Author: David

I am a the founder of a boutique intellectual property law firm based in Chicago, Illinois. In my role as a trusted advisor, I act as the primary transactional attorney for my clients, reporting directly to a company’s executive staff and/or its General Counsel. I provide advice to business units and executives on copyright, trademark, ecommerce, software/IT, media & entertainment and issues associated with creating and commercializing innovations and creative content, drafting and negotiating contracts and licenses, advising on securities laws and corporate governance and managing outside counsel. My clients frequently rely on me to successfully draft and negotiate complex commercial and intellectual property transactions such as supply/distribution agreements, IP development and license agreements and documentation related to mergers, acquisitions and divestitures.
Advertising, Branding, Compliance, Content Development, Copyright, Creative Content, Entrepreneurs, Facebook, FTC, Infringement, Internet, Law, Legislation, Marketing, Media, Mobile, Monetizing Content, Networks, Platforms, Small Business, Social Media, Start-ups, Strategy, Technology, Trademarks, Video

Managing Risk: Legal Issues for Merchants & Affiliate Managers

I will be speaking at Affiliate Management Days SF 2013 (April 16-17, 2013) on the topic of “Managing Risk: Legal Issues for Merchants & Affiliate Managers.”

 

Affiliate marketing is one of the most cost-effective techniques for monetizing web site traffic and driving sales. Unfortunately, it has a reputation for high risk. While the industry is unlikely to ever be risk-free, it is possible to manage risk by: (1) understanding how techniques like behavioral and contextual targeting affect consumers, affiliates and merchants, (2) understanding the legal and regulatory environment, (3) understating risks involved with prospective marketing partners, (4) using and maintaining proper contracts that allocate risk and provide appropriate indemnifications, and (5) keeping informed about the changes in technology, marketing practices and the regulatory environment. Attendees will learn how to identify these issues and develop policies and procedures to keep informed about the current technology, marketing strategies and regulatory compliance.

 

Topics covered include:

 

  • Behavioral/Contextual Advertising
  • Regulatory/Industry Compliance : FTC Guides & Enforcement Actions
  • CAN-SPAM compliance
  • IP Law: Rules governing use of others™ Trademarks/Keywords, Right of Publicity/Endorsement Issues.
  • Identifying, protecting against, and disputing accusations of Click-Fraud

 

Geno Prussakov, the Founder & Chair of Affiliate Management Days and the CEO & founder of AM Navigator LLC did a pre-interview with me on Small Business Trends that can be found here.

 

Related articles

 

 

Advertising, Branding, Chicago, Content Development, Copyright, Creative Content, Entertainment, Fashion, Fashion Design, Fashion Law, FTC, Infringement, Internet, Law, Litigation, Marketing, Media, Monetizing Content, Platforms, Social Media, Start-ups, Strategy, Technology, Trademarks, Video

Entertainment & Fashion Law News Update

Entertainment Law News & Events

Entertainment Law Initiative Luncheon Set For Feb. 8 | GRAMMY.com
The GRAMMY Foundation announced today that the keynote discussion at the 15th Annual Entertainment Law Initiative Luncheon & Scholarship Presentation

Colorado IP and entertainment lawyer David Ratner forms ‘Creative …
‘Creative Law Network,’ a Denver-based law firm, will focus on small to mid-size businesses and artists.

Florida Bar Hosts Entertainment Law Event | Billboard
NEW YORK–The Florida Bar Assn.’s Entertainment Arts and Sports Law Section will host its sixth annual legal symposium on music, film and TV on March 26.

UNH Law to debut sports and entertainment law institute
Concord Monitor
The University of New Hampshire’s School of Law will open a Sports and Entertainment Law Institute next fall, giving students the opportunity to focus their studies for a law career in either field.

Entertainment lawyer Mike Novak dies
The Macomb Daily
For nearly three decades, Mike Novak’s name was synonymous with entertainment in the Detroit area. During his career the Troy-based attorney, a resident of Grosse Pointe Shores, represented the likes of artists such as Bob Seger and Kid Rock.

Use a Law Degree to Enter Environmental or Entertainment Fields
U.S. News & World Report (blog)
If you have a question about law school, E-mail me for a chance to be featured next month. This week, I will address questions from readers about pursuing environmental and entertainment law.

Fashion Law News

Minnetonka’s Trademark Suit Against Target Tip-Toes Away http://t.co/sF6vtszP via @FemmeLegale

VIDEO: First Ever Northern California Fashion Law Panel Produced …
First Ever Northern California Fashion Law Panel

Following the Dress Code: Fundamentals of Fashion Law with BK …
February 13th – 6:00-8:00pm 2 MCLE Credits (Professional Practice) 123 Remsen Street, BrooklyModerator: Allegra Selvaggio, Esq.

