2012 ANA Conference - Gnu & Gnoteworthy

Learn what you need to know to stay on the cutting-edge of today’s regulatory and legal issues at the 2012 ANA Advertising Law & Public Policy Conference in Washington, D.C., March 28-29. Hear from two top regulators, FCC Chairman Julius Genachowski and FTC Commissioner Julie Brill; and a leading member of the judiciary, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit and a noted IP expert. Topics will include:

  • A session on FTC cases involving two major marketers – Dannon and Reebok – featuring both in-house and outside counsel representing both companies
  • The most recent news from Congress and the agencies
  • The future of the Internet after ICANN’s plan to open up the top-level domain space
  • What’s next in the online piracy fight post-SOPA/PIPA, and the future of online governance

Continuing Legal Education (CLE) credits will be available.

To view the agenda, please visit ANA’s website; and if you have questions, feel free to contact my partner, Douglas J. Wood, who is Co-Chairing the Conference, or me (Joseph I. Rosenbaum), or any Reed Smith attorney with whom you regularly work.
 

Whatz Gnu

Many thanks to the International Law Office (ILO) for publishing a derivative of our Legal Bytes article. You can download and read a personal copy of the ILO posting FTC Targets Ads That Target Kids, or you can read the original Legal Bytes blog posting at "Mom, is it OK for them to follow me?" FTC Targets Ads That Target Kids.

Who's Right on Privacy? Rosenbaum on Legal Bisnow.

You'll have to read the story to find out why Reed Smith's own Joseph I. ("Joe") Rosenbaum thinks that "Privacy is the elephant-sized rubber band ball in the room." Joe was recently interviewed by Jeff Gamsey, managing editor of Legal Bisnow, and is featured in yesterday’s lead story on Legal Bisnow entitled, "Who's Right on Privacy?"

Nightmare on Brand Street: ICANN Adopts Unlimited gTLDs

The International Corporation for Assigned Names and Numbers (ICANN) has approved the plan for unlimited new gTLDs (i.e., top level Internet domain names) and will soon start taking applications. Brand owners dreading the adoption of a system permitting unlimited gTLDs now face the reality of this dramatic change to the domain name system.

While the domain name system is currently limited to 22 "generic" gTLDs (.com, .org, .net, .info, .biz, etc.), country codes (e.g., .us, .uk, .cn), and certain special community-sponsored domains (e.g., the .xxx for adult entertainment), the new rules permit entities anywhere in the world to apply for and, if granted rights by ICANN, to operate a gTLD for virtually any term, word or phrase, including your names, trade names, trademark terms, brand and product names.

My partner, John L. Hines, has been following this occurrence and is about as close to these developments and their implications as any legal advisor can be; but we have a global team of lawyers – Douglas J. Wood, Cynthia O'Donoghue, Dr. Alexander R. Klett, LL.M., Steven J. Birt and Brad R. Newberg – who, with John, have put together a Client Alert entitled “.anything On Its Way: New Generic Top Level Domains Will Launch January 12”.

Of course, if you need additional information or guidance, or both, please contact any of them. They will be happy to help.

10th Annual SME Digital Forum - Rosenbaum Presentation

As we’ve done in the past, Legal Bytes is happy to post, in addition to charts and references and links to valuable sources of information, a copy of the presentation given by Joseph I. (“Joe”) Rosenbaum at the 10th Annual SME Digital Forum hosted by La Asociación de Ejecutivos de Ventas y Mercadeo de Puerto Rico (SME) (Association of Sales and Marketing Executives of Puerto Rico).

The presentation, in PDF format, can be read and downloaded right here, “Social and Mobile and Clouds, Oh My! The Brave New World of Marketing in the Digital Age,” with only the audio/visual clips and commercials having been omitted because of their file size. Of course, if you want further information about the presentation or any of the materials covered or referred to, please don’t hesitate to contact Joe directly at jrosenbaum@reedsmith.com.

Twitter Buys TweetDeck

Although unconfirmed directly, CNN and CNET are reporting that Twitter has acquired London-based TweetDeck for a reported $40 million. TweetDeck is a desktop application that uses Adobe Air and is attempting to create a user interface in columnar form to entice users to display and ostensibly manage their social media connections.

SME Puerto Rico Hosts the 10th SME Digital Forum

Joseph I. ("Joe") Rosenbaum has been invited to speak at the prestigious SME Digital Forum hosted by La Asociación de Ejecutivos de Ventas y Mercadeo de Puerto Rico (SME) (Association of Sales and Marketing Executives of Puerto Rico).

This 10th edition of the Forum will be held Wednesday, May 25, and includes the presentation of the "2011 SME Digital & Mobile Behavioral Study" and the "Digital SME Awards." From what we understand, this is the first time the Forum has been expanded to include concurrent seminars and lectures on topics such as legal, digital marketing and emerging trends. An honor to be invited; a privilege to attend; an exciting opportunity to learn and network with other professionals. See you there!

Deep Throat Gains Respectability in the Digital Age

Check out the International Law Office to see its authorized, customized article, “Investigative journalism enters the digital era”  of our prior blog posting, “Dear WikiLeaks, Here We Come. Sincerely, The Wall Street Journal.” Thanks, ILO!

Mobile Advertising & Marketing - Myths & Miffs

Thanks to the Digital Marketing Committee of the Association of National Advertisers for having me attend and give a presentation on mobile advertising and marketing yesterday. A copy of the presentation is available for your reading enjoyment right here: “Mobile Marketing or I Know Where You Will Be Next Summer & Other Mobile Marketing Myths.” (PDF)

The Tip of the Iceberg - 'Do Not Track' Kids Bill Proposed

After several months of anticipation, Rep. Ed Markey (D-Mass.) released his Kids "Do Not Track" discussion draft bill. At face value, this bill appears to have a narrow focus of online behavioral activities toward children, which we normally define under the Children's Online Privacy Protection Act ("COPPA") as any individual younger than 13. However, such is not the case. This bill would amend COPPA to expand some marketing provisions to teens under age 18, and may, in effect, require better age screens, given teen savvy (and their propensity to lie about their age).

If enacted, this bill has the potential to create complications when marketing to the crucial college age and young adult market as more sophisticated age screens will require all to enter information that they might not want to share online.

To read the entire Reed Smith Alert and find out more, just check out Rep. Markey Releases a Kids Do Not Track Discussion Draft Bill.

You've Got to Know When to Hold 'Em, Know When to Fold 'Em

Since 1996, Legal Bytes has regularly published bits and bytes at the intersection of law, technology and virtually every subject and industry one can imagine. Our publication has flourished, thanks in large measure to the wonderful support I have been given by colleagues and professionals who contribute everything from technical skills, proofreading, graphic design and, of course, keeping me honest. 

Just as important, you – my faithful and loyal readers – have enriched my life beyond measure. Some of you have sent in gifts – automobiles, furnished apartments, a house in Laguna Niguel, a Gulfstream IV, a small villa near Lake Como, a few Armani suits – nothing that has changed my life or been particularly monumental, but these tokens of appreciation have meant a lot to me. Special thanks to Justin Case for that fabulous two-week vacation in the Galapagos. 

As you probably can guess, the material rewards for blogging pale in comparison to the intellectual stimulation, the friendships and connections I've made with such great people (except for you Austin Tacious). So thank you. 

In case you haven't figured it out yet, this is the last blog post for Legal Bytes. We've decided to go out on a winning streak, and the awards we've accumulated along the way speak for themselves. "Best Blog of 2009 With the Word 'Bytes' in Green Letters," "Most Printed for Spare Pet Paper Liners in 2010," and who can forget 1999 when we won the "Party Like It's 1999 Award" from HRH Prince, who was formerly known as something but then changed his name back to Prince.

So thank you all again for being loyal readers. The end is not near, it's here.

FIRST, download this Legal Bytes Memorial Issue [PDF] as a keepsake. 

