October 5, 2018

Advertising Law News and Analysis

5 min

Demystifying the NAD Referral Process

What does it mean when the National Advertising Division (NAD) refers a case to the Federal Trade Commission (FTC)? Find out from Venable attorneys Randy Shaheen and Matthew Renick, who report in a recent blog post about the recent NAD Annual Conference, where Mary K. Engle, the associate director of the FTC's Division of Advertising Practices, and NAD director Laura Brett sorted fact from fiction about NAD referrals and shared their perspectives from both sides of the process.

The Definition of Autodialer Under the TCPA: A Tale of Two Courts

What is an autodialer under the Telephone Consumer Protection Act (TCPA)? That's a good question and one with which courts across the country are struggling. Fortunately, write Venable attorneys Dan Blynn and Steve Freeland in a recent blog post, the Federal Communications Commission (FCC) is, as its chairman recently described it, "poised" to provide clarity on what types of devices fall within the definition as part of an ongoing declaratory ruling proceeding. Nonetheless, several courts recently have issued divergent decisions regarding technology that constitutes an autodialer under the statute.

Wayfair Has Tax Implications for Non-U.S. Businesses

On June 21, 2018, in South Dakota v. Wayfair (Wayfair), the United States Supreme Court reversed its decades-old ban on states imposing a sales tax collection obligation on out-of-state vendors without an in-state physical presence. Inasmuch as the decision has the most relevance to non-U.S. sellers of goods and services to retail customers located in the U.S., write Venable partners Walter Calvert and Sung Hwang in a recent client alert, prudent non-U.S. businesses will want to review their existing business practices, to confirm that they will not raise sales and use tax compliance issues going forward.

Upcoming Events

Online Sellers Summit

October 14-16, 2018 | Scottsdale, AZ

Venable's Ari Rothman and Len Gordon will be discussing recent FTC developments at the Online Sellers Summit, the ultimate event for online retailers and the services that support them. For three days marketers, business leaders, and entrepreneurs come together to help everyone develop the knowledge and relationships to thrive in the online retail community.

Health and Retirement Plans – Rethinking the Status Quo

October 17, 2018 | Washington, DC and webinar

Recent changes in the benefits regulatory landscape present significant compliance issues for employers. This program will focus on new Internal Revenue Service and Department of Labor guidance, as well as pending retirement plan legislation. The event will also explore the latest developments for employee health and retirement plan management.

Dos and Don'ts for Social Media in the Financial Services Industry

October 23, 2018 | Association of Corporate Counsel Annual Conference | Austin, Texas

As social media continues to grow more prevalent every day, it is critical to stay current on recent developments. Venable partner Amy Ralph Mudge will participate on a panel exploring the risks and best practices for using social media in the financial services industry, as well as the latest legal and regulatory trends.

Using Affiliates in Advertising: Pitfalls and Safeguards

October 24, 2018 | Webinar

Affiliate marketing provides a useful tool for companies seeking to promote their brands and expand their customer base. Join Venable attorney Shahin Rothermel for a discussion about best practices when using affiliates to advertise and market your products and services. She will discuss risks associated with engaging affiliates, best practices for using affiliates, and how these practices may need to be tweaked based on the marketing channel your affiliates use.

2018 ANA/BAA Marketing Law Conference

November 7-9, 2018 | Chicago

Venable is a proud sponsor of the 2018 ANA/BAA Law Conference, the premier forum for marketing and advertising legal and business professionals. Hear from more than 135 of the nation's leading executive and legal speakers from the marketing and advertising, privacy, social media, and IP law bars, as well as in-house counsel from major brands and prominent federal and state regulators. Hear from our Venable attorneys at any of the following sessions:

Amy Ralph Mudge will present "Influencers Marketing Native Advertising and User Generated Content" on November 7 at 2:20 p.m.

Melissa Landau Steinman will present "Loyalty Programs: Litigation & Regulatory Concerns" on November 8 at 4:25 p.m.

Po Yi will present "Celebrity/Talent" on November 9 at 1:55 p.m.

Personalized Nutrition: Leveraging Technology and Big Data to Provide Actionable Insight and Effective Solutions

November 7, 2018 | SupplySide West 2018 Conference and Expo | Las Vegas, NV

Personalized nutrition continues to evolve at a rapid pace as advances in science and technology are matched by increasing consumer interest. Tapping into this burgeoning market is no easy feat; brands are charged with acquiring large amounts of data and utilizing it by leveraging technologies such as algorithms and artificial intelligence to provide actionable insight and effective solutions. Venable's Emilio Cividanes will discuss the challenges and legal considerations of acquiring and utilizing data, such as data sharing and privacy, the current market landscape, and more.

CBD and Hemp Extracts: How Do We Move Forward?

November 7, 2018 | SupplySide West 2018 Conference and Expo | Las Vegas, NV

Over the last five years, demand for cannabidiol (CBD) and related whole-plant hemp extracts has grown exponentially. Colorado-based Hemp Business Journal estimates the total CBD industry—including both hemp- and marijuana-derived sources—grew to $360 million in U.S. sales in 2017, reflecting a 37 percent growth rate. Despite the surging demand for hemp-derived products, the CBD industry continues to face myriad challenges. In this three-hour workshop, Venable's Todd Harrison will host a discussion with leading hemp executives and attorneys about the current landscape for CBD and strategies to mature as an industry and overcome hurdles to growth.