About The Author

David M. Adler, Esq. is a 2012 Illinois SuperLawyer, author, educator, entrepreneur and partner with Leavens, Strand, Glover & Adler, LLC, a boutique law firm in Chicago, Illinois created with a specific mission: provide businesses with a competitive advantage by enabling them to leverage their intangible assets and creative content in order to drive innovation and increase overall business value.

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Cloud computing continues to dominate discussions of enterprise IT. See where it’s been and where it’s headed.

CBPN's avatarCloud Computing Best Practices

CN_Tower_Lightning2Last year we began the process of organizing an event and white paper series entitled ‘Cloud Computing and the Drummond Report’.

Due to the volume of preparatory work required to make this a home run we had to put it on the back-burner for a while. This is now complete and we’re re-starting the project, stay tuned for further news.

The end result will be to establish Toronto as a lightning rod for attracting the best Cloud innovations in the world!

What’s Next Toronto?

The Drummond Report is the nickname given to a commissioned review of the state of Ontario’s finances by economist Don Drummond. (Read the full report here).

In short it’s been proposed that Ontario faces a bleak future due to a growing financial deficit and Drummond makes a number of cost-containment recommendations to address this situation.

Our goal for the white paper is to establish the link between…

View original post 627 more words

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2012 in review

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

600 people reached the top of Mt. Everest in 2012. This blog got about 3,300 views in 2012. If every person who reached the top of Mt. Everest viewed this blog, it would have taken 6 years to get that many views.

Click here to see the complete report.

Advertising, Branding, censorship, Cloud, cloud computing, Compliance, Computing, Content Development, Copyright, Creative Content, cybersecurity, Data, data privacy, Design, Entertainment, Entrepreneurs, Evidence, Facebook, Infringement, Internet, Law, Legislation, Litigation, Marketing, Media, Mobile, Privacy, Production, Regulation, Regulatory Compliance, SaaS, Security, Small Business, Social Media, Start-ups, Strategy, Technology, Trade Secrets, Trademarks

Whose Social Media Account Is It Anyway?

As a result of the rapid shift in marketing from unilateral one-to-many communications, to the multilateral, many-to-many or many-to-one conversations enabled by Social Media, employees and employers are struggling to manage accounts that are used for both work and personal purposes.

This new phenomenon has benefits, but it also creates a number of legal challenges. For employees, it may result in greater efficiency, more opportunities for authentic customers engagement and the ability to stay on top of the most current grands and business issues. For employers, it presents opportunity to reap substantial benefits from lower communications and customer support costs. For in-house counsel, it raises a host of legal and practical issues with few easy solutions and significant liability and regulatory risks.

First, there are hardware issues. Smartphones, tablets and other personal electronics often have social networking capabilities built in. in addition, they contain contain both personal and business data. Because these devices are always on and always connected, they are more than just personal property. They have become essential business tools. For both sides of the workplace equation, employers and employees must understand where the privacy lines fall between personal versus work-related information.

Second, there are data issues. Employers must balance their needs to monitor employee usage, employees’ privacy concerns, and the risk of liability for theft or exposure of data if a device is lost or stolen, or from lack of proper safeguards on account usage. For in-house counsel tasked with drafting policies to address these risks, , Prior to implementation of any policy, the legal team needs to educate front line employees and management on reasonable expectations of privacy and security and the harms that the organization seeks to prevent.

Lastly, recent cases such as the Cristou v. Beatport litigation, highlight the struggle to define and control the beginning and end of employee social media accounts, ownership and protection of intellectual property and the post termination risks that arise from the absence of appropriate policies.

As we prepare to start a new year, the time is ripe to establish security and privacy policies governing creation, maintenance and use of employees’ social media accounts for work functions. In-house counsel must lead the charge to educate, inform and train employees about privacy, security and evidence-recovery implications associated with use of social media.

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Brazilian company launches Android iPhone, owns the trademark – iPad/iPhone – Macworld UK

See on Scoop.it – Social Media Legal & Regulatory Compliance

The Brazilian company that owns the legal right to the name iPhone in the country is now selling its own iPhone, running the Android operating system.

David M. Adler, Esq.‘s insight:

How’s that for consumer confusion?!

See on www.macworld.co.uk

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Songwriters slam Government Copyright reforms | Music, Music, Music

See on Scoop.it – Social Media Legal & Regulatory Compliance

Cable says changes could generate £500m – a downgrade from previous estimate (Songwriters slam Government Copyright reforms | @scoopit http://t.co/FlL1oADw)…

See on www.scoop.it

cloud computing, Computing, cybersecurity, Data, data privacy, Internet, Law, Legislation, Privacy, Regulation, Regulatory Compliance, Security, Technology

HHS Office of Civil Rights (OCR) releases guidance for de-identification under the HIPAA Privacy Rule.

