It was an incredible three days in Chicago at the 39th Association of National Advertisers/Brand Activation Association Marketing Law Conference, “Breakthrough: Legal Strategies for Dynamic Businesses.” During yesterday morning’s general session, I gave a presentation titled “Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments,” exploring not only the trends and changes in the advertising and marketing ecosystem, but how lawyers can and are responding to keep pace with the industry and their business clients’ demands.*  In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…

Influencer marketing isn’t just the fastest channel for consumer acquisition – it’s also one of the most cost-effective.  Studies have shown that working … Continue Reading

As mentioned, at BAA I gave a presentation on the interplay of marketing and advertising law to activate brands. Today I will share with you the final installment of this series…

What is shopper marketing?  It’s about harnessing technology and data to reach and influence consumers on their path to purchase – online to in-store.  It’s about creating a brand experience for the consumer – not just a brand or retail channel transaction.  It uses content, technology, promotion, data, social interaction and insights as tools for meaningful consumer engagement.

Shopper marketing is dependent on information and data.  But how does a brand or retailer collect and use the data? When does consumer data collection become invasive, and when do privacy … Continue Reading

As mentioned, at BAA I gave a presentation on the interplay of marketing and advertising law to activate brands. Today I will share with you the second installment of this three-part series…

Which generation are the real entrepreneurs of today? Is it America’s largest generation – the millennials? How about the boomers?

It’s really Generation Z – those born between 1996 and 2010 – children aged 6 to 20. In a recent survey of Gen Z, their top career choice was to be a serial entrepreneur. This generation’s new business tools are social and digital media with video content creation.  They use real time information to determine pricing and engage in e-commerce. And they do it all from the comfort … 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

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

Today’s marketing and advertising landscape may be more laden with legal tripwires, regulatory mines, sharp corners, and dead ends than ever before. Technology is definitely evolving in real time, new laws are creating a tangled web of regulation, and consumers are savvier and more in control than ever.

Fortunately, the 36th Annual BAA / PMA Marketing Law Conference – themed Navigating the Marketing Law Maze – is here to help you find that elusive piece of cheese at the end. Taking place November 5 – 7, 2014 at the Windy City’s Downtown Chicago Marriott, the conference is built for inside and outside counsel, marketing executives and the increasingly eclectic mix of professionals caught at the crowded intersection of compliance and … Continue Reading

We’re all familiar with the classic product demonstrations in television commercials: who hasn’t seen re-enactments of the super-absorbent paper towel, or the dish detergent that cuts through grease with a single drop?

How do we define a demonstration?  Well, a demonstration is just that: a way for advertisers to show the product functioning as it actually would, as objective “proof” of performance.  As such, it is especially important that demonstrations actually consist of a true and accurate portrayal of the product.  When the FTC began bringing enforcement actions concerning advertising demonstrations in 1959, it encountered cases where products or props had been doctored, enhanced or replaced to achieve the desired performance, and the advertiser had not disclosed any modification.  Even … Continue Reading

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