SECOND, Here is the missing link. Although I'm not sure why I always seem to find things in the last place I look, I have found the last link for you to follow.

The End

2011 ANA Law and Public Policy Conference - Don't Miss It

The Association of National Advertisers (ANA) is holding its annual Law and Public Policy Conference in Washington, D.C. The digital revolution is well underway and changing the legal landscape every day at lightning speed.  Keeping up is becoming a nearly impossible task.  The Seventh Annual ANA Advertising Law and Public Policy Conference, co-chaired by Reed Smith partner and ANA General Counsel, Doug Wood, and the ANA’s Executive Vice President for Government Relations, Dan Jaffe, enters the battlefield by putting together a stellar faculty, including leading regulators, top practitioners, and serious critics, capped off by a session that puts it all together, led by a leading law professor.  The new world started with everything becoming an "e" – e-mail, e-commerce, e-this, e-that.  And then came wiki -- Hawaiian for speed.  Enter Wikipedia, wiki-news, wiki-this, wiki-that.  Welcome to the new world of wiki-lawyers.

Continuing Legal Education (CLE) credits will be provided.  What are you waiting for?

When

Tuesday, March 15, 2011, at 7:30 a.m., through Wednesday, March 16, 2011, at 5:00 p.m.

Where

Park Hyatt Washington, D.C.
24th & M Streets, NW
Washington, D.C.

Get more information & REGISTER.

Advertisements going Mobile - something new or just the matrix reloaded?

Wow! I thought I was cool playing "Going Mobile" by The Who (from their album – remember albums? - Who's Next, released in the United States August 14, 1971) to introduce my presentation about the legal implications of mobile advertising and mobile marketing (see Advertising on the Go - Mobile Marketing or Mobile Mayhem).

But I tip my hat to you Legal Bytes readers. You are on the ball. After blogging about the presentation, a friend and avid Legal Bytes reader reminded me of an article I wrote in 2005, published in the New York Law Journal Magazine, entitled "Transformed", in which I stated: "No longer tied to desks or offices located in centers of commerce and society, we carry our electronic tool boxes with us wherever we go. We have pagers, cell phones and wireless PDAs with names like Treo™ and the BlackBerry® . . . whose addictive qualities . . . (make us refer to them) as 'crack' berries! We carry them with us into restaurants, Broadway shows, buses and even bathrooms."

Wow, déjà vu all over again (with respect to Yogi Berra). Can you make it through the day without your BlackBerry or your Smartphone (we didn't call them that in 2005)? What's the first device you look at in the morning? What about before going to bed? Now I can even access Legal Bytes with a scan using my mobile. Wow!!

I am reminded of one of my favorite quotes from George Santayana, Spanish American philosopher (perhaps most remembered for his remark, "Those who cannot remember the past are condemned to repeat it"). My personal favorite quote of his is, "We must welcome the future, remembering that soon it will be the past; and we must respect the past, remembering that once it was all that was humanly possible." (The Philosophy of George Santayana, Northwestern University Press, 1940, p. 560). Oh, and if you actually like The Who, you can listen to Going Mobile:

 

 

Indeed. Déjà vu all over again!

Advertising on the Go - Mobile Marketing or Mobile Mayhem

February 9, 2011—one day before the Association of National Advertisers held its TV & Everything Video Forum—Joseph I. (“Joe”) Rosenbaum had the privilege of presenting a pre-conference legal educational seminar at the New York offices of Reed Smith. Joe’s presentation, in PDF format, is available for your personal viewing right here: “Mobile Advertising, or I Know Where You Will Be Next Summer & Other Mobile Marketing Myths”.

You won’t be able to see the embedded videos – if you want to see those or any other presentations Joe and the Advertising Technology & Media practice has presented over the years, or if you want to arrange a customized presentation on any or all things ATM-related, contact Joe at jrosenbaum@reedsmith.com.

Social Media & the Party of We: The Empire Strikes Back

Last week, Legal Bytes posted reference to an opinion piece written by my Reed Smith partner and colleague, Douglas J. Wood, describing the creation of the ‘party of We’ as a byproduct of social media and its enabling technology (See Social Media Revolution - The Party of We). Not one to rest on his laurels, Doug has followed it up with a new article, published last Friday on Law.com, entitled, Let My People Go ... Online! The Party of We and People Power. Change is in the air, and these insights should not be missed.

Social Media Revolution - The Party of We

Think social media is a fad? Think Common Sense or the Federalist Papers were just articles and bits of information? Wonder if broadcast television and radio – access to information – contributed to the demise of the Berlin Wall (that, and of course, Pink Floyd)? Well hearken ye well, citizens of the planet. Check out the editorial by my Reed Smith partner and colleague, Douglas J. Wood, entitled, WikiLeaks Lessons: The Party of We — Already in Control and buckle up. The revolution has just begun.

Bots, Gaming and Copyright Law - International Law Office

Brad Newberg, in Reed Smith's Virginia office, has authored a brief, insightful analysis of the copyright implications arising from the use of "bots" in gaming. Published in Legal Bytes initially, it has now (January 20, 2011) been published by the Media & Entertainment – USA newsletter of the International Law Office (ILO), written exclusively by Reed Smith lawyers and edited by Joe Rosenbaum, with the support of ILO.

This is a timely and important note, and you can read it either by using the link Bots in Game Play Questionable Under Copyright Law, or by downloading a personal copy for reading any time here: Copyright - Bots and Game (PDF). Of course, if you have questions or need help or more information, feel fee to contact Brad Newberg directly.

Digital Media - Recent IP Developments and More

On Thursday, February 10, 2011, Reed Smith’s own Emily Kirsch and Brad Newberg will be presenting a seminar entitled: Practical Implications of Recent Developments in Digital Media. The seminar will provide practical, real-world guidance to content owners and users, ISPs – actually, any enterprise with a website and content (that’s all of you, right?), speaking about the rapidly developing law of rights, responsibilities and liabilities arising from activity on the Internet:

  • Recent developments in safe harbor under the Digital Millennium Copyright Act
  • Copyright fair use and the Internet
  • Keyword search advertising
  • Morphing of trademark uses – what’s fair and what’s not – from metatags to invisible text

This CLE/CPD-eligible course (2.0 credits; Practice Skills and Knowledge) is available for attorneys (experienced and transitional) admitted in New York, New Jersey, Pennsylvania, California and Illinois, as well as in the UK. Those of you licensed in Delaware and Virginia, we can apply for you if needed – let us know. This course will only be presented LIVE in our New York office at 4 p.m., February 10; and since it will not be broadcast in either audio or video, you will need to be present to attend and get credit. 

Of course, a reception for the attendees will follow the course. How good is that – wisdom, credit and munchies! So if you are a client of the firm (or are willing to become one) and you want to register, don’t call me. Contact Anna Farhadian by email at afarhadian@reedsmith.com or by telephone at +1 212 702 1399. 

If you would prefer to register directly, just select this REGISTER link to be taken to the registration page. See you there!

Mobile Marketing & Privacy - Gnus from DataGuidance

In connection with an announcement by the Mobile Marketing Association, Joe Rosenbaum was interviewed by London-based, Rita Di Antonio, Journalist and Editor of DataGuidance (and Managing Editor of Data Protection Law & Policy), a publication of Cecile Park Publishing Ltd. You can read the article online “MMA to discuss 'comprehensive mobile privacy guidelines' during January forum”, or download your own copy in PDF Format.

In My Humble Opinion - IMHO or I.M.H.O. or even IMO

Happy New Year! We are inaugurating a new feature of Legal Bytes—a category of blog postings entitled “In My Humble Opinion,” or IMHO for short. The first such posting will be up momentarily, but here’s what to expect.

Every once in a while a legal issue or something trending in the legal world catches our fancy. Perhaps it’s not an event or a decision or an article, but just a growing sense something is happening.

