Session #1: When It’s All Over but the Shouting: How to Identify and Avoid Ethical Pitfalls during Settlement Negotiations

11:00 a.m. – 12:00 p.m. ET

As more cases are resolved through settlement, it is important to understand how you can negotiate settlement without falling into an ethical quagmire. What can you say (or not say)

Combining the experience and thought leadership of Venable’s advertising law practice – one of the nation’s largest and highest ranked – with key insights from government and industry insiders, our renowned Advertising Law Symposium offers sessions designed to educate and enlighten. Attendees span both the legal and business worlds, and include clients and professionals working

The National Association of Attorneys General (NAAG) and the National Association of State Charity Officials (NASCO) convened for their 2016 Annual Conference in Washington, DC this week. The “Public Day” of the conference, held on Monday, October 16, provided an opportunity for nonprofit leaders, professional counselors and advisers, and academics to learn about “the evolving world of state charities regulation,” which was the theme of this year’s conference.

The public session included informative panel discussions on non-traditional models of philanthropy; regulation of donor-advised funds, endowments, and restricted gifts; top issues in corporate governance and the importance of nonprofit board education; new tools for the nonprofit sector; current trends in cybersecurity and how to handle data breaches; and the collaboration between the Federal Trade Commission (FTC) and regulators from all 50 states and the District of Columbia in the historic civil suit against four cancer charities in 2015. The final panel of the public session featured state attorneys general of the NAAG Charities Committee discussing how the regulation of charities has evolved over time and what to expect in the years to come.

Below are some highlights of the Public Day of the 2016 NAAG/NASCO Annual Conference: 
Continue Reading Highlights of the 2016 NAAG/NASCO Charity Regulators’ Annual Conference

Join Venable on October 27 for a half-day workshop in the firm’s Los Angeles office designed to make sense of recent enforcement actions involving social, influencer, and native campaigns. Venable’s Amy Ralph Mudge, Randy Shaheen, Melissa Steinman, and Po Yi will share best practices that in-house counsel and compliance personnel at brands,

It is no surprise that each year more advertisers are turning to bilingual and foreign language advertising to market their products. According to U.S. census data, over 55 million Americans speak a language other than English in the home. Spanish language advertising, in particular, has increased over the years, in response to the growth of the Spanish-speaking audience: Hispanics constituted 17 percent of the nation’s total population and had a current spending power of about $1.4 trillion as of 2014.

In light of these marketing and advertising trends, we thought it would be helpful to publish a quick list of tips to remember when disseminating an advertising message in a foreign language. 
Continue Reading How to Avoid #Translation Fails in Your Next Marketing Campaign

FTC Deputy Director Daniel Kaufman launched into his keynote address at this year’s BAA marketing law conference by comparing the modern digital marketplace to the most talked about TV series as of late: The Walking Dead.  He pointed out that the show has spawned active social media engagement and user generated content (#GlennIsAlive…or is he?), produced several apps, and at times blurred the line between content and advertisement by featuring sponsored products in its episodes.  As exciting as this digital revolution may be, however, Mr. Kaufman made clear that the fundamental principles of consumer protection still apply to today’s marketplace: tell the truth; prominently disclose any facts necessary to make sure your claims aren’t misleading; carefully consider whether your business decisions may result in any consumer harm; and don’t help others deceive or harm consumers.  These principles are timeless, stated Mr. Kaufman, and the FTC expects companies to abide by them across all of their business models, both old and new.

To keep pace with the digital revolution, Mr. Kaufman noted that the FTC has spent significant resources developing tools and bringing enforcement actions that address important concerns about emerging technologies, such as:


Continue Reading FTC Keynote at BAA Conference: Outpacing Zombies in Today’s Digital Marketplace

On Monday, September 21st the Federal Trade Commission (“FTC”) held a workshop entitled Homeopathic Medicine & Advertising (“workshop”). The workshop consisted of three panels: one discussing the homeopathic industry parameters generally, one discussing the science of homeopathic medicine, and the last discussing the legal and regulatory issues surrounding the marketing of homeopathic medicines. 
Continue Reading FTC Considers Advertising of Homeopathic Drugs

As we continue to blog from the NAD/CARU Annual Advertising Law Conference, there was big news about significant changes to the NAD challenge and review process, which will be reflected in changes to their existing procedures.  The changes arise from a review of the self-regulatory process and a resulting report done through the ABA Antitrust Section and its Consumer Protection and Alternative Disputes and Litigation Committees.  While the report overwhelmingly concluded that the NAD process generally works very well, there were some findings and recommendations for change.  A summary of the changes is below, and they are far more than modest tweaks to the process: 
Continue Reading NAD/NARB Rule Changes Announced at NAD Law Conference

Huddled in front of a digital hearth on the third and final morning of the NAD Annual Conference, FTC Commissioner Terrell McSweeny participated in a cozy fireside chat about children’s marketing with ASRC President and CEO, C. Lee Peeler. The newest FTC Commissioner reported (or warned!) that she is closely following the evolution of marketing