May 8, 2012 4:45 PM | Posted by Seth Rose | Permalink
As part of its latest study on the effectiveness of industry self-regulation in preventing advertising and marketing of alcoholic beverages to underage audiences, on April 12, the Federal Trade Commission issued orders to provide information, also known as compulsory process orders, to 14 major alcoholic beverage advertisers. For the first time, the agency wants these companies to provide detailed information on their Internet and digital marketing programs and their data collection, maintenance, aggregation and tracking practices related to consumers/visitors under the age of 21.
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May 3, 2012 1:14 PM | Posted by Steve Semerdjian | Permalink
At the urging of Reps. Timothy Bishop (D-N.Y.) and Walter Jones (D-N.C.), the U.S. Agency for International Development (USAID) has suspended funding for a program under which Filipino students trained to work in various industries, including offshore call centers serving U.S. companies. The program, known as the Job Enabling English Proficiency (JEEP) program, provides English-language training to students in the Mindanao region of the Philippines, which has been troubled by civil unrest as a result of the activities of Muslim rebels.
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April 16, 2012 4:22 PM | Posted by Regan Smith | Permalink
As we reported earlier, ICANN has launched the roll-out of new generic top-level domains (gTLDs). (Top-level domains are the letters that appear after the “dot” in a domain name. Current gTLDs include .com, .gov, .org, and .net.) For a limited time, ICANN will allow companies (and individuals) that meet certain requirements to create their own gTLD and become the registry operator for that domain.
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April 16, 2012 11:59 AM | Posted by Jill Westmoreland | Permalink
In the final video segment of Loeb & Loeb’s second Media MindShare Leadership Series, Sheryl Yamuder discusses issues surrounding the use of behavioral advertising, including challenges to self-regulation, the outlook for legislation, and key steps in the self-regulatory process that have been put into place at her organization.

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April 12, 2012 4:06 PM | Posted by Steve Semerdjian | Permalink
Science Applications International Corp (SAIC) has agreed to pay more than $500 million in fines and penalties to settle federal charges alleging that the outsourcing company overcharged the city of New York for work and ignored kickbacks on its CityTime project, an employee time-management system that ran more than $500 million over budget. Most of the money will be returned as restitution to the city.
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March 26, 2012 1:43 PM | Posted by Nate Hole | Permalink
In the latest video segment of our new Media MindShare Leadership Series, Loeb & Loeb attorney Nate Hole discusses social media partnerships and the importance of understanding the technology, how it works and what information it is gathering. Lisa Hatton Harrington, Vice President and Associate General Counsel of NBCUniversal – Digital Division, shares insights on the challenges her company faces in the social media realm, including issues in connection with deal of the day-type promotions, and compliance with regulations surrounding geolocation and collection of personally identifiable information.

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March 12, 2012 4:58 PM | Posted by Steve Semerdjian | Permalink
The House of Representatives March 8, 2012, voted down the Outsourcing Accountability Act of 2012 (HR 3875) by a vote of 230 to 175. The bill, originally introduced by Rep. Gary Peters (D-Mich.), would have amended federal securities law to require public companies with revenues of more than $1 billion to disclose, in their annual filings, employment numbers by U.S. and foreign (by country) jurisdictions.
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March 1, 2012 4:10 PM | Posted by Michael Ridgway Jones | Permalink
Beginning March 1, 2012, any non-governmental entity, wherever located, must amend existing agreements with third-party service providers that receive, store, maintain, process, or otherwise are permitted access to personal information (in both electronic and non-electronic format) to require such service providers to implement appropriate security measures for the personal information of Massachusetts residents consistent with the requirements of 201 CMR 17.00 (“Standards for the Protection of Personal Information of Residents of the Commonwealth”), the regulations that implement the Massachusetts data security law (M.G.L. c. 93H).
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February 27, 2012 3:52 PM | Posted by James Taylor and Seth Rose | Permalink
In the latest video segment of our new Media MindShare Leadership Series, Loeb & Loeb attorney Seth Rose provides insights into what companies can do to mitigate the risk of litigation in the areas of data security and data privacy. James Taylor, chair of the firm’s Advanced Media and Technology Department, discusses vulnerabilities that exist for companies that mine and monetize user data, as well as best practices for the collection, retention and storage of data, which can help address these challenges.