In our endeavor to not just report on news or noteworthy occurrences, and in our attempt to enlighten as well as inform—these pieces are intended to stimulate your thinking and share some of mine. I might produce two in a week or none for a month—I don’t know. It’s part of my own evolution as editor, publisher and chief bottle washer for Legal Bytes—but it’s worth a try.

As always, even though we don’t provide for interactive dialog or chat on this blog, I do read every piece of email (can you actually have a piece of email, or do I digest every electron?), and I do value your comments and feedback.

Buckle up folks. Another ride is coming your way. Let me know what you think of IMHO as it unfolds. Thanks for reading.

Looking Ahead to 2011: If Brevity Be the Soul of Wit

A line recited by Polonius in Shakespeare's Hamlet (1602) comes to mind today. It's the phrase "since brevity is the soul of wit . . . I will be brief." FYI, Polonius is a windbag in the play. There is also another phrase, often wrongfully attributed to Franz Kafka, that goes something like "lawyers are the only creatures that can write 1000 pages and call it a brief."

Well, here we are at the end of 2010. Those of you who have been reading faithfully know that each year, I create a Legal Bytes piece with no hypertext links to distract you; no citations; no dazzling factoids; and no breaking news stories. This time, I've decided to do something different. I am going to be brief. Instead of philosophy or predictions, I'm going to give you 10 words I believe may stimulate YOUR thinking about 2011. That's it. I trust you. Most of you are sharper than I anyway.

You don't have to buckle up or fasten your seat belts. Pull up a chair, open your BlackBerry, Kindle, Droid, iPhone, PC, Laptop, Netbook, Web-TV, PDA, Tablet or whatever your favorite Legal Bytes' reading device might be; grab an espresso, a glass of tea (or whatever your liquid of choice might be); sit back and enjoy. Here goes:

  1. Mobile
  2. Behavior
  3. Privacy
  4. Social
  5. Cloud
  6. Neutrality
  7. Monetize
  8. Consolidate
  9. Engagement
  10. Global

That's it. Oh, there is another word – profile – but that's the subject of my first Legal Bytes blog for 2011. You will just have to come back for it!

 

Happy Holidays and Best Wishes for 2011!

Change May or May Not Be Good, But It's Always Difficult

Our Light Byte yesterday was from the 28th President of the United States, Woodrow Wilson, talking about the difficulty of change – something I suspect we have all heard and felt ourselves. Lest you think the subject and issue is a new one, here's a quote from Niccolo Machiavelli (1469 - 1527) that may make you pause a minute and recognize that "change" is a subject that has been around for a while. He noted:

It must be remembered that there is nothing more difficult to plan, more doubtful of success, nor more dangerous to manage than the creation of a new system. For the initiator has the enmity of all who would profit by the preservation of the old institutions and merely lukewarm defenders of those who would gain by the new ones.

 

Pardon Me, Your Name is Showing (Perception or Reality?)

Before we moved online to a blog format, from 1996 through the end of 2008, Legal Bytes was published as a one-page, monthly newsletter. But even then we had Useless But Compelling Facts, a feature our readers tell us they like! That said, the threads of continuity continue to haunt us. Witness the following:

In March 2004, the Useless But Compelling Fact question asked how “The Doors” got its name. The answer was that Jim Morrison decided to call his band The Doors after reading The Doors of Perception (1954), a novel written by Aldous Huxley about his use of hallucinogens. Huxley was made famous by his 1932 novel, Brave New World.

Although Legal Bytes was not yet a blog back in 2008, we have digitized and uploaded Legal Bytes material from as far back as 2004! Why is this relevant? Because in 2008, Legal Bytes published a short article entitled "The Doors of Perception Can Sometimes Lead to Harsh Reality," about a false advertising case involving the use of Jim Morrison’s name, likeness or other distinctive characteristics, in advertising by a concert band that included two former members of the original The Doors. Now it seems that Jim Morrison’s fans, followers, administrative agencies and regulators continue to seem intent on protecting and restoring Mr. Morrison’s good name.

There is a joke that goes something like, “if you remember the 1960s, you probably weren’t there.” For those of you who do recall, you will remember Mr. Morrison was convicted of profanity and indecent exposure stemming from allegations he exposed himself during a concert at the Dinner Key Auditorium in Miami in 1969. At the time of his trial, other band members insisted he never actually exposed himself, but fans offered conflicting versions of what happened and he was ultimately convicted. That conviction was being appealed by Mr. Morrison at the time of his death in Paris in 1971.

Well a few days ago—more than 40 years from his conviction and at the request of outgoing Florida Governor Charlie Crist—the Clemency Board in Florida unanimously voted to pardon Mr. Morrison (posthumously) for his conviction. Rest in peace.

Advertising Across the Pond - In Case You Missed It

In case you missed Reed Smith’s Columbus Day seminar, presented by Reed Smith partner Marina Palomba, you can read and download a copy of the presentation right here: "A Global View on Advertising Law from the Other Side of the Pond." The presentation covered four main areas: green claims, on-line behavioural and location-based advertising, the extension of self regulation of advertising to promotional messages on the Internet, and ambush marketing and the 2012 Olympics. Need to know more? Want to appreciate how regulation and the legal framework apply to any or all of these areas in your business? Feel free to contact Marina Palomba directly or the Reed Smith lawyer with whom you regularly work.

Mid-Term Elections 2010 - Internet Privacy Implications

Reed Smith attorneys Judith (“Judy”) Harris and Amy Mushahwar were recently interviewed by The Washington Post about the 2010 mid-term election results and how the results might affect the legislative agenda and policy-making in Congress with respect to Internet privacy. Judy and Amy also explain what to expect over the next few years in terms of internet privacy trends and legislation. 

Advertising Across the Pond - Don't Miss This

If you haven’t already, please register for "A Global View on Advertising Law from the Other Side of the Pond" presented by Reed Smith partner Marina Palomba with an introduction from Doug Wood. Don’t miss this exciting and timely presentation. Follow this link to obtain more information and register: http://guest.cvent.com/d/vdqvn3/4W.

You won’t want to lose the opportunity to gain valuable insights; besides, if the economy continues to deflate the U.S. dollar and inflate the value of British Pound Sterling, Marina has intimated that the United Kingdom may attempt to simply buy the United States and make it a colony again.

Hope to see you at the seminar.

Viacom Appeals YouTube Copyright Ruling

The U.S. Media & Entertainment Newsletter of the International Law Office (ILO) has published an adaptation of the original Legal Bytes posting by Joseph I. (“Joe”) Rosenbaum discussing the appeal by Viacom of the ruling in favor of YouTube and Google in the billion-dollar case brought by Viacom. You can download or view a copy of the ILO publication, "Viacom appeals Google/YouTube ruling", and you can view the original Legal Bytes posting, Viacom Appeals Google/YouTube Ruling.

What Every Litigant Should Know About Social Media Channels

On September 8, 2010, from 12 p.m. to 2 p.m. (ET), Joseph I. ("Joe") Rosenbaum will be presenting on social media for a web cast entitled "What Every Litigant Should Know About Social Media Channels: Their Impact on Discovery and at Trial." 

This program will address social media channels from several key perspectives for litigants: (1) understanding what social media channels are and what information they contain; (2) how social media channels figure in the discovery process, as to the preservation, collection and production of the information they contain; (3) what courts have held regarding the admissibility of evidence from social media sites at trial; and (4) what types of policies and procedures organizations should adopt around social media tools. As part of the overall presentation, Joe's discussion will center around understanding the distinctions that online social media present, looking at the issues of social media in the judicial process (e.g., can judges have "friends"?), and corporate policies designed to guide employees and prevent litigation disasters before they occur.

The Knowledge Congress is producing the event and Reed Smith has secured a special discount of $50 off the registration fee for this program. Click to Register and enter code mith6874 for your discount.