HHS has provided guidance about methods and approaches to achieve de- identification in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The guidance explains and answers questions regarding the two methods that can be used to satisfy the Privacy Rule‘s de-identification standard: Expert Determination and Safe Harbor1. This guidance is intended to assist covered entities to understand what is de-identification, the general process by which de- identified information is created, and the options available for performing de- identification.

Advertising, Cloud, cloud computing, Compliance, Computing, Content Development, cybersecurity, Data, data privacy, Entertainment, FTC, Internet, Law, Legislation, Litigation, Marketing, Media, Mobile, Monetizing Content, Privacy, Regulation, Regulatory Compliance, Security, Social Media, Technology

FTC Privacy Update: Recent Guidance and Settlements

Company Sanctioned for ” History Sniffing”

FTC Settlement Puts an End to “History Sniffing” by Online Advertising Network Charged With Deceptively Gathering Data on Consumers

You know the old adage, the Internet is forever. Well, so is your browsing history, apparently. On December 5, 2012, the FTC announced that an online advertising company agreed to settle Federal Trade Commission charges that it used “history sniffing” to secretly and illegally gather data from millions of consumers about their interest in sensitive medical and financial issues ranging from fertility and incontinence to debt relief and personal bankruptcy.

“Consumers searching the Internet shouldn’t have to worry about whether someone is going to go sniffing through the sensitive, personal details of their browsing history without their knowledge,” said FTC Chairman Jon Leibowitz. “This type of unscrupulous behavior undermines consumers’ confidence, and we won’t tolerate it.”

The defendant, Epic Marketplace shared information with a large advertising network that has a presence on 45,000 websites. Consumers who visited any of the network’s sites received a cookie, which stored information about their online practices including sites they visited and the ads they viewed. The cookies allowed Epic to serve consumers ads targeted to their interests, a practice known as online behavioral advertising.

Mobile Applications (Apps) Continue to Threaten Childrens’ Privacy

Kids’ Data Still Collected, Shared without Parents’ Knowledge, Consent

The Federal Trade Commission issued a new staff report, “Mobile Apps for Kids: Disclosures Still Not Making the Grade,” [PDF here ] examining the privacy disclosures and practices of apps offered for children in the Google Play and Apple App stores. The report details the results of the FTC’s second survey of kids’ mobile apps.

The FTC first surveyed kids’ mobile apps in 2011. Since then there has been little progress toward giving parents the information they need to determine what data is being collected from their children, how it is being shared, or who will have access to it. Many any of the apps examined included interactive features, such as connecting to social media, and sent information from the mobile device to ad networks, analytics companies, or other third parties, without disclosing these practices to parents.

Disturbingly, the shared information included login information across multiple sites, GPs location information and device ID information.

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Interim Final Rule Narrows the Circumstances Under Which Creditors Are Covered

The Federal Trade Commission today announced publication of an Interim Final Rule on identity theft “red flags” that narrows the circumstances under which creditors are covered by the Rule.

Congress directed the FTC, along with several banking agencies to develop regulations requiring “financial institutions” and “creditors” to develop and implement a written identity theft prevention program.   By identifying “red flags” for identity theft in advance, businesses can be better equipped to spot suspicious patterns that may arise — and take steps to prevent potential problems from escalating into a costly episode of identity theft.

Under the Rule, Red Flag Programs must have four parts.  First, the Program must include reasonable policies and procedures to identify signs – or “red flags” – of identity theft in the day-to-day operations of the business.  Second, the Program must be designed to detect the red flags of identity theft identified by the business.  Third, the Program must set out the actions the business will take upon detecting red flags.  Finally, because identity theft is an ever-changing threat, a business must re-evaluate its Program periodically to reflect new risks from this crime. 

The agencies promulgated the Red Flags Rule in 2007.  In December 2010, Congress enacted legislation narrowing the definition of “creditors” covered by the Rule.  The amended Red Flags Rule now provides that a creditor is covered only if, in the ordinary course of business, it regularly:

  • Obtains or uses consumer reports in connection with a credit transaction;
  • Furnishes information to consumer reporting agencies in connection with a credit transaction; or
  • Advances funds to or on behalf of a person, in certain cases.

The Commission is seeking comment on the Interim Final Rule for 60 days.  After the expiration of the 60-day comment period and a review of the comments received, the Interim Final Rule will become final.   

The Commission vote approving issuance of the Federal Register notice announcing the Interim Final Rule was 5-0.  The notice will be published in the Register shortly and can be found on the FTC’s Web site as a link to this press release.