September 10, 2015

Advertising Law News & Analysis - September 10, 2015

3 min


Venable Launches Pair of Employment Law Blogs

If you read this newsletter, you count on Venable's award-winning blog, All About Advertising Law, to keep you up to date on new developments in advertising and marketing law. This week, Venable launched two new blogs that will be of interest to all employers.

Class Action Perspectives for Employers focuses on class action lawsuits targeting companies or entire industries.

Trade Secrets and Transitions focuses on legal issues related to employee mobility and the protection of trade secrets.


Strip Club Peels off Liability in TCPA Autodialer Class Action

On August 19, 2015 the Northern District of California issued one of the first decisions interpreting the Telephone Consumer Protection Act's (TCPA) definition of "automatic telephone dialing system" (i.e., autodialer), Luna v. SHAC, LLC, following the FCC's July 2015 omnibus TCPA order. In a recent post to Venable's advertising law blog, attorneys Daniel S. Blynn and Samuel D. Boro write that Luna may serve as a guidepost for future litigants, as the key to the court's decision lies in the degree of human involvement in the call-making process.

Read the blog post to learn more about the Luna decision's significance.

Read the Luna decision here.

Read a list of other recent TCPA class action cases compiled by Venable.

Ashley Madison's Lessons for Marketers

The seemingly irreparable reputational damage and ruinously expensive litigation that follow data breaches keep executives of all stripes awake at night. And in a summer of high-profile breaches, none loomed as large as that of the adult website

In addition to creating an interesting mix of titillation and schadenfreude, the Ashley Madison saga provides a number of lessons for all marketers, write Venable partners Jeffrey D. Knowles and Justin E. Pierce in the September edition of the DRMA Voice.

Read the full article to learn what companies, especially those marketing "high-risk" products or using unconventional marketing methods, can learn from the site's public shaming.

Upcoming Events:

Understanding the FTC's Updated FAQs on Testimonials & Endorsements

Amy Ralph Mudge will present "BAA Legal: Understanding the FTC's Updated FAQs on Testimonials & Endorsements" via webinar for the Association of National Advertisers on September 15, 2015.

Visit the event webpage for more information and to register.


September 28-30 | New York, NY

Legal trends, FTC enforcement priorities, and breaking developments in advertising law will be topics of discussion at this year's annual National Advertising Division (NAD) and Children's Advertising Review Unit (CARU) conferences. Learn how to enhance your use of the advertising industry's self-regulatory forum and hear from Venable's Melissa Landau Steinman, who will be speaking at CARU on "The Business Behind In-App Purchases, Push Notifications and Interest-Based Advertising."

Click here to learn more about NAD/CARU and to register to attend.


October 6-8 | Las Vegas, NV

ERA is celebrating 25 years of bringing together the top direct-response marketers and innovators in the industry. Venable's Po Yi will be featured on the panel "Using Digital to Make the Cash Register Ring" to discuss best practices for brand marketers who use mobile and digital media to market to consumers. Be sure to swing by Venable's booth, #815, to meet our team.

Click here to learn more about ERA D2C and to register to attend.

SupplySide West

October 7-8 | Las Vegas, NV

Venable will partner with KGK Synergize as co-sponsors at this year's SupplySide West. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable's Andrew Pratt and Justin Pierce will host a VendorBrief on "Brand Integrity for Food & Ingredient Suppliers: Best Practices in Enforcement & Licensing." Be sure to visit us at booth #1845 for more information and to meet our team.

Click here to learn more about SupplySide West and to register to attend.