Social Media in Action - International Law Office

On June 24, 2010, the Media & Entertainment – USA newsletter published for the International Law Office (ILO) exclusively by Reed Smith, highlighted an article authored by Douglas J. Wood, Stacy K. Marcus and Anthony S. Traymore, entitled “Social Media in action in advertising and marketing (.PDF).”  If you want to read or download the entire Social Media white paper released by Reed Smith's Social Media Task Force, go to the Social & Digital Media White Paper section on Legal Bytes.

Rosenbaum Quoted in Financier Worldwide

Joseph I. (“Joe”) Rosenbaum was quoted in a recent article in the online version of Financier Worldwide entitled, "US Entertainment & Media Sector – Moving With The Times". This article will also be published in the forthcoming hard-copy issue of Financier Worldwide magazine. Financier Worldwide is a leading publisher of news and analysis on the global corporate finance marketplace, recognized as a leading source of intelligence to the corporate deal-making community.

Tension Between Privacy and Digital Behavioral Marketing

A few days ago (April 21, 2010), Joe Rosenbaum made a presentation to the Entertainment & Media Law Committee of the eMIPS Section of the New York County Lawyers Association. The presentation described the legal issues and implications arising from the tension between consumer privacy and online and digital behavioral marketing—a hot topic and an area that continues to spark debate and continues to evolve, as technology persists in being an enabler of greater functionality. You can view or download a .PDF of the presentation right here: Privacy Issues in Online & Wireless Advertising & Entertainment: Brave New World or 1984?

Political Advertising

An article, written by Marina Palomba, former Legal Director of the Institute of Practitioners in Advertising, and now a partner in the London office of Reed Smith focusing on advertising law and regulation, has just been published and makes both informative and great reading. First published in Media Lawyer April 13, 2010, the article reviews just how far political ads can go. Read the entire article entitled, Political Advertising – Legal, Decent, Honest and Truthful?, and if you need legal guidance or representation, don’t hesitate to contact Marina Palomba in our London office.

Update: Virtual Worlds Governance Conference

In his remarks at the Virtual Worlds Governance Conference described previously, Joe Rosenbaum used examples of how digital content taken from real world material, as well as samples that have been merged with user generated content or imported from digital online gaming or entertainment environments, can create problems and potential legal issues that make it difficult for brand owners, celebrities and even the average consumer to not only protect content, but also to determine which laws or contractual agreements are effective and, significantly, enforceable. You can see or download a copy of the slides prepared for this educational event that took place in both real life and Second Life, by clicking "Joe Rosenbaum's Virtual World Governance Presentation Slides." If you want to know more or need legal counsel or support in virtual worlds, online gaming, digital entertainment and rights of privacy and publicity, don't hesitate to contact Joe directly.

What in the World! Wait a Minute. Which World? Find Out On March 26th.

On March 26, 2010, the Center for Law, Science and Innovation at the Sandra Day O'Connor College of Law at Arizona State University and World2Worlds, Inc., will present “Governance of Virtual Worlds,” a conference held live in the Great Hall at the Sandra Day O'Connor College of Law at Arizona State University and in Second Life™.  For many, an opportunity to save on travel time, cost and carbon emissions.  Audience participation will be facilitated virtually within Second Life, live in the Great Hall at ASU and via a chat-bridge. So you can attend in person and live at The Great Hall of the Sandra Day O'Connor College of Law at Arizona State University, on the web via video and interactive text-chat, or by avatar in the immersive virtual world of Second Life.

Joseph I. (“Joe”) Rosenbaum, Reed Smith partner and Chair of its Advertising Technology & Media Law practice and an Advisory Board Member of the College of Law, is among the panelists participating. The conference will bring together, physically and virtually, a program of experts from academia, legal practice, corporations, governments, and online communities, to present a broad panorama of the state of governance of virtual worlds. 

National and international participation is encouraged and the conference will begin at ASU at 8:00 a.m. PDT (11:00 a.m. EDT), but for those brave virtual warriors there will be a reception starting at 7:00 a.m. Mountain Standard (Phoenix) Time – one hour before the formal conference begins.  If you wish to attend and/or share this invitation with others, here is a:

Online Endorsements, Testimonials and Reviews Fake? Really?

Online ratings got you perplexed? Seems like someone forgot to put "user ratings" on the list of reality shows. Well maybe, just maybe, those user ratings aren’t really "user" or "ratings" at all. What should you consider?

Well, on October 23, 2009, Joe Rosenbaum was interviewed by Sally Herships for Marketplace Money, a regular feature of Public Radio. If you missed it on the air, you can now listen to the audio, read a transcript of the interview, download an MP3, or subscribe to the podcast, by checking out the interview at: "Don't let online reviews fake you out."

Legal implications abound—for website operators and ratings' services that enable users to post reviews and content, as well as for anyone posting fake reviews or failing to disclose a material connection to the advertiser, its brands or products. So go listen and then come back if and when you need legal support. Contact Joe Rosenbaum, or the Reed Smith attorney with whom you regularly work.

Déjà vu All Over Again: Online Behavioral Advertising

Just catching up with continuing efforts to educate the legal community on the implications of digital behavioral advertising and the importance of the industry self-regulatory efforts, as well as the dangers of legislation and regulation arising from insufficient or inaccurate information. In November of last year, Cyberspace Lawyer [Volume 14, Issue 10; November 2009], published "Advertising Industry Collaboration Releases Self-Regulatory Online Behavioral Advertising Principles," written by Joseph I. Rosenbaum.

The article follows the release, by the major advertising industry associations, of Self-Regulatory Principles for Online Behavioral Advertising, and Legal Bytes had numerous blog postings summarizing the individual principles, as well as an overview (see Self-Regulatory Online Behavioral Advertising Principle No. 7: Accountability that will link you to the others; or simply search "social media" in the keyword search box in the navigation column on the left side of the web page). The Cyberspace Lawyer article consolidates and integrates these summaries into a single article that you can read in that issue, or you can download the article here: "Advertising Industry Collaboration Releases Self-Regulatory Online Behavioral Advertising Principles" [PDF].

Joe Rosenbaum, who edits and publishes Legal Bytes, is general counsel of the Interactive Advertising Bureau (IAB), one of the major industry associations that participated in the development and release of the actual principles. Behavioral advertising can be viewed as another aspect of the social media phenomenon sweeping the digital world, and if you want (or need) to know more, you should know that Reed Smith's Advertising Technology & Media Law Group can help with integrated experience and legal skills, both nationally and internationally. Let us know if we can help you.

Are There Clouds in Your Future?

Check out MediaPost’s SearchBlog yesterday (A Dream Cloud Computes The Future), which recounts the conversation Joe Rosenbaum had with reporter and blogger Laurie Sullivan about the future of cloud computing. Need to know more about the legal implications and issues? Call Joseph I. (“Joe”) Rosenbaum or the Reed Smith attorney with whom you regularly work.

Social Media Could Get You Fired? Really? Well, Yes. Really.

If you aren’t careful, social media can hurt in the workplace, too. While recruiters, college and university admissions counselors, and many others have used profiles, postings, YouTube videos, and other social media platforms to gather information about candidates and prospects—corporations that are now increasingly monitoring their own presence, mentions, and brands in social media are discovering that employees—at work and outside the workplace—can be outstanding goodwill ambassadors, or may be saying a bit too much. In an interview with Laurie Sullivan, reporting in MediaPost News, Online Media Daily describes how Twitter And Facebook Could Get You Fired—because the same rules apply online as offline, but online are magnified by technology. Read the article, and when your company needs to develop a policy or understand how to optimize the benefits and minimize the legal risks, call me, Joe Rosenbaum; or Douglas J. Wood or Stacy Marcus, key lawyers in our Social Media Task Force; or any of the Reed Smith lawyers with whom you regularly work.

