Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes
Privacy & Security - US & Abroad
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FTC and 3 Companies Settle Enforcement Charges Regarding False Privacy Shield Claims

Just as the Sword in the Stone could only be used by its rightful owner, the Privacy Shield can only be claimed by the rightfully certified entities. If not, false representations may stir Federal Trade Commission action. The FTC recently announced their first enforcement actions involving the EU-US Privacy Shield framework, settling complaints with three US companies.

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Advertising, Social Media, User-Generated Content
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It’s Every Influencer for Themselves as FTC Settles Debut Case Against Individual Social Stars

Calling all #influencers: that promotional post may attract more attention than you bargained for with your brand if you fail to use required disclosures. With several enforcement actions against companies, assistance from Instagram’s new paid partnerships tool, and the first ever complaint directly against social media influencers, the Federal Trade Commission has made it clear that they are fed up with deceptive endorsements.

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Privacy & Security - US & Abroad, GDPR
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Read Here to Update: Privacy Policies, Connectivity, and Consent in the Age of the GDPR

Thinking about updating your privacy policy? Consider how to get consumer buy-in as part of the process. Your organization may be in the process of revamping its privacy practices, and as a result its external privacy policy, to keep up with the European General Data Protection Regulation (GDPR) and Federal Trade Commission (FTC) rules. This is good practice, but your organization should also consider how to publish the revised policies externally and internally, and whether consumer consent is appropriate.

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Advertising, Mobile Marketing, Social Media, Telemarketing & Other Direct Marketing, Fashion Law: Luxury Goods, Designer Brands & Retail
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Online Retailer and Executive Plead Guilty to Price-Fixing Conspiracy Conducted Via Social Media and Text Messaging

An online retailer and its president recently pled guilty to a price-fixing conspiracy for customized promotional products that was implemented through text messaging and social media platforms. The successful prosecutions are the latest in the Department of Justice’s ongoing antitrust investigation into the online promotional products industry.
 

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Advertising, Social Media, User-Generated Content
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Instagram Signals to #Influencers That There’s a #NewSheriff in Town

TLDR

Instagram has a message for social media Influencers: the Wild West is coming to an end. The popular photo-sharing platform is rolling out a new tool that will make it easier to tag and track paid commercial content. The tool offers a potential replacement for the much loathed “#ad” disclosure, but it also signals a coming crackdown on Influencer posts.

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Privacy & Security - US & Abroad, Blockchain
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Sarah Bruno Discusses Legal Landscape of Blockchain-Ready Industries at ILTACON 2017

Privacy, Cybersecurity & Data Protection group leader Sarah Bruno will discuss "Blockchain in Legal" with Thomson Reuters' Joseph Raczynski at the 2017 International Legal Technology Association (ILTA) Annual Educational Conference, ILTACON.

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Privacy & Security - US & Abroad
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Data Divide: Japan’s Clarity and China’s Chaos in Reshaped Privacy and Security Regs

What’s New?

Major regulatory changes in data governance recently went into effect in Japan and China that are likely to impact organizations doing business in these Asian markets. While the regulations are long-awaited, their implementation follows on the heels of the global Wannacry ransomware data scare and at the same time as companies attempt to prepare for the European General Data Protection Regulation. Both countries’ changes warrant reviews of company policies and procedures, but they are also quite different: Japan’s straightforward amendments focus on consumer information and data protection, while China turned a controversial focus to network operators managing data.

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Privacy & Security - US & Abroad, Press Releases, Advertising
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Daily Journal Names Arent Fox Partners Sarah Bruno and Jennifer Terry 'Top Women Lawyers'

Arent Fox LLP is pleased to announce that Privacy, Cybersecurity & Data Protection partner Sarah L. Bruno and Labor & Employment partner Jennifer C. Terry have been named among the “Top Women Lawyers” in California by the Daily Journal as a result of their impressive track record of successes on behalf of clients, their role as mentors within the firm, and their impact on the overall legal profession.
 

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Privacy & Security - US & Abroad
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This Ransomware Will Make You WannaCry

What’s New?

Ransomware is old news, as we had previously written here. Its latest iteration, the currently circulating WannaCry ransomware, is no laughing matter. The WannaCry vulnerability was reportedly first uncovered by the National Security Agency (NSA) but kept under wraps as a potential tool for possible surveillance. It was subsequently found by hackers who released a cache of stolen NSA documents on the internet, including details about WannaCry.
 

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Advertising
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Door Remains Open on “Closing Letters” – FTC Issues 7 Closing Letters on Made in USA

March and April were very busy months for the Federal Trade Commission’s Office of Consumer Protection staff who focus on “Made in USA” enforcement. Indeed, FTC issued seven “closing letters” to companies during a three-week period, in which FTC closed out its investigations involving allegations that each company “overstated the extent to which” the products in each case were made in the United States. In each case, the FTC closed out the investigation based on the company’s agreement to implement a remedial action plan, including but not limited to such actions as removing unqualified US-origin claims from websites and social media and providing corrected qualified claims to third-party resellers and distributors. This flurry of activity began on March 14, 2017 and ended on April 5, 2017, as follows:

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.