State Tax Update: States Can Be Taxing in a Digital World

Please join Reed Smith lawyers Dan Dixon and Kelley Miller Thursday, January 31 at Noon EST (9 a.m. PST; 11 a.m. CST) for "Clouds, Codes, and Crunching Numbers: An Update on Current Multi-State Tax Developments in the Taxation of Electronic Goods and Services." Participants will hear about the latest state developments and trends, including affiliate nexus, “Amazon” legislation, states’ tax treatment of various digital products, software, cloud computing, web-based & web-hosting services, information services, data processing, and sourcing rules for digital goods and services transactions. Don’t miss this timely teleseminar!

Registration link: Click here to register for this seminar.

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.

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!

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.

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:

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.

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.

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. 

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.

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.