Rosenbaum on CNNMoney.com

Joe Rosenbaum was featured on CNNMoney.com in the Small Business section in connection with a question about an individual cardholder’s liability for business-related charges on a business/corporate card issued while the individual was an employee.

For the answer, you’ll have to read the entire blog post on CNNMoney Small Business Q&A. Of course you can always contact Joe for the answer.
 

2010 ANA Advertising Law & Public Policy Conference

Join top legal professionals and government regulators March 17-18, 2010 in Washington, D.C., at the 2010 Annual ANA Advertising Law & Public Policy Conference, where you will hear from Jon Leibowitz, Chairman of the FTC and Doug Gansler, Maryland attorney general, as well as leading legal experts both from law firms and client-side marketers.

Connect with key industry leaders and policymakers as we discuss the most volatile and fast-moving legal and political environment for advertising and marketing in decades. Learn about the new regulations, legislation and major court cases that are fundamentally changing the business environment, and how you can keep up!

For the full agenda and to register, go to http://www.ana.net/adlaw2010.

Happy New Year Wishes for 2010

Wishing you health, happiness, prosperity and peace in 2010

In a tradition that started almost 4,000 years ago by the ancient Babylonians – although they celebrated the new year upon seeing the first new moon after the vernal equinox – please enjoy a very happy, safe and joyous new year celebration.  Those of you who look forward to Useless But Compelling Facts can read more about the history of new year celebrations, or how the new year’s festivities, now televised around the world, began in New York’s Times Square.

New Year's Greetings
 
This is the first year we have published in a blog format, and with your feedback – mostly positive and always constructive – and more than 17,000 visitors in slightly less than 11 months, I am grateful and appreciative for your support.  Thank you for reading Legal Bytes.

Joe Rosenbaum

Legal Predictions for 2010 - Ad Age Book Of Tens

As it does every year at this time, Advertising Age has again published its Book of Tens. For as long as I can recall, that has included an amazingly prescient set of legal prediction ‘Tens’ from my partner, Douglas J. Wood, and this year is no different.

Go. Look. Read. Recall last year’s. Save this one for December 2010. It’s amazing how good his track record is . . . but then, if you know him, that shouldn’t surprise you. But some of his predictions this year, just might: Book of Tens: Legal Predictions for 2010.

You can contact Douglas J. Wood directly to tell him how ‘on target’ he is, or you can contact me, Joseph I. Rosenbaum, or any of the Reed Smith attorneys with whom you regularly work if you need more information or help in areas related to advertising, media, technology and entertainment. We are here to help.

Join Us for Cookies - It's the Social (Media) Thing to Do

Just a reminder that space is filling up, so if you want to join us for any of the three West Coast social media law seminars please use the registration link below to sign up. Joseph I. (“Joe”) Rosenbaum and Anthony Traymore from the Advertising Technology & Media Group in New York and local Reed Smith lawyers in each office will present: "Social Media: It’s 10:00 p.m. Do You Know Where Your Brand Is?"

Can’t attend?  If you are a client, we can do a customized in-house seminar for your legal department, executive management, marketing or other professionals. Not a client, perhaps you should be.  Interested? Contact Joe Rosenbaum.

Joe Rosenbaum - A Busy Week (Lexblog & American Banker)

Joseph I. ("Joe") Rosenbaum had a busy week. In an interview with the editors of Lexblog, Joe tells Lexblog why blogging on Legal Bytes is both fun and informative. You can read the entire interview on the Lexblog page "Real Lawyers Have Blogs".

Joe was also quoted in an article by Maria Aspan in the American Banker, about the announcement by American Express that it was acquiring Revolution Money - part of Amex' efforts to continue to evolve and provide a broader (and increasingly relevant online and digital) range of payment options for consumers and merchants. If you are interested, feel free to read Maria’s entire story, "Amex Tries to Buy a 'Revolution'".

Social Media: It's 10 p.m. Do You Know Where Your Brand Is?

Did you miss our New York seminar on Social Media? Well now you can catch us in California. Three of Reed Smith's offices in California will be hosting a seminar on social media, where Joseph I. ("Joe") Rosenbaum and Anthony Traymore from the Advertising Technology & Media Group in New York, and local Reed Smith lawyers in each office, will present:

"Social Media: It's 10 p.m. Do You Know Where Your Brand Is?"

Tweets, profiles, avatars, blogs, chats, friend requests, user-generated content, personalized pages, customized URLs—keeping up with social media is daunting. Social media continues to change the rules of engagement, and for companies, brands, marketing professionals and their legal advisors, engagement is now the rule. Just as economic and advertising models for whole industries are changing to take advantage of social media, industries must confront new and unprecedented legal risks in this brave new world of engagement—a world where lawmakers, regulators and courts are struggling to figure it out. Legal risks and challenges abound; so does opportunity—for brands who know before they go!

Reed Smith LLP is a State Bar of California-approved MCLE provider, and this course qualifies for 1.5 general MCLE Credit. The presentations will highlight:

  • Best practices for corporate engagement in social media
  • How to approach workplace policies
  • The current and potential legal landscape evolving around social media platforms
  • Case studies—social media successes and failures
  • Highlights of our "white paper": A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon, recently released by the Reed Smith Social Media Task Force
  • And much more

Because of the high level interest received, we will be conducting the seminar in three of our California offices.

1.  Reed Smith's San Francisco Office

Tuesday, December 8, 2009

Registration & Breakfast: 8:30 a.m.; Program: 9:00 – 10:30 a.m.

2.  Reed Smith's Silicon Valley (Palo Alto) Office

Tuesday, December 8, 2009

Registration & Lunch: 12:30 p.m.; Program: 1:00 – 2:30 p.m.

3.  Reed Smith's Century City (Los Angeles) Office

Wednesday, December 9, 2009

Registration & Breakfast: 8:30 a.m.; Program: 9:00 – 10:30 a.m.

We hope you will attend, and we encourage you to share this invitation with others. For your convenience, here is a link to the invitation & registration page for these sessions.

Federal Reserve Board Has a Free Gift (Card) For You

Remember when Legal Bytes posted that little note about gift cards now being part of the Credit Card Accountability Responsibility and Disclosure Act of 2009, for the first time formally bringing gift cards under federal regulation? Remember we told you that as part of the process, “by July 2010, the Federal Reserve Board is to have crafted and approved new rules covering consumer disclosures (i.e., advertising, application forms, etc.)”?

Well today, the Federal Reserve Board announced proposed rules that would restrict gift card fees, limit expiration dates to a minimum of five years (after issuance or the last time funds were loaded), and prohibit dormancy, inactivity, and service fees, unless it was limited to once per month, the consumer was notified, and the inactivity has lasted for at least one year.

The FRB has been busy around Regulation E (EFT). Last week, the FRB announced its Final Rule surrounding ATM and one-time debit card overdrafts (See “The Fed Notices an Overdraft – Decides to Close the ATM Window”, posted on Legal Bytes earlier today). These regulations are also promulgated under Regulation E, and although the proposed rules have not yet been published in the Federal Register (expected soon), you can download a copy here: Federal Register – Gift Card Rulemaking Notice.

Collection and Use of Consumer Information - Congress is Listening

Congress is listening—why do you think they are called "hearings"? But will your voice be heard? The U.S. House of Representatives' Subcommittee on Commerce, Trade and Consumer Protection, and the Subcommittee on Communications, Technology and the Internet, will hold a joint hearing on "Exploring the Offline and Online Collection and Use of Consumer Information" Thursday, Nov. 19, 2009. If you or your representatives aren't in the room, you can't be part of the conversation and you won't be heard. If you can't make it, but you want to listen, or be heard, or both—let me (Joe Rosenbaum), or any Reed Smith attorney with whom you regularly work, know.

