Online Sweepstakes And Contests As Promotional Devices
November 26, 2007
Online sweepstakes and contests are well known devices that traditional and e-commerce firms and related operations frequently use to promote their products and services. While these tools of the online-promotions and online-marketing trade offer the promise of a cost-efficient way to target interested consumers and create a great deal of buzz, they are hardly trouble-free, and a myriad of traps await the unwary. The attorneys general of several states closely regulate and monitor sweepstakes and contests, and failure to conduct promotional and marketing campaigns properly can result in enforcement actions and consumer lawsuits, so be sure to operate a sure thing instead of taking a gamble.
When Legal Spam Isn't Spam
November 26, 2007
Demands for consumer 'extra effort' from Web merchants or service providers could become very common after a mid-2007 federal court ruling ' <i>Douglas v. Talk America, Inc.</i> In that case, a federal appeals court considered what it labeled an 'issue ' of some significance, (which) potentially affects the relationship of numerous service providers with millions of customers: ' whether to enforce a modified contract with a customer where the customer claims that the only notice of the changed terms consisted of posting the revised contract on the provider's Web site.'
Is Anyone Out There?
November 26, 2007
The recent flurry of activity in behavioral targeting has privacy advocates sharpening their proverbial claws and ready to enter the fray. Indeed, between Google's merger with DoubleClick, AOL's acquisition of Tacoda, and Facebook's announcement that it may leverage user information to generate advertising revenue, there's plenty to talk about. For e-commerce counsel, the primary issue emerging is whether our jurisprudence can balance privacy interests against the advertisers' business interests, or whether such things are better left to those most vested in the issue. This article delves into the relationship between the quality of the online experience and the extent to which personal information should be shared with commercially interested parties.
Turbo-Charge Your Table of Authorities
November 26, 2007
Does anyone in your firm still use ledger sheets and a calculator for computations rather than set up a spreadsheet? Absolutely not! Does anyone in your firm create footnotes manually instead of using the 'Insert Footnote' feature in your word processing program or, worse, hand redline a document? Never! Using these old methods despite software that is taken for granted today seems, well, inconceivable. However, if your litigation attorneys and secretaries are not using productivity-enhancing software to prepare their tables of authorities ('TOAs'), they are missing out on a major opportunity to streamline their production of briefs.
Maximizing the Power of Virtual Data Rooms
November 26, 2007
Virtual data rooms ('VDRs') offer legal and financial professionals an array of advantages. Overall, VDRs make it possible for lawyers and other deal advisers to focus more on the substantive work to be done and less on procedural aspects of deal management.
Online Sweepstakes and Contests As Promotional Devices
November 26, 2007
Online sweepstakes and contests are frequent devices used to promote companies and their products and services. While these tools of the online promotions and marketing trade offer the promise of a cost-efficient way to target interested consumers and create a great deal of buzz, they are hardly trouble-free and myriad traps await the unwary. The Attorney Generals of several states closely regulate and monitor sweepstakes and contests and failure to conduct the campaign properly can result in regulatory enforcement actions and consumer lawsuits.
Industry's Lead Counsel in Music-Sharing Suits Discusses Procedural Aspects of Campaign
November 26, 2007
The RIAA has filed thousands of legal actions since its campaign against unauthorized file sharers began in 2003. For the past two years, Holme Roberts & Owen (HRO), based in Denver, CO, has served as national coordinating counsel for these cases. HRO partner Richard L. Gabriel, the record industry's lead counsel in its national campaign, gave an update on the industry's legal efforts against file sharing in a discussion at his office with <i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher.
WHAT DID NOT WORK II.
November 19, 2007
WHAT DID NOT WORK II. This is the second in a series of comments on why in-house counsel rejected law firm business development efforts. Attorneys marketing must consider a wider range of sales considerations than typically brought to the table. Following are more examples of what I have heard counsel discuss law firm marketing presentations: 1. Make sure everyone on your team sits facing the inside counsel. Don't insult them by looking out the window or keeping…
WHAT DID NOT WORK II.
November 19, 2007
WHAT DID NOT WORK II. This is the second in a series of comments on why in-house counsel rejected law firm business development efforts. Attorneys marketing must consider a wider range of sales considerations than typically brought to the table. Following are more examples of what I have heard counsel discuss law firm marketing presentations: 1. Make sure everyone on your team sits facing the inside counsel. Don't insult them by looking out the window or keeping…
