • I see candid presentations, panels, and conversations on the critical issues facing the industry:  digital and mobile, data and privacy data security, shopper marketing, the role of the regulators – Federal, state and local, self-regulation, consumer direct action, protection of children, and so much more.
  • I see the PMA changing as the industry changes, and I see the influence of PMA increasing as the industry grows and gains even greater influence.

The Way the Industry Sees It

I sat down with Bonnie Carlson, the President of PMA, to give you an inside look at what is planned for this year’s Marketing Law Conference, current issues driving PMA’s work in the industry, and how PMA – and the industry – has changed since its inception just over 100 years ago.

I can’t believe it’s time again for the PMA Annual Marketing Law Conference. Can you give us some insight as to what the title of this year’s conference, “Converging Platforms & Diverging Laws,” means and how the panels and sessions aim to address it?

The title is a reflection of the continuing evolution of traditional media/tactics converging with new technology and the challenges this brings legally, often pioneering new ground and testing principles such as self-regulation, marketing to children and First Amendment rights.  Consumers are influenced by a myriad of media and are connected globally, especially because of the internet and social media, which also challenges the overlap or divergence of international and federal/state laws.

This year’s program really touches upon the key topics and issues brands and marketers face – the rise of social media, the importance of the mobile platform, the new regulations and regulators (like the CFPB), the focus on consumer activation, and the need to succeed in a global economy.  Given the developments during the past few months alone, what do you think will be the main themes driving your industry next year?

The consumer will continue to be in charge, expecting more transparency, authenticity and value from brands.  Marketers and retailers will continue to be pressured to do more with less, to advance new technology, stay competitive with a speed-to-market mentality, and have accountability for results.  On the legal side, the themes will be a focus on privacy rules (dot com guidelines, mobile app, and International data privacy rules), renewed attention to the COPPA rules, health and food claims, and cyber cafes.

Continue Reading Gearing Up for the 34th Annual PMA Marketing Law Conference

Ahh, America’s favorite pastime. Hot dogs, peanuts, jerseys, and Big League Chew. We have all heard the call at the stadium – “Beer here.”  Major League Baseball commands attention, defining summer for sports fans and inflaming longstanding hometown rivalries.  I live in New York City, though I was raised outside Boston.  Talk about a rivalry – the Yankees and Red Sox – though not a good year for the BoSox this year.  Every home run, broken bat and strikeout adds up to the biggest baseball event of the year: the World Series.

The World Series is one of the key tent pole events of the advertising year.  It is important to big brands and advertisers.  Sports is a great way to reach a key male demographic; so for car companies, beer, snack food, soft drink, and other brands, the World Series is one of the championship venues in which they need to play. This is true not only for national advertisers, but local advertisers as well.  So you might see a major automotive company in the national network television spots and local dealer association advertising in the local spots for a market.  If you are thirsty, hungry, need a deodorant, a new shaver, or a new car – watch the World Series.

The Way I See It

  • I see the best of athletic competition bringing new thrills and touching childhood memories.  I see television advertising at its best touching a key advertising demographic.
  • I see the smart use of online, mobile, and social media by MLB to keep consumers in touch who are not in front of the television, giving advertisers multiple platforms to reach their audience.
  • I see athletes competing and I look for the next breakout star shaving, eating cereal or promoting the features of a new car.

The Way the Industry Sees It

To learn more about baseball’s biggest matchup and what it means to the advertising industry, I sat down with Jacqueline Parkes, the first-ever Chief Marketing Officer of Major League Baseball.  She answered some of my biggest questions about the World Series for advertisers.

[Since the World Series is a competition that lasts anywhere from 4 to 7 games, does MLB view this as a competitive advantage in terms of marketing value over some other sports championship competition that may be only be one game?

Every event is different and presents its own unique opportunities.  The World Series has stood the test of time to consistently stand as one of the jewel events of the television calendar.  From an advertising standpoint, our partners at FOX routinely sell out of all inventory.  We all focus primarily on the first four games since we know they will definitely take place – as MLB did this year by dedicating each of the first four games to an important community initiative (Stand Up To Cancer, Welcome Back Veterans, youth charities and Habitat for Humanity) – and then if and when games 5, 6 and 7 take place we all move quickly to activate around them.  We feel it is very important to leverage our largest promotional platform, the World Series, to build awareness for charities that help drive our communities.

How important are historic or geographic rivalries to baseball and the World Series?  Do they factor into marketing the MLB?

Certain matchups between teams with a long history can sometimes help bring in more viewers at the start of a World Series, but it’s been proven time and time again that in the end, the drama on the field will bring in the viewers regardless of who’s playing.  In 2011, the Cardinals and Rangers came into the World Series having never faced each other, and yet the seventh game of that epic World Series was the most-watched baseball game since the Red Sox ended their 86-year drought in 2004.