Reading Legal Bytes Archives is Like a Box of Chocolates

If you think of Legal Bytes only as a "blog," you are missing at least half the value. While we always try to bring you timely and enlightening insights at the intersection of advertising, technology, and media, and we will continue to do so, there is so much more. There is a treasure trove of searchable material available in our archives.

Joseph I. ("Joe") Rosenbaum has been publishing Legal Bytes since 1996, but we've only been able to archive and post in digital form the more recent Reed Smith issues, free for you to search and explore. By category, metatag or date, all the way back to January 2004, you can search for articles and materials of interest. Of course, if you are stuck and can’t find what you are looking for, or if you wonder if we've ever done an article about "X," just send an e-mail to yours truly, the Editor-in-Chief, Publisher and Chief Bottle Washer, Joseph I. Rosenbaum, and ask. If we have, I'll find it for you. If we haven't, maybe we'll write one!

Rosenbaum Quoted in American Banker

Joseph I. (“Joe”) Rosenbaum was recently interviewed by American Banker reporter Maria Aspan in connection with advertising and marketing consumer credit cards, and certain legal implications in brand marketing and advertising, including some of the more subtle viral and social media campaigns. Joe’s quotes appear in an article by Ms. Aspan entitled, "Barclaycard U.S. Taking Baby Steps in the Public Eye".

Did You Miss our Legal Seminar for Publishers? No Worries.

Even if you missed the educational webinar—held Oct. 23, 2009; sponsored by the Long Tail Alliance Program of the Interactive Advertising Bureau (IAB); and presented by Joseph I. (“Joe”) Rosenbaum, partner at Reed Smith and general counsel of the IAB, and Adam Snukal, senior associate at Reed Smith—you're in luck. A PDF copy of the seminar, which covered many current legal issues in advertising compliance, privacy, and social media, can be downloaded right here: What Me Worry? Legal Best Practices for Small Publishers.

We’ve been told the Interactive Advertising Bureau will be posting a video recording of the webinar, so you can watch a replay of the entire broadcast, if you like, at your convenience. We will provide details once we receive them.

IAB Long Tail Alliance: Join The Legal Briefing from Reed Smith

Just a reminder that this coming Friday, October 23, 2009, from 12 – 1 p.m. (Eastern US Time), Joseph I. (“Joe”) Rosenbaum, partner at Reed Smith and general counsel of the IAB, assisted by Adam Snukal, senior associate at Reed Smith, will be presenting an educational webinar, sponsored by the Long Tail Alliance Program of the Interactive Advertising Bureau (IAB). The title is: What, Me Worry? Legal Best Practices for Small Publishers

The webinar will provide an overview of the legal issues and suggested best practices in the following areas:

Advertising Compliance ** Privacy ** Social Media

There will be a Q&A session as time permits at the end of the session, and a .PDF copy will be available on Legal Bytes after the seminar is over.

The webinar is open not only to IAB members and Reed Smith clients, but also to anyone who is interested - on a first-come, first-served basis. So register now. You can get more information and register right here for What, Me Worry? Legal Best Practices for Small Publishers. 

About the Long Tail Alliance Program

The IAB formed the Long Tail Alliance program in summer 2008 to encourage involvement with individuals and small business who, powered by interactive advertising, have turned their interests and passions into a media revolution. The Alliance is the beginning of something the IAB envisions as a much larger portrait of American entrepreneurs who are pursuing and achieving the American dream, even as they row hard against strong economic currents. The IAB hopes to expand its Long Tail Membership in order to encourage advocacy, training, and a coming-together of smaller publishers across America as their businesses grow, all while the dynamic of technology and media continues to change.

For more information, click here: http://iamthelongtail.com/707346

About the IAB

The Interactive Advertising Bureau is comprised of more than 375 leading media and technology companies who are responsible for selling 86 percent of online advertising in the United States. On behalf of its members, the IAB is dedicated to the growth of the interactive advertising marketplace, of interactive's share of total marketing spend, and of its members' share of total marketing spend. The IAB educates marketers, agencies, media companies and the wider business community about the value of interactive advertising. Working with its member companies, the IAB evaluates and recommends standards and practices, and fields critical research on interactive advertising. Founded in 1996, the IAB is headquartered in New York City, with a Public Policy office in Washington, D.C.

About Reed Smith

Reed Smith is a global, full-service law firm with nearly 1600 lawyers in 23 offices around the world. Joseph I. (“Joe”) Rosenbaum, a partner in the New York office, chairs the firm’s global Advertising Technology & Media law practice, is the editor and publisher of Legal Bytes, is Corporate Secretary & General Counsel to the IAB, and is an ex-officio member of the IAB Board. Adam Snukal is a senior associate who works with Joe in the Advertising Technology & Media law group and is editor of Adlaw by Request, the gold standard in advertising legal publications in the industry.

Join us for this exciting and timely IAB Long Tail Alliance webinar presented by Reed Smith. We look forward to your participation.

What Me Worry? Don't Get Mad, Get Informed!

On Friday, October 23, 2009, from 12 – 1 p.m. (Eastern U.S. Time), Joseph I. (“Joe”) Rosenbaum, Partner at Reed Smith and General Counsel of the IAB, assisted by Adam Snukal, Senior Associate at Reed Smith, will be presenting an educational webinar, sponsored by the Long Tail Alliance Program of the Interactive Advertising Bureau (IAB), entitled: What Me Worry? Legal Best Practices for Small Publishers.

The webinar will provide an overview of the legal issues and suggested best practices in the following areas:

Trademarks: Buying someone else’s key words? Displaying advertising? Sponsoring or hosting contests, sweepstakes, co-branded promotions? Using social media or virtual worlds? Trademarks are everywhere. When should you worry?

Compliance: What’s new at the FTC and FCC? Industry groups want self-regulation. Privacy and consumer advocacy groups want more regulation. Congress is poised to “do something.” What you need to know about marketing to children, adults, compliance with sectoral advertising regulations, from finance and health care to product safety.

Privacy: Behavioral targeting has everyone up in arms. What should a small publisher do if she feels her privacy policy has been violated?

Social Media: Blogs, splogs and vlogs. Virtual worlds, avatars and pseudonyms. Profiles and networks, friends and fans. Testimonials and endorsements – from celebrities to consumers, paid and unpaid. Buzz, viral and word of mouth. Defamation, libel, copyright and personalized URLs. Sound confusing? It is. But ignorance won’t insulate you from liability. Don’t want to become a regulatory target? What you should know.

Q&A: IAB and Reed Smith to answer questions from participants.

The webinar is open to IAB members, to Reed Smith clients, and to the general public on a first-come, first-served basis. Register now. You can get more information and register right here for What Me Worry? Legal Best Practices for Small Publishers.

About the Long Tail Alliance Program

The IAB formed the Long Tail Alliance program in summer 2008 to encourage involvement with individuals and small businesses who, powered by interactive advertising, have turned their interests and passions into a media revolution. The Alliance is the beginning of something the IAB envisions as a much larger portrait of American entrepreneurs who are pursuing and achieving the American dream, even as they row hard against strong economic currents. The IAB hopes to expand its Long Tail Membership in order to encourage advocacy, training, and a coming-together of smaller publishers across America as their businesses grow, all while the dynamic of technology and media continues to change.

For more information, click here.

About the IAB

The Interactive Advertising Bureau is comprised of more than 375 leading media and technology companies that are responsible for selling 86 percent of online advertising in the United States. On behalf of its members, the IAB is dedicated to the growth of the interactive advertising marketplace, of interactive's share of total marketing spend, and of its members' share of total marketing spend. The IAB educates marketers, agencies, media companies and the wider business community about the value of interactive advertising. Working with its member companies, the IAB evaluates and recommends standards and practices, and fields critical research on interactive advertising. Founded in 1996, the IAB is headquartered in New York City, with a Public Policy office in Washington, D.C.

