DOJ clips a coupon settlement, one word that spells "trouble" for sweeps and promotions, and more in this issue of Advertising Law News & Analysis

DOJ Clips Coupon Settlement

In a Statement of Interest issued on February 16, the Department of Justice's (DOJ) Consumer Protection Branch requested that a judge set aside a proposed class action settlement that would issue coupons to consumers but "transfer a massive $1.7 million windfall payment to plaintiffs' counsel," a sum that outweighs the harm incurred by consumers. In a recent blog post, Venable attorneys Randy Shaheen and Dan Rosenzweig write that the Class Action Fairness Act of 2005 empowers DOJ to issue a Statement of Interest to the presiding court if it believes a settlement is unfair or unreasonable. DOJ has inserted itself into only two cases over the past decade, but this case and recent DOJ statements indicate such action may become more common.

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Six Letters Can Spell "Trouble" for Sweeps and Promotions

There are certain words and phrases that set the antennae of promotions lawyers – and law enforcers – buzzing, writes Venable partner Melissa Landau Steinman in a recent blog post. While "Everybody wins" comes to mind right away, one word that should concern anyone involved in executing sweepstakes is "raffle."

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Blockchain-Based IP Rights Management?

Blockchain receives tremendous buzz, but its application extends beyond bitcoin. One application nearing reality, write Venable attorneys Tamany Vinson Bentz and Ethan Mora in a recent client alert, is the use of blockchain to manage copyright and other intellectual property (IP) rights. Use of the technology will require almost everyone from content creators to consumers – and everyone in between – to change the way they think about rights management and enforcement. And although the technology has the potential to solve many of the most vexing problems IP owners face today, it also creates some new ones.

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From the Tool Kit:

A properly maintained copyright portfolio is essential to any brand protection effort. In the latest edition of the firm's Advertising Law Tool Kit, Venable partners Josh Kaufman, Meaghan Kent, and Justin Pierce discuss best practices for brands to consider when using copyright to protect and defend intellectual property.

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Global Advertising Lawyers Alliance Seminar: Advertising Law in the United States and Around the Globe

March 14, 2018 | New York, NY

Join Venable and GALA for panel discussions on influencer marketing, global sweepstakes, and best practices for running a global campaign with a network of international attorneys. CLE credit will also be offered during the two-hour session.

2018 ANA Advertising Law & Public Policy Conference

March 15 - 16, 2018 | Washington, DC

Legal counsel has a vital role to play in today's advertising industry. More than ever, lawyers must partner with their clients to find new and innovative ways to say yes, rather than point out all of the pitfalls that may lay in the weeds as marketers struggle to gain share. This year's conference focuses on how that challenge can be met. Venable partner Amy Mudge will join the panel for "Depictions of Women in Advertising after #Metoo" at 10:50 a.m. on March 15.