As mentioned, I gave a presentation on the key trends and legal developments sweeping the advertising and marketing ecosystem at last week’s 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” Today I will share with you the second installment of this series…

The question of who has access to consumer data and device information – and how it gets used – is one that we all need to worry about.  But when it comes to brands, how can they create compelling content to convince a consumer to stay connected and share their data?

And how can brands stay transparent and give consumers real choice about the use of their data?  The need … Continue Reading

When marketers think about wearable technology, they might feel like the runner who has just crested a hill in a Fitbit commercial: winded, but energized. Winded, because wearables are emerging at a time when marketers have barely had a chance to catch their breath after getting up to speed on mobile (and before that, social, and before that, display advertising), but also energized, because of the great possibilities that wearable technology promises.

Of course, before advertisers can begin to think about marketing wearable technology, consumers have to embrace it, which brings us back to Fitbit. The household brand has been making its popular fitness trackers for nearly a decade, and launched its first global ad campaign in 2014 with Argonaut … Continue Reading

Sports and marketing have come a long way since a young Pittsburgh Steelers fan offered Mean Joe Green a Coke in the classic 1979 television commercial. For one thing, the audience has changed. The oldest millennials were just being born in the late 70s, but now comprise one quarter of the U.S. population. Highly coveted by advertisers, millennials are often painted as fickle beasts. New data, however, challenges that notion. In fact, according to a pair of new studies, millennials are the most brand-loyal generation of all. This makes it all the more important for brands to get an early foothold with these prized consumers.

One entity helping brands pull off that difficult trick is Whistle Sports. This booming digital … Continue Reading

In the last few years, Intel’s advertising has become a lot less inward-focused. For decades, the company’s “Intel Inside” campaign directed consumers’ attention to the chips that Intel puts inside electronic devices. While that campaign (with its instantly recognizable bong-bong-bong jingle) helped make the company what it is today, Intel hasn’t been content to rest on its success. This is a company with innovation in its DNA, after all.

With new CMO Steve Fund at the helm, Intel has added an outward looking element to its Intel Inside message. The company’s latest marketing push is focused outward, highlighting the shuttle launches, solar-powered car races, animated dragons, high-tech garments, and other wonders that Intel technology brings to life. The initial video … Continue Reading

They say a picture is worth 1,000 words, but what about video? Whoever is behind the famous aphorism never crunched the numbers on video, but you’d have to think that the words-to-video conversion rate would be very large. After all, video advertisements are known to have tremendous advantages, even over those that use pictures. Video ads are more likely to be discovered (search engines love video content), shared (consumers share video at high rates), and acted upon (according to Amazon and eBay, video ads accompanying product descriptions increases the chance of a purchase by as much as 35%) than other formats. All of which helps explain why people are watching so much video these days.

According to data gathered by … Continue Reading

Winemaking is a timeless craft—or so you might think. If you do, one visit to a Jackson Family Wines facility powered by Tesla batteries and you’ll soon realize that wineries are certainly keeping up with the times.

One of the country’s largest family-owned wineries, Jackson Family Wines has been innovating in all kinds of ways as it carries on the family’s winemaking legacy (including production of the popular Kendall-Jackson brand). It has shown both foresight and ingenuity in adapting to climate change, which has begun to affect the California landscape on which the company grows its grapes. In some cases, it has implemented low-tech solutions that farmers of yore would recognize: using owls and falcons instead of pesticides to control … Continue Reading

Influencers – from bloggers, vloggers (video bloggers), YouTube stars and Instagram personalities – are truly the stars of social media, and brands are eager to harness their power and reach.

Millennials are estimated at having a purchasing power of $1.3 trillion, according to Social Media Week, and as social media continues to gain speed as one of millennials most coveted forms of currency, brands are taking notice. In order to best communicate with this growing demographic – whose attention span lasts a total of 8 seconds as reported by TIME Magazine – brands are heavily leaning on social media.

We are seeing these personalities being woven into brands’ advertising strategies, particularly in the form of sponsored content. More than … Continue Reading

As we approach the tenth anniversary of the iPhone, it’s clear that mobile advertising has hit a tipping point. That conclusion is inevitable from any number of facts. For one, Google has announced that more searches on its platform take place on mobile devices than computers in 10 different countries, including the United States. Second, 80% of Facebook’s ad revenue now comes from mobile. If there was any remaining doubt, the research firm E-Marketer has said that 2016 will be the year in which mobile ad spending overtakes digital ad spending.

Amazingly, this tipping point feels like it has been a long time coming. It has been predicted for years, despite the fact that smartphones and other devices displaying mobile … Continue Reading

Last week, leading lawyers, regulators and marketers attended the 38th Annual Brand Activation Association (BAA) Marketing Law Conference in Chicago. At BAA, I gave a presentation on the interplay of marketing and advertising law to activate brands. Over the next few days, I will share with you three posts from my presentation. Let’s dive into the first one…

Every day, in-house attorneys make risk decisions when advising clients. It would probably be helpful for them to know what is on the regulators’ minds. But how do they find out?

Think about the mindset of the regulators that may be scrutinizing your industry. Remember that Attorney Generals are political animals who will track publicity; that the “reasonable person” standard invoked by … Continue Reading

Earlier this year, I had a revealing conversation with three transformers. I’m not talking about characters from a summer blockbuster, but instead senior marketing executives from three iconic brands: Absolut, GE, and Google

The subject of our discussion was the ways in which advertising agencies need to transform to serve a new generation of clients. (A subject they know well, since they are driving that transformation.) Today, we get to hear more from: Afdhel Aziz, Global Brand Director for Absolut.

Absolut, always a marketing pioneer, has created something innovative with the latest project that Afdhel is leading, Absolut Labs. Described as a “marketing innovation lab,” Absolut Labs put the brand at the heart of the nightlife scene, facilitating connections among … Continue Reading