About Reed Smith

Reed Smith is a global, full service law firm with nearly 1600 lawyers in 23 offices around the world. Joseph I. (“Joe”) Rosenbaum, a partner in the New York office, chairs the firm’s global Advertising Technology & Media law practice; is the editor and publisher of Legal Bytes; is Corporate Secretary & General Counsel to the IAB; and is an ex-officio member of the IAB Board. Adam Snukal is a Senior Associate who works with Joe in the Advertising Technology & Media law group, and is editor of Adlaw by Request, the gold standard in advertising legal publications in the industry.

Join us for this exciting and timely IAB Long Tail Alliance webinar presented by Reed Smith. We look forward to your participation.

Are You Behaving Badly? Redux

If you missed our teleseminar “Global Regulation of Behavioral Marketing in an Age of Privacy & Data Protection,” presented by Reed Smith partners Douglas J. Wood and Joseph I. Rosenbaum from New York and Gregor Pryor from London, I am pleased to make a copy of the “Are You Behaving Badly” presentation available to our Legal Bytes’ readers. The industry gave us “New Hope.” Privacy and consumer advocacy groups responded, and the “Empire Strikes Back.” Just recently, Congress commended the self-regulatory efforts of the industry, but noted a perceived need for additional legislation. “The Phantom Menace” persists.

The intergalactic battles continue, battle lines remain drawn, tensions remain high and the balance unclear – perhaps because changing technology, social media norms and advertising models keep rewriting the rules of engagement. If you listened in, thank you. If you missed it, here is the presentation. In either case, don’t hesitate to contact any of us with questions.

Reed Smith DC Office Hosting Next FCBA Privacy/Data Security & Legislative Committees Meeting

Reed Smith will host the next brown bag lunch meeting of the Federal Communications Bar Association’s joint Privacy/Data Security and Legislative Committees. The meeting will be held on October 13, 2009 between 12:00 noon – 2:00 p.m. at Reed Smith’s Washington, D.C. offices (1301 K Street, NW, Suite 1100 East Tower). The Committees will discuss the legislative priorities for the 111th Congress with special emphasis on behavioral marketing and data security legislation. The following speakers are confirmed to-date: Amy Levine, Legislative Counsel to Congressman Rich Boucher; and Paul Cancienne, Legislative Aide to Congresswoman Mary Bono Mack. We also have invited staff from the U.S. Senate. Please RSVP to Desiree Logan at dlogan@reedsmith.com to attend.

Are You Behaving Badly? Global Regulation of Behavioral Marketing

On Wednesday, September 30, 2009, from 12 noon – 1 p.m. (U.S. EDT), Reed Smith will be hosting a teleseminar as part of its “Doing Business Globally” series. Entitled Global Regulation of Behavioral Marketing, this seminar will be presented by Reed Smith partners Douglas J. Wood and Joseph I. Rosenbaum from New York, and Gregor Pryor from London. The seminar will explore the legal implications to advertisers, marketing professionals and brands associated with the labyrinth of global regulation increasingly applicable, or newly enacted, in connection with the targeting of consumers — on and off the web — through behavioral marketing.

Privacy and consumer groups object to such sophisticated techniques, fearful it further erodes what little privacy protection remains. Regulators are concerned such practices may violate privacy and data protection laws, or worse, are simply not covered by existing law and regulation. Marketers respond that such advances allow for a far more efficient, consumer-friendly marketplace, and that self-regulation has been a successful model in the advertising industry for more than 30 years. In this interconnected, networked age of social networking and global communication, understanding the implications and the legal and regulatory landscape is critical for every advertising professional and marketer, and the brands they represent. The camps remain far apart. Advertising industry associations call for self-regulation, recently releasing a report entitled Self-Regulatory Principles for Online Behavioral Advertising. Only about two months later, as previously reported in Legal Bytes, a coalition of 10 consumer advocacy and privacy groups released a fresh call for new regulation in a report referred to as a Legislative Primer, entitled Online Behavioral Tracking and Targeting Concerns and Solutions. The dividing lines remain drawn, tensions remain high, and the balance unclear – perhaps because the technology environment keeps rewriting the rules of engagement. Want to know more? Don’t miss this informative presentation.

Join us for this exciting and timely Reed Smith Teleseminar. You can view the Invitation to obtain more information, or go right to the Registration page. We look forward to your participation. 

Legal Bytes Archives: Have You Been Back to the Future Lately?

In case you haven’t checked in with Legal Bytes lately, you might want to know that we have been busy posting many of the articles that have appeared in our back issues—prior to our conversion to a blog format. Actually, thanks go to outstanding marketing support from Rebecca Blaw, who has done much of the archive posting over the past few months, along with the trusty support of Erin Evans.  Even those issues and articles that aren’t yet fully digitized and posted by category and title on Legal Bytes are still available as .PDF files here.

Check it out. You can’t always get what you want, but if you try sometime, you might just get what you need!

ANA Announces 5th Annual Advertising Law Conference in D.C.

Save the Date. Association of National Advertisers 5th Annual Advertising Law Conference is scheduled for March 17-18, 2010, to be held at the Park Hyatt in Washington, D.C., and coincides with the 100th Anniversary of the ANA. Specifics of the agenda and confirmed speakers are yet to be announced, but rest assured that the ANA will continue to ramp up the cutting-edge legal curriculum and superb faculty you’ve come to expect. CLE credit, of course, will be offered.

If You Didn't Make It to Ireland ...

For you loyal readers of Legal Bytes, here is the .PDF version of the presentation given by Joseph I. Rosenbaum "Trust Me, I'm a Satisfed Customer: Testimonials & Endorsements in the United States."

Free CLE? Free To Travel? Start Packing!

Advertising Law in the United States and Europe: The Challenges Ahead” is the subject of a CLE Conference organized and sponsored by the University of Limerick Law School and the Franklin Pierce Law School that is being held July 24 and 25 in Limerick, Ireland (Limerick is 20 minutes from Shannon). Douglas J. Wood and Joseph I. Rosenbaum, Co-Chairs of Reed Smith’s global Advertising Technology & Media Law Group, are among the distinguished faculty, which includes some of our clients, as well as scholars and government leaders from both sides of the Atlantic.

What’s more, these institutions have graciously agreed to allow us to invite our clients to attend at no charge. Yes, you read correctly. Free! Now you must be a client to take advantage of this promotional offer, and although you will have to pay your own way to join us and stay for the two-day course, what better time and excuse to visit Ireland? Yes, it’s short notice, but airfares are favorable, and if you are in Europe you literally have no excuse not to get away and take advantage of this great opportunity. Just click to learn more about the Agenda, the Faculty, the University of Limerick Law Schoolwhere the conference will be held; or nearby accommodations. Being a client does have its privileges, so if you are interested, email either Doug Wood or Joe Rosenbaum as soon as possible to take advantage of this opportunity. And start making your travel arrangements now!

Whatz Gnu? Reed Smith Teleseminar: Facebook Personalized URLs: Titanic Brand Opportunity or Tip of an Iceberg?

Last week, Facebook announced the availability of a personalized Facebook URLs. This latest offering from Facebook raises serious issues—issues that are typically encountered when technology collides with traditional intellectual property laws intended to protect trademarks and brand names. Much like the confusion and abuse that proliferated when cybersquatting became rampant over the ownership and administration of domain names, we now have social networks and service providers allowing users to generate content and offering customized URLs within their domains in a digital and borderless world. Significantly, the promotional momentum created by Facebook's offer has caused every astute brand and trademark owner to ponder whether they should be in a rush to register their personalized URL on Facebook, or let it ride and deal with potential infringements when—and if—they occur! You need practical guidance and insightful approaches to these problems.

