Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel


Arent Fox advises on all aspects of advertising and trade regulation law. We counsel businesses on how to avoid and respond to investigations by federal and state government agencies for alleged false advertising, unfair sales, and marketing practices. We litigate false advertising and unfair competition claims between competitors in court and in the industry’s self-regulatory proceedings.


Arent Fox Partner Anthony Lupo Speaks in Panel Discussion at 2014 Legal and Regulatory Conference

On April 9, 2014, Anthony V. Lupo will participate in a panel discussion about advertising and updates in the FTC at the 2014 Legal and Regulatory Conference. The panel, titled “Don Draper in the Digital Age: How Technology is Changing the Law of Advertising,” will cover topics such as native advertising, social media, the internet of things and consumer consent, and behavioral advertising.


Do Clothing Manufacturers Need to Rethink Marketing Tactics for Outlets?

Four members of Congress recently asked the Federal Trade Commission to launch a federal investigation into the marketing practices conducted by outlet stores. They are arguing that because of the way outlets market their products, consumers may be unaware that lower quality items never intended to be sold at the regular retail store are often made available in the retailer’s outlet collection.

Sarah Bruno to Speak During ANA’s Advertising Law and Public Policy Conference

On April 24, 2014, Sarah L. Bruno will present “We’re All Buzzing! Substantiation in the Tech Industry” during the Association of National Advertisers’ Advertising Law & Public Policy Conference. As with past conferences, attendees will hear from important regulators on key issues that are shaping the legal and political climate for advertising and marketing.


California State Court Decision Could Spell Trouble for Some Online Retailers

A recent state court decision in California could prove a major headache for online retailers that engage in comparative price advertising. Although the decision — People of the State of California v. — is not binding precedent and its future on appeal is far from clear, the decision suggests that retailers may be forced to adopt more rigorous internal standards when engaging in comparative price advertising.


News Roundup: The Negative Option and Fantage

Opt-In or Else: Maryland Introduces Negative Option Bill


Oh BehAve! The BBB Is Watching

The Council of Better Business Bureaus (BBB) recently announced that it will be increasing its enforcement efforts for website operators that participate in online behavioral advertising (OBA), which is targeted advertising to consumers based upon their interests. The BBB is responsible for enforcing the self-regulatory code created by the Digital Advertising Alliance (DAA), which requires website operators to provide additional information regarding their OBA activity.


FTC Approves New COPPA Safe Harbor Program

The Federal Trade Commission (FTC) has recently approved the kidSAFE Seal Program’s kidSAFE+ seal as a safe harbor program through which companies can demonstrate compliance with the Children’s Online Privacy Protection Act (COPPA) Rule.


CrossFit Legal Muscle No Match for the “CrossFit Mama”

According to a recent ruling in the US District Court for the Northern District of California, CrossFit may have violated the Digital Millennium Copyright Act (DMCA) by submitting a DMCA takedown request to Facebook based on trademark rights instead of copyrights. The case is a reminder that there are consequences under the DMCA for companies that fail to exercise caution when policing their trademark rights and copyrights on the internet.


News Roundup: Google, Facebook, LinkedIn Grab Headlines

FTC Calls Unreasonable Security an Unfair Trade Practice

A lawsuit filed by the Federal Trade Commission (FTC) against Accretive Health, Inc. reminds employers to ensure they have a policy in place to manage employee use, access and control over personal data. The FTC investigation began when an Accretive employee’s laptop, storing the sensitive health information of 23,000 patients, was stolen.


What’s in a Name? A Juice by Any Other Name Does Taste as Sweet, Says The Coca-Cola Company

The US Supreme Court has agreed to consider a dispute between Pom Wonderful (Pom) and The Coca-Cola Company related to whether a drink label can be considered deceptive under federal false advertising laws, but permissible under regulations of the Food & Drug Administration (FDA). A decision in the case could have a significant impact on federal false advertising litigation and potentially force some companies to reexamine their food labeling practices.


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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.