The advertising, marketing, and promotional industry is undergoing major changes. Web-based and mobile technology created unprecedented distribution channels, and the nature of advertising has changed from the traditional print, radio and television monologue to conversations on social media, mobile messaging platforms, wireless interactions and augmented reality experiences. Online behavioral marketing, geo-location targeting, native advertising, in-game product placement, SMS promotions, viral blogs, and user-generated content are part of our everyday experiences.
Consumers are taking more control over how, when and where they view content, challenging advertisers to place advertising where it will have the greatest chance to be seen and perhaps the greatest likelihood of eliciting a response. As a result, native advertising, branded entertainment, online-in-game product placements and programmatic buying are proliferating in an attempt to capture more ‘eyeballs’ and data about the consumers to which they are attached.
Regulators have not been blind to these changes, as laws and regulations that may have applied in the last millennium are either outdated or irrelevant – so new ones are being created to fill the vacuum. Promotional techniques such as celebrity endorsements, consumer and expert testimonials have been made subject to these new regulations. At the same time, advertisers, ad agencies and ad publishing networks are at odds over click-fraud and transparency in a world where suspicion has begun to creep into the previously unassailable trusted relationships amongst the players in the industry itself.
This course, presented by Joe Rosenbaum, a partner at Rimon, P.C., will review the basic principles of advertising law as they relate to these new technologies, platforms and distribution channels, and will explore the latest trends in advertising, marketing and promotions, the changing landscape and issues confronting the advertising industry and some of the corresponding legal and regulatory responses and requirements.
Joe is an internationally recognized and highly valued media, entertainment, marketing and promotions, corporate-commercial transactional lawyer, known as much for his strategic advice and policy acumen, as his legal skills and judgment. Prior to joining Rimon, Joe was a partner in the New York office of Reed Smith LLP and prior to private practice, served for 17 years as an in-house lawyer for American Express, including 4 years in Toronto as Vice President & General Counsel of Amex Canada.
Joe’s extraordinary background, the scope of his experience and understanding of traditional legal considerations enables him to stay at the forefront of today’s innovative digital and mobile technologies. Joe is equally at home working on film production and financing, streaming video and music services, co-branded credit card matters or data protection implications of loyalty rewards programs, as he is working on international gaming, online promotions, digital payment systems, complex outsourcing transactions or mobile marketing campaigns. As a trusted advisor, Joe has negotiated executive and board level agreements and is routinely sought out for counsel regarding strategic plans, revenue growth, business and product development.
Over almost four decades, Joe has worked collaboratively and successfully with clients around the world and in virtually every industry: media, sports and entertainment, including film, television, music and publishing; financial services and payment systems; advertising, promotions and celebrity endorsements; marketing, brand management and loyalty-rewards programs; online, mobile and video gaming and sports betting; travel, lifestyle and travel related services, including airlines and hotels; digital and mobile technology and telecommunications; procurement, sourcing and outsourcing; virtual and augmented reality. His work routinely requires him to advise and work with clients on matters involving privacy, data protection, cybersecurity, compliance, crisis, fraud and risk management.
Combined with Rimon’s attorneys, Joe’s network of professionals developed through almost four decades of national and international practice is unparalleled - giving Joe the ability to get help and provide clients with the resources they need anywhere, anytime, on virtually any matter.
In addition to his legal work, Joe has served on numerous corporate, non-profit and industry association advisory boards and continues to advise commercial enterprises, associations and industry groups around the world.
Great presenter. Clear, concise and useful information!
Fascinating overview of ad law. Who knew there were so many ways to get in trouble? This is good information for any GC.
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