The Media & Entertainment Industry Team and the Advertising Technology & Media Law Group at Reed Smith have put together an informative one-hour teleseminar entitled Facebook Personalized URLs: Titanic Brand Opportunity or Tip of an Iceberg?” airing on Tuesday, June 23 at 12 p.m. EDT with partners Doug Wood and Joe Rosenbaum, to help you understand the issues, formulate an approach and make informed decisions and you are invited to participate. Participation is free, although long-distance telephone charges apply outside of the United States, the UK, France, and Germany, where 800 numbers are used. Don’t miss this call!

Call-in ports are limited, so please click here to register or contact Anna Kazachkov at akazachkov@reedsmith.com no later than Monday, June 22, to receive a dial-in number and a passcode. If you require additional information, you can contact Anna by telephone directly at +1.212.702.1399.

Thank You!

I want to thank our loyal readers who use ever-increasingly sophisticated search technology to find answers to Useless But Compelling Facts. If you are a winner, you will get a prize—I promise! To those who actually read the articles and send us work—thank you. I promise you high-quality, responsive, knowledgeable legal support—when and where you need it.

To clients, colleagues, prospects, friends—all who have enriched my life and helped me continue to learn—thank you for a challenging and interesting 2008. May the new year bring us health, success, new challenges and more fun. A 2009, filled with wonder and excitement. Let us have the patience to deal with what we cannot change, and let’s resist the temptation to think there is little we can change. Let us know tolerance to accept others who may be different, and wisdom to learn from them—there is both beauty and strength in diversity. Thank you.

Gift Card Laws

Want to know why gift card laws are such a maze? Check out the March 2008 issue of Credit Union Business (Vol. 3, Issue 3), in which nationally published freelance writer and attorney Ursula Furi-Perry reports on her interview with Legal Bytes editor, Joe Rosenbaum, in a feature article, “Plastic Law: What Executives Must Know.” Want to know more about what matters? Head to
reedsmith.com or email me.

Recent Publications

Legal Bytes editor Joe Rosenbaum has authored a chapter in a new book, Inside the Minds: Managing Advertising & Marketing Legal Issues, published by Aspatore Publishing. The chapter is entitled “The Tension Between Advertising & Privacy: Whose Information Is It (Déjà vu)?” The text looks back at a Jurimetrics Law Journal article he authored 10 years ago entitled “Privacy on the Internet: Whose Information Is It Anyway?” and examines how the evolution of web-based and mobile advertising continue to have a profound effect on our notions of privacy in the digital world.

Protecting Personal Information: Best Practices for Business

A half-day workshop, Protecting Personal Information: Best Practices for Business, co-hosted by the California Office of Privacy and the FTC, will take place Aug. 13 in Los Angeles. It is designed to show businesses how to protect the privacy of employees and consumers and the security of personal information. The workshop will share best practices for developing a data security program and for responding to data breaches.

Recent Presentations

Joseph I. Rosenbaum presented Marketing to Children in Virtual Worlds: At Play or As Prey? at the Virtual Worlds Conference in New York—you can download a copy from the FTP site. Joe also spoke about Mobile Mayhem: Marketing and Contextual Advertising versus Privacy, at the 40th International Advertising Association Conference in Washington, D.C.

Upcoming Events

Joseph I. Rosenbaum will be speaking at the Virtual Worlds Conference in New York (April 3–4) on the subject of Marketing to Children in Virtual Worlds: At Play or As Prey? exploring the emerging use of virtual worlds to advertise and market, exploit, educate and entertain children. Joe will also be a panelist at the 40th International Advertising Association Conference in Washington, D.C. April 7 on the subject of Mobile Mayhem.

Giants Win Super Bowl: Virtual Becomes Reality

Need I say more? Go Blue!

Reed Smith ATM Expands into Hong Kong & Beijing

Reed Smith’s Advertising Technology & Media Law practice is global and now we have colleagues in Hong Kong and Beijing. If you need us anywhere in this world, any digital domains (Hi David) or virtual ones, we are only a click away. Contact me, or my colleagues, Douglas J. Wood, or Stephen S. Edwards.

Business & Legal Affiars Conference Scheduled for February 12-13, 2008

Douglas J. Wood is again co-chairing the Business & Legal Affairs Conference of the Association of National Advertisers, to be held in New York, Feb. 12–13. If you haven’t signed up, you should.

Rosenbaum Authors Article for E-Commerce Law & Policy Journal

Joseph I. Rosenbaum recently authored an article for the E-Commerce Law & Policy Journal, published in the UK, entitled “Virtual Worlds For Children: An Introduction To The Issues” (January 2008), exploring the emerging use of virtual worlds to advertise and market, exploit, educate and entertain children.

Upcoming Presentations

On January 25 and 26, 2006, the Association of National Advertisers hosts its second annual Advertising Law and Business Affairs Conference in New York City. For information contact Doug Wood. On January 31, Joe Rosenbaum will be speaking about “The New World of Branded Entertainment Transactions” at the New Technologies and New Media in Advertising Law Conference hosted by Law Seminars International. Information can be obtained from Joe.

In Memoriam--An Era Comes to an End

Truly marking the end of an era, Jack Kilby and Robert Moog passed away recently. We thought it fitting to honor them, given that their innovations and inventions have transformed our lives, our societies and our global economy in the last 30 years, and are likely to continue to do so for decades to come. Many of you, before reading this, may have never heard their names, but their inventions rank alongside those of Thomas Edison, Alexander Graham Bell and Henry Ford in their impact. Each in his own way, has enriched our lives in ways neither they, nor anyone, could possibly have foreseen. We take a moment to mourn their passing and thank them for their contributions.

On June 20, at the age of 81, Jack Kilby, passed away. Although few people outside the engineering field may know his name, he is credited with the invention of the integrated circuit while working at Texas Instruments—the seemingly simple notion that transistors could be miniaturized onto a block of silicon—about the size of a paper clip back then. Together with Robert Noyce, who figured out how to mass produce them, his invention led the way for a multi-trillion-dollar industry and an information and processing revolution unrivaled in the history of the world. You may recall that Mr. Noyce and Gordon Moore went on to found Intel! Mr. Kilby won the Nobel Prize in Physics in 2000, the Draper Award in engineering, and the National Medal of Science, and has more than 60 patents credited to his name; yet throughout his life, he remained down-to-earth, although proud of his invention. He is credited with noting that “…scientists get the theories. But engineers make them work. And the engineer has the added challenge of cost, because if your solution works but it costs too much, there will never be any application.” Amen.

On Sunday, August 21, Robert Moog passed away at age 71. Although you may also not recognize his name, his synthesizer was well known to musicians around the world. From the Monkees in 1967 and The Beatles in 1969, to RadioHead, The Beastie Boys and Moby today. The Doors, Jan Hammer and Herbie Hancock, Yes, Emerson, Lake and Palmer, The Byrds, The Rolling Stones and even the score of Stanley Kubrik’s classic A Clockwork Orange all used the “Moog Synthesizer.” Moog was awarded the Polar Prize in music for his 1970 invention of the “mini-moog,” won a Grammy for technical merit (he shared that prize with Steve Jobs for the Apple Macintosh), and is generally credited with being the father of electronic musical sound. Oh, and in case you are wondering, those cell phone ringtones, file-sharing MP3s, and yes, even the iPod—with chip-size synthesizers—owe homage to the inventive genius of Mr. Moog—an engineer, inventor and patron saint of Rock and Roll.

Black Forest Group Conference

The Black Forest Group is hosting a high-level conference in Valencia, Spain, in conjunction with its Fall 2005 meeting. The BFG is a non-profit membership association of international end-user information technology and strategic planning senior executives and high-level academic and support professionals, dedicated to providing its members with sustainable competitive value in their professional capabilities and commercial responsibilities. On the Agenda for Valencia: Healthcare Systems in Europe and the U.S. for Global Employers; Record Management Across International Boundaries; Compliance, Security and Privacy—The Changing Role of the CIO/CTO; Global Collaboration, Off-shoring and Outsourcing, and more. For more information about the conference or BFG membership, contact Joe Rosenbaum.