Archives: Advertising

The Post-Cookie Digital Advertising Landscape: Planning for Privacy Compliance in Unsettled Terrain

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Priyanka Surapaneni on May 31, 2023 Posted in Advertising

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Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation. Digital advertising also incorporates many digital tools and systems that target … Continue Reading

The Potential Risks of ChatGPT and Other Generative AI

By Lauren Bass on April 11, 2023 Posted in Advertising

“Shall we play a game?” Those innocuous words “spoken” by Matthew Broderick’s computer in John Badham’s sci-fi techno-thriller War Games stunned audiences at the time. A computer that could “talk” and “think” and engage in conversation?!? This was the height of science fiction. Well, with the recent release of generative artificial intelligence (AI) tools, specifically in the … Continue Reading

The Federal Trade Commission’s New Health Product Compliance Guidance

By Randal M. Shaheen and Daniel Kaufman on March 13, 2023 Posted in Advertising

Join Randy Shaheen and Daniel Kaufman as they discuss the Federal Trade Commission’s new Health Products Compliance Guidance. During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old … Continue Reading

AdTech: Regulation, Compliance and Where We are Heading

By Theodore J. Kobus III on January 10, 2022 Posted in Advertising

Partners Fernando Bohorquez, Gerald Ferguson, Linda Goldstein and Jeewon Serrato, and Associate Justin Yedor served as panelists in a recent article published in the January 2022 issue of Financier Worldwide. In the article, they offer insights regarding key advertising technology regulation and compliance trends, including recent digital advertising efforts, benefits and insights, and current regulatory … Continue Reading

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

By Daniel Kaufman on December 27, 2021 Posted in Advertising, Enforcement, FTC, HHS, HIPAA/HITECH, Privacy

Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

By Linda A. Goldstein, Amy Ralph Mudge, Randal M. Shaheen, John P. Ferry and Matthew Renick on October 13, 2021 Posted in Advertising, FTC

By: Linda Goldstein, Amy Mudge, Randy Shaheen, Jack Ferry and Matt Renick The Federal Trade Commission (FTC or Commission) announced on Oct. 13 a widespread enforcement action against deceptive endorsement practices. The Commission sent a Notice of Penalty Offenses to more than 700 companies, notifying them that conduct related to fake or misleading endorsements and … Continue Reading

Colorado’s Privacy Act: A Curve Ball on Consent and Targeted Ads

By Andreas Kaltsounis, Stanton Burke and BakerHostetler on August 3, 2021 Posted in Advertising

On July 7, 2021, Gov. Jared Polis signed the Colorado Privacy Act (CoPA) into law, making Colorado the third state to enact a comprehensive privacy law, joining California and Virginia. The Act goes into effect on July 1, 2023, and shares many of the rights and obligations provided in other comprehensive privacy laws such as … Continue Reading

Everywhere Commerce: Top Strategies for Mitigating Risk

By Randal M. Shaheen, Amy Ralph Mudge and Linda A. Goldstein on May 27, 2021 Posted in Advertising

Recent changes to our way of living have made it clear just how important it is for marketers and retailers to be thinking about the convergence of brand experience and commerce and redefining how consumers shop and interact with brands online. Join us virtually from 11-3:30 ET on June 15-16 for an opportunity to connect … Continue Reading

Podcast: AD-ttorneys@law: False Advertising or Just Puffing?

By Randal M. Shaheen on January 22, 2021 Posted in Advertising, Podcast

Absolute truth in advertising is something of a rarity, but not every untrue statement is false advertising. In this episode, BakerHostetler partner Randy Shaheen is going to ply you with pointers on avoiding puffery’s promotional pitfalls and potential problems. Questions and Comments: rshaheen@bakerlaw.com Listen to the episode. Subscribe to BakerHosts Apple Podcast | Google Podcast | iHeartRadio | Spotify | Stitcher | TuneIn Download Episode Transcript… Continue Reading

IAB Launches CCPA Benchmark Survey

By Taylor A. Bloom, Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on August 27, 2020 Posted in Advertising, CCPA

The Interactive Advertising Bureau (IAB), a leading advertising industry organization, has launched a CCPA Benchmark Survey to assess how companies across the digital advertising ecosystem are approaching CCPA compliance. The survey provides an opportunity for companies to anonymously report on their handling of various CCPA matters, including to provide statistics relating to the number of … Continue Reading

Upcoming Webinars

By BakerHostetler on April 21, 2020 Posted in Advertising, CCPA

April 23, 2020: Marketing, Promoting and Pricing Your Products During the Pandemic For some companies, the COVID-19 pandemic has meant trying to cope with flying-off-the-shelf demand; for others, it has meant retail shutdowns, force majeure and trying to find creative new ways to keep sales afloat. For all of us, it has been a time … Continue Reading

Ad Industry Split on Cookies and CCPA

By Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on March 10, 2020 Posted in Advertising, CCPA

Owners of websites and mobile applications that utilize cookies and other tracking technologies, e.g., pixels, app SDKs (tracking technologies), for interest-based advertising and other activities inherently share data across the digital ecosystem and will have to address these activities as part of their greater California Consumer Privacy Act (CCPA) compliance approach. In particular, the CCPA’s … Continue Reading

A Collaborative Effort: The Advertising, Marketing and Digital Media Team

By Linda A. Goldstein and Amy Ralph Mudge on January 29, 2020 Posted in Advertising

The following story is one in a six-part series devoted to the half-dozen pioneering teams that comprise the firm’s new Digital Asset and Data Management Group. A prime example of BakerHostetler’s preeminence in the legal industry is on display in its latest Practice Group, Digital Asset and Data Management (DADM), which offers holistic, enterprise-wide risk … Continue Reading

Everything Data!

