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Digital Marketing Minute: No More Like Gates


By on Aug 14, 2014
Posted In Advertising & Marketing, Promotions, Sweepstakes & Contests, Social Media

We are pleased to present this inaugural post of the Digital Marketing Minute.  Each week will provide a short post on some news in the digital marketing world.   This week’s post is about a change on Facebook’s platform that affects how marketers conduct promotions. In an August 7 post on its Developers blog page, Facebook...

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Planning a Sweepstakes, Contest or Game?


By on Jun 25, 2014
Posted In Advertising & Marketing, General Interest, Promotions, Sweepstakes & Contests

New technologies have made offering consumer promotions even easier for businesses but complying with the myriad laws, rules, regulations, industry standards and platform requirements is still challenging.  To learn how to avoid 12 common promotion execution traps, join McDermott’s Julia Jacobson today (Wednesday, June 25) for “Executing a Sweepstakes, Contest or Game,” the second of...

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The California AG’s New Guide on CalOPPA – A Summary for Privacy Pros


By on May 29, 2014
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Mobile Apps

Last week, the California Attorney General’s Office (AGO) released a series of recommendations entitled Making Your Privacy Practices Public (Guide) designed to help companies meet the requirements of California’s Online Privacy Protection Act (CalOPPA) and “provide privacy policy statements that are meaningful to consumers.” As we have previously discussed, CalOPPA requires website operators to disclose...

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Disclosures Need Not Contain Customers’ Actual Names to Violate the Video Privacy Protection Act Rules Hulu Court


By on May 9, 2014
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Social Media

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U.S. District Court for the Northern District of California ruled that Hulu’s sharing of certain customer information with Facebook, Inc. may have violated the VPPA, even though Hulu did not...

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McDermott to Host Social Media Best Practices Panel on June 4, 2014


By on May 8, 2014
Posted In Data Privacy, General Interest, Social Media

Planning to be in the Chicago area on June 4?  Register to attend this interactive panel discussion regarding best practices for social media policies. The panelists multi-disciplinary perspective will include privacy, intellectual property and employment law issues related to the use of social media in the workplace. For more information and to register, click here.

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Copyright Office Fees


By on Apr 29, 2014
Posted In Advertising & Marketing, General Interest

On March 24, 2014, the U.S. Copyright Office issued a Final Rule that establishes new fees for certain of its services.  The new fee schedule is effective as of May 1, 2014 and available here.  The fees were last updated in 2009. The Office increased fees for certain registration and recordation and associated services, as...

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Trendy “Cybersecurity” Versus Traditional “Information Security” Two Sides of the Same Security Coin


By on Apr 24, 2014
Posted In Cybersecurity

Cybersecurity has become a dominant topic of the day.  The Snowden revelations, the mega-data breaches of 2013, the pervasiveness of invisible online “tracking” and the proliferation of “ data broker” trading in personal data – all feed into the fears of individuals who struggle to understand how their personal information is collected, used and protected. ...

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The Highest Court in the European Union Strikes Down the Data Retention Directive as Invalid


By on Apr 16, 2014
Posted In Consumer Protection, Cybersecurity, Data Privacy

In a significant move, the Court of Justice of the European Union (CJEU) has ruled that the Data Retention Directive 2006/24/EC (Directive) is invalid. This decision is expected to have wide-reaching implications for privacy laws across the European Union. On 8 April 2014, the CJEU held that the requirement imposed on internet service providers (ISP)...

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Settlement on the Horizon in Massachusetts ZIP Code Litigation


By on Mar 6, 2014
Posted In Advertising & Marketing, Consumer Protection, Data Privacy

A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation.  In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed class action in Massachusetts federal district court stemming from the company’s collection of customers’ ZIP codes during point of sale...

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New Mexico Moves One Step Closer to Becoming the 47th State with a Breach Notification Law


By on Feb 28, 2014
Posted In Consumer Protection, Cybersecurity, Data Privacy

46 states plus Washington, D.C. have data breach notification laws.  Alabama, Kentucky, New Mexico and South Dakota still do not have a comprehensive notification law outside of the public sector.  That may change soon though, because the New Mexico House of Representatives unanimously passed a bill on February 17, 2014, that would require companies to...

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