Sunday, January 26, 2025

Most recent articles by:

Richard B. Newman

Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

FTC Says what “Up To” Means

On June 29, 2012 the Federal Trade Commission released a study regarding use of the phrase “up to” in conjunction with representations made in...

Employee or Independent Contractor?

Hiring employees involves both benefits and burdens. A fundamental benefit is that you can exercise a certain degree of control over employees in furtherance of...

Affiliate Industry Do Not Competes

We all know that in the performance marketing industry a covenant not to compete can be a valuable asset.  Distinguished from a non-disclosure agreement,...

Where to Sue and Collect!

The interactive marketing space presents a unique set of legal challenges, including what jurisdiction to file a lawsuit in.  Whatever the amount that is owed,...

Verizon Urges FCC to Back-Off of Anti-Cramming Rules

Verizon is urging the Federal Communications Commission ("FCC") to desist from imposing “anti-cramming” rules on the wireless telecommunications industry. "Cramming" is the practice of placing...

New Company? Intellectual Property Issues Are Growing

Oftentimes, intellectual property (IP) is considered the most valuable asset of technology companies.  As a result, timely action is necessary to ensure ownership and...

FCC Tightens up SMS and Telemarketing Regulations

The Federal Communications Commission (“FCC”) has significantly amended its regulations under the Telephone Consumer Protection Act (“TCPA”) which governs the use of pre-recorded calls...

False Headers Violate California Law Says Court

On February 24, 2012 in the matter of Balsam v. Trancos, Inc., the California Court of Appeal  held that: (1) commercial e-mail header information...

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Data, Dance, and Daring Campaigns: Erin Levzow’s Approach to Building Loyalty

How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing...

Streaming’s Big Lie: The Future of TV Is Already Broke

Streaming was supposed to be the savior of TV—the...

How to Narrow the Scope of Information Sought by an FTC Civil Investigative Demand (CID)

A civil investigative demand (“CID”) is the instrument by...

The Good, the Bad, and the SPO-ly

The Hidden Flaws Behind Ad Tech’s Favorite Buzzword. Supply Path...

 2024: Goodbye Impressions, Hello Attention

Attention Metrics: The Ad Industry’s New Favorite Buzzword  2024 will...

Display Advertising: The Zombie That Refuses to Die (And Why You Should Care)

Ah, display ads. Like bell-bottoms and vinyl, they’ve been...

Ditch the Dirty Blanket: Facing the Funky Truth of Ad Spend

Look, marketing land is littered with marketers clinging to...

When Ad Titans Tango: Omnicom and IPG’s $25 Billion Waltz to Dominance

In a move that has the advertising world clutching...

Drew Stein: Master of the Hadron Helm, Now Steering Experian’s Adtech Ship

There’s now a saying in adtech: when PR people...