By Theodore J. Kobus III on January 21, 2020 Posted in Advertising, Breach Notification, Consumer Data, Cybersecurity, Data Breaches, HIPAA/HITECH, Incident Response, Information Governance, Information Security

Thank you to our clients and relationships, as well as to the BakerHostetler team who made the creation of the new Digital Assets and Data Management (DADM) Practice Group possible. In a world dependent on data, this group takes a 360-degree approach to the delivery of services and counsel to clients on how they manage … Continue Reading

IAB Releases Draft CCPA Compliance Framework for Digital Advertising Industry

By Kyle R. Fath on October 25, 2019 Posted in Advertising, CCPA

The Interactive Advertising Bureau (IAB) publicly released its draft CCPA Compliance Framework for Publishers and Technology Companies (“Framework”) on Oct. 22, 2019. As we reported here, the Framework is being developed by the IAB and the IAB Tech Lab to address the challenges of the CCPA’s Do Not Sell obligation as it relates to interest-based … Continue Reading

IAB Previews Solution for Interest-Based Advertising and CCPA ‘Do Not Sell’ Right

By Kyle R. Fath, Gerald J. Ferguson, Alan L. Friel and Linda A. Goldstein on September 19, 2019 Posted in Advertising

On September 17, 2019, numerous stakeholders in the digital advertising industry, including publishers, advertisers/brands, AdTech companies, and law firms (including numerous representatives from BakerHostetler) convened at the Interactive Advertising Bureau’s (IAB) headquarters in New York for a preview of its CCPA Industry Compliance Framework. Throughout the course of 2019, IAB has solicited input from a … Continue Reading

Increased Scrutiny on Notice and Choice for Use of AD Profiling, Especially Using Mobile Location Data

By Taylor A. Bloom, Alan L. Friel and Niloufar Massachi on March 20, 2019 Posted in Advertising, Big Data, Marketing, Mobile Privacy

Are you an app publisher or do you advertise via mobile apps or obtain marketing data that originates from them? If so, you need to beware that regulators and consumer protection authorities are taking action against companies with regard to the notice and choice, or lack thereof, they are providing to consumers for the collection … Continue Reading

California Legislature Cracks Down on Advertising Bots Involved in Commercial Transactions and Influencing Voters in Elections

By Alan L. Friel and Zoe Steinberg on October 8, 2018 Posted in Advertising, State Legislation

Bot or real person? – a question most online users probably don’t ask themselves when interacting online or seeing how many followers a person has on a social media platform. Most likely, online users don’t know whether they are talking to a “bot,” especially if they think they are communicating on or browsing an interactive … Continue Reading

California Passes Groundbreaking Data Privacy Law Granting Consumers Expansive Privacy Rights

By Alan L. Friel and Niloufar Massachi on July 3, 2018 Posted in Advertising, Behavioral Advertising, CCPA, Marketing

California has passed an unprecedented privacy law that protects consumers’ rights by providing them with a greater degree of transparency and choice with respect to their personal information online. On June 28, 2018, Assembly Bill 375 was signed into law by Gov. Jerry Brown as the California Consumer Privacy Act of 2018 (CCPA) just hours … Continue Reading

California Legislative Effort to Avert Privacy Ballot Initiative a Race Against the Clock

By Alan L. Friel and Niloufar Massachi on June 26, 2018 Posted in Advertising, Behavioral Advertising, Online Privacy, Retail Industry, State Legislation

On Thursday, June 22, 2018, a previously dead California Assembly bill, AB 375, was revised as a proposed alternative to the ballot initiative known as the California Consumer Privacy Act of 2018 (CCPA),[1] which is expected to be on the November ballot. It was read a third time and amended on June 25 and re-referred to … Continue Reading

California Legislature Working Feverishly To Avert Privacy Ballot Initiative

By Alan L. Friel on June 22, 2018 Posted in Advertising, Behavioral Advertising, Online Privacy, Retail Industry, State Legislation

We have previously reported a ballot initiative known as the California Consumer Privacy Act of 2018 (“CCPA”), that is expected to be on the November ballot. If passed, it would make sweeping changes to consumer privacy protection rights for Californians, likely creating a new national standard. On June 21st, the California Assembly amended AB- 375, … Continue Reading

U.S. Senate Duo and California Ballot Initiative Propose to Radically Alter U.S. Consumer Internet Privacy and Upend Digital Advertising

By Alan L. Friel and Njeri Chasseau on April 19, 2018 Posted in Advertising, Internet of Things, Online Privacy

Amid growing concerns over the improper use of user information and data breaches, and in the same week as the Senate examines the Cambridge Analytica controversy, a duo of U.S. senators who have long advocated for federal consumer privacy legislation seized the moment to propose a bill that would give the Federal Trade Commission (FTC … Continue Reading

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

By Alan L. Friel and Melinda L. McLellan on March 19, 2018 Posted in Advertising, Marketing

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015 Order). We have previously explained the challenges created by the July 2015 Order here and here. On the whole, the unanimous 3-0 Decision offers some good … Continue Reading