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Free Speech Isn’t Free: The 1st Amendment For Commercial and Nonprofit Marketers

(418 reviews)

Produced on December 08, 2017

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Course Information

Time 60 minutes
Difficulty Intermediate

Course Description

The ability to communicate truthful, non-misleading messages to customers and donors is vital to any marketer, and the law guards reasonable consumers from false, deceptive, or unfair claims. Occasionally this can create tension between First Amendment protections of marketers’ speech and legal protections against deceptive advertising. In this program, advertising and nonprofit attorney Eric Berman, partner at Venable LLP, will review the latest developments in First Amendment jurisprudence around marketing for commercial and nonprofit marketers. This course will provide an overview of the law and its evolution, discuss how the law impacts different types of speakers (such as commercial advertisers, internet and social media platforms, and charitable fundraisers), and address recent First Amendment challenges to Federal Trade Commission actions brought by for-profit and nonprofit marketers alike.


Learning Objectives:

  1. Explain the general application of First Amendment protections to various types of marketing and advertising speech
  2. Distinguish issues faced by for-profit advertisers and nonprofit fundraisers
  3. Consider the most recent First Amendment challenges to government activity
  4. Discuss the current and future regulatory environment and assess risk for marketers

Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit

Faculty

Eric Berman

Venable LLP

Eric Berman's client service primarily involves counseling, regulatory advocacy, and litigation defense in the areas of consumer protection and antitrust. He represents large companies, trade associations, tax-exempt organizations, and closely held businesses before both the consumer protection and competition bureaus of the Federal Trade Commission ("FTC"), the Department of Justice’s Antitrust Division ("DOJ"), and the state attorneys' general. 


As part of Venable’s highly regarded advertising practice, Mr. Berman advises national retailers, manufacturers, nonprofits, fundraisers, telemarketers, financial services firms, and dietary supplement sellers on how to reduce risk associated with their advertising claims, marketing practices, and business operations. His practice increasingly focuses on helping organizations navigate complex and sometimes multi-faceted law enforcement investigations by federal and state regulators. Recently, Mr. Berman was lead defense counsel to multiple parties in the first consumer protection lawsuit ever filed by the FTC, all 50 state attorneys general, and the District of Columbia.


Mr. Berman is also an experienced antitrust attorney who has represented merging parties and third parties in complex merger reviews before the FTC, DOJ, and foreign competition authorities. He has also defended market-leading firms in complex litigation brought under Section 1 of the Sherman Act. Mr. Berman maintains a broad-based counseling practice in which he advises companies and associations about the antitrust risks associated with a range of business issues, and he has experience conducting internal investigations and implementing compliance programs for antitrust-sensitive firms.



Reviews

AM
Angela M.

good speaker, calm and methodical but not boring

RJ
Ray J.

The instructor was great and informative. And I spent 15 years in the consumer division of an Attorney General's Office on the other side of the fence from the clients this person represents. It was still a very informative presentation.

GS
Gordon S.

I have a working knowledge of this area of the law, and this was a good refresher.

JS
Jennifer S.

Never worked in the non-profit advertising arena so it was interesting to see the subtle differences in applicability

WV
Wendy V.

Good overview with additional resources included.

SM
Sarah M.

Enjoyed the presentation.

SS
Steve S.

Good course

JK
John K.

very thorough

MH
Mark H.

very good

WP
Walter P.

A most knowledgeable speaker who knows his field well. Rare can I say about a CLE course that it was actually entertaining, in an intellectual way. Thank you for the outstanding choice of presenters.

LH
Laurence H.

Excellent program on a very difficult subject!

CB
Christopher B.

Good speaker. Interesting.

AB
Amy B.

Good speaker

ET
Ellen T.

nice job

DO
Daniel O.

Interesting course

KG
Kenneth B G.

Excellent speaker

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