Continuity plans receive renewed scrutiny, minimizing the risks of ransomware attacks, and more in this issue of Advertising Law News & Analysis

3 min

United States Capitol Building

Make Your Voice Heard in DC

Next week, the leaders from across the Electronic Retailing industry will assemble in Washington, DC for the Electronic Retail Association's annual Government Affairs Fly-In and the ERSP Summit. In addition to drawing top-flight government speakers from Capitol Hill, the Federal Trade Commission (FTC), and state attorneys general, this annual event gives businesses the unique opportunity to make the industry's voice heard on Capitol Hill and shape policy that will define our businesses for the next decade or more. Follow the link below to learn more about the Fly-In, the Summit, and the critical value of ERA's government affairs programs.

Read More


Continuity Plans Receive Renewed State Scrutiny

From skin care to dietary supplements, groceries, and periodicals, the popularity of continuity-based marketing with consumers is soaring. However, write Venable partners Ellen Berge and Jeff Knowles in the May edition of the DRMA Voice, a proposed amendment to Section 17602 of the California Business and Professions Code that recently passed the California State Senate and is now winding its way through the Assembly could leave marketers who use continuity-based offers feeling like they have recurring nightmares.

Read More

System Protected

Ransomware Cyberattacks: How to Minimize Your Risks

Last Friday, an unprecedented cyberattack affected a large number of Microsoft Windows-based computers through a type of malware known as ransomware. Although ransomware has been increasingly prevalent over the last few years, this particular version, called "WannaCry," spread quickly and widely around the world, write Venable attorney Jami Vibbert and Senior Director for Technology Risk Management John Banghart in a recent post to the firm's advertising law blog. In the post, they list some best practices for preparing for and mitigating ransomware-based cyberattacks.

Read More

Advertising Law Tool Kit

From the Tool Kit

Both the FTC and state attorneys general continue to scrutinize any advertising and marketing that uses a "negative option" or "continuity" approach, writes Venable partner Len Gordon in the most recent edition of the firm's Advertising Law Tool Kit. He writes that sometimes the difference between continuing success and recurring problems can be as straightforward as a few simple fixes.

Read More


ERA Government Affairs Fly-In and ERSP Summit

May 23 – 24, 2017 | Washington, DC

Join the leadership of the Electronic Retailing industry as it gathers in Washington, DC to discuss the political landscape and what to expect from Congress, regulators, and the new administration in the year ahead. The Fly-In offers a unique opportunity to play a vital role in educating national leaders about the electronic retailing business while molding and protecting the industry's future. The co-located ERSP Summit, which takes place on May 23, is a great opportunity to network with legal professionals and industry leaders to discuss trends in industry self-regulation and direct-response advertising. 

COMPLY2017 – The RegTech and Compliance Conference

June 7 – 8, 2017 | New York, NY

Join Venable and other leading professionals interested in compliance, education, marketing, and RegTech solutions. Venable attorney Alexandra Megaris will moderate a state AG and regulatory session, "The Shifting Regulatory Environment: A State and Local Perspective," on June 7. Hear from federal and state officials on the front lines of consumer protection regulation and enforcement about these shifts and how they directly impact your organization as it prepares and plans its compliance priorities.