Continue Reading Take Me Out to the Ball Game, Advertisers

Advertising Week is in full swing and is already full of surprises. On Monday, the Federal Trade Commission (FTC) released the details of its updated Green Guides to attendees of the National Advertising Division (NAD) Annual Conference, before even announcing it to the press – talk about a scoop! It was exciting for all who were there and who work in developing environmental marketing claims. We have been eagerly awaiting the new Green Guides for over 2 years. With thousands of comments from industry groups, environmental advocates, academics and others during the review process, there were certainly a lot of people watching and waiting. The FTC is trying to put out guidance that set a balance between the firmness needed to help reduce “green washing” and the flexibility needed to allow advertisers to develop new and novel claims as environmental sciences and technologies advance in ways we cannot yet anticipate.
Continue Reading New FTC Green Guides Signal Change Ahead for Marketers

Davis & Gilbert may be the preeminent advertising law firm, but we still can’t read minds. This week during Advertising Week, I’ll have the opportunity to speak with industry leaders and top executives about the future of advertising and some of the BIG issues our industry is facing, but I want to know what you…

Advertising Week is to the advertising industry and brands what the Emmys are for the television industry and what the Oscars are for the film and entertainment industry. I’ve had the honor of knowing the brainchild behind Advertising Week since its inception. Now in its ninth year, Advertising Week is bigger than ever – with five days of high-level programming hosted by and featuring some of advertising’s biggest names, including those agencies and brands who are leading the charge in innovation and creativity in our industry.

The Way I See It

  • I see the industry’s biggest leaders gathering in New York City to share and discuss the latest ideas, creations, and technology that is shaping the future of the industry.
  • I see a broad representation of an industry that has spread its web far beyond Madison Avenue. A map of the venues and the packed agenda reminds us of the growth and innovation that the industry has adopted and achieved.
  • I see an annual opportunity for the most creative and innovative minds from across the industry and across the world to gather in one place and focus on the industry’s hottest topics: mobile, data, social media, privacy, creative, technology, and the future of advertising as an industry.

The Way The Industry Sees It


I sat down with Matt Scheckner, the founder and creator of Advertising Week, to give you the inside scoop on what Advertising Week 2012 has in store for attendees, what is different this year than in the past, and what is in store for its upcoming Tenth Anniversary.

It’s hard to believe Advertising Week is in its ninth year. How has the program changed since its inception and how has it stayed true to the foundation it was built upon?

We’ve changed just as the industry has and continues to change. That’s the great constant and we work very hard to not only address what’s going on in the industry now, but we try to look to the future.
Since we think this way, we’ve stayed very true to our foundation of being an advocate for the industry and its wonderful people. We’re about education, inspiration, connection and celebration.

There are many industry hot topics that are the focus of numerous programs throughout the week. What topic do you think will define this Advertising Week?

We’re seeing this in the specific tracks that we’ve created. Mobile, social, education diversity and the convergence of Madison Avenue, Silicon Valley and Hollywood (which we call MASSIVE) are all on the tops of minds.  Additionally, with The Advertising Week Experience (AWE), we’re realizing that there is some profoundly important technologies that marketers really need to know.

Continue Reading Backstage Pass: Advertising Week 2012

To anyone in the industry, Madison Avenue is more than just a street on the bustling grid that is Manhattan:  it’s a global industry that exists in every state of the union and every country of the world. It stands for passion, creativity, change, challenge, innovation, and opportunity. The birthplace of ideas and work that have made us laugh, cry and think, while we have been entertained and informed. The industry that has helped to shape the world we live in today. 

Madison Avenue has long been synonymous with the world of advertising, marketing, and communications. It’s our Hollywood, our Silicon Valley, and our Capitol Hill. Advertising and marketing – the industry – is not just agencies, it’s marketers, clients, media, content providers, and technologists who today are all part of Madison Ave. Madison Ave is not a geographic location – it is the moniker, the advertising industry’s Tiffany blue – our brand, our logo.

The Madison Ave Insights blog will bring you into the industry – you’ll meet the people shaping our world, driving change, innovating the present, developing rules, and laying the foundation for the next big thing. Each week, I’ll be addressing the topics on everyone’s minds – mega-trends, challenges, developments, advertising. If you’re thinking about it, I’ll be talking about it here.

I’m Ron Urbach, Chairman of the preeminent advertising law firm Davis & Gilbert LLP. I’ve been both behind the scenes and out front of the most critical industry developments that have fundamentally transformed the industry and the profession – the latest campaigns, the hottest new technologies, and the most innovative new business practices — Davis & Gilbert has been doing it for over 100 years.
Continue Reading Welcome to Madison Ave Insights