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February 27, 2012 2:38 PM | Posted by Nate Hole | Permalink
A federal judge in Chicago held that a grocery store’s full-page magazine “ad” congratulating Michael Jordan on his election to the Basketball Hall of Fame was noncommercial speech entitled to full First Amendment protection.
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February 24, 2012 9:22 AM | Posted by Jill Westmoreland | Permalink
On February 23, the White House unveiled a new privacy report called “Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.” The Report contains a Consumer Privacy Bill of Rights (contained in Appendix A) and a blueprint for implementing the Bill of Rights through voluntary codes of conduct, federal legislation, and enforcement by the FTC and state Attorneys General.
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February 13, 2012 11:50 AM | Posted by Tatyana Gilles | Permalink
In a case of first impression, a federal district court in Massachusetts found that a person's ZIP code is “personal identification information” (PII) under a Massachusetts law (Mass. Gen. L. 93-105(a)) which prohibits retailers from collecting PII during a credit card transaction if the credit card issuer does not require such disclosure. Tyler v. Michaels Stores, Inc., 2012 WL 32208 (D. Mass.; Jan. 6, 2012).
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February 10, 2012 9:00 AM | Posted by Steve Semerdjian | Permalink
Rep. Gary Peters (D-Mich.) introduced legislation that would require U.S. public companies with annual gross revenues of $1 billion or more to disclose the number of U.S and overseas workers they employ.
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February 8, 2012 1:52 PM | Posted by Ken Florin | Permalink
In the second video segment of Loeb & Loeb’s new Media MindShare Leadership Series, Kenneth Florin, partner and chair of the firm’s Advanced Media and Technology Department, and Christopher McCleary, Associate General Counsel of VISA Inc. discuss key challenges facing companies involved in mobile commerce today, as well as differences in the way it is being used in the U.S. and in developing countries across the globe.

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January 26, 2012 9:35 AM | Posted by James Taylor, Ken Florin and Seth Rose | Permalink
What’s in store for e-commerce, mobile coupons and social media in 2012? In the first video segment of its new Media MindShare Leadership Series, Loeb & Loeb's Advanced Media and Technology attorneys and in-house counsel from Visa, Inc. and NBCUniversal – both major players in the digital media and technology landscape – discuss predictions for the new year, including what we can expect in terms of data security and data breach incidents, privacy legislation, and collection of personally identifiable information.

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January 24, 2012 2:55 PM | Posted by Ken Florin | Permalink
Loeb & Loeb's Advanced Media and Technology Department is proud to present the second installment of our Media MindShare Thought Leadership Series, a collection of video interviews featuring attorneys, clients and other leaders in the digital media and technology space, discussing key trends and issues of importance to advertisers, agencies and any company employing emerging media platforms to extend their market reach.

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December 29, 2011 9:22 AM | Posted by Daniel Frohling | Permalink
The Federal Trade Commission (FTC) has joined a chorus of lawmakers and industry groups who have expressed opposition to ICANN's January 12, 2012, roll-out of new generic top-level domains (gTLDs). In a 15-page letter, sent Dec. 16, the FTC warned that rapid expansion of the number of generic top-level domain names - the part of the domain name to the right of the dot, such as ".com," ".net" and ".org" - could create a "dramatically increased opportunity for consumer fraud," and make it easier for scam artists to manipulate the system to avoid being detected by law enforcement authorities.
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December 28, 2011 12:26 PM | Posted by Michael Mallow | Permalink
California has amended its security breach notification law to expand the notification requirements for security breaches relating to consumer personal information. Senate Bill 24, which amends California Civil Code sections 1798.29 and 1798.82, which takes effect January 1, 2012, also require businesses that suffer a data breach affecting more than 500 California residents to provide notice to the California Attorney General's office.
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December 27, 2011 11:19 AM | Posted by Steve Semerdjian | Permalink
Calling outsourcing “one of the scourges of our economy,” Rep. Timothy Bishop (D-N.Y.) has introduced a bill that would make companies that relocate call centers to locations outside of the United States ineligible for federal grant or guaranteed loan programs for five years.
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December 19, 2011 9:50 AM | Posted by Ieuan Jolly | Permalink
The Office of the Privacy Commissioner of Canada issued Guidelines for Online Behavioral Advertising that address tracking children's online activities, when to use an opt-out approach, and technologies that should not be used for online tracking.
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