Callaway and the SAG Plans Settle

In February 2007 the Callaway Golf Company sued the Screen Actors Guild Health the Pension Plans, seeking a declaratory judgment that the P&H allocation for covered services made by Callaway on behalf the the golfers who appeared in Callaway commercials was sufficient and that the allocation demanded by the plans was excessive. The parties settled the case on January 31, 2010 after years of discovery and nearly a week into the bench trial. The settlement is attached. Unlike many past settlements of allocation disputes and suits to enforce the provisions in the Commercials Contract, the Callaway settlement is public and free for all to see.

What We're Reading 3/29/2010

What We're Reading

PC World: FTC Member Rips into Google's Privacy Efforts

Several major U.S. Internet companies, including Google and Facebook, need to "step up" and better protect consumer privacy or face tougher penalties from the U.S. Federal Trade Commission, a commissioner said Wednesday.

 

FTC.gov: Promoter of Credit Repair, Debt Relief Services to Settle FTC Charges

A promoter of credit repair and debt relief services has agreed to settle Federal Trade Commission charges that he deceived consumers into paying thousands of dollars based on false promises that he could help solve their credit and debt problems.

 

USA Today: More cities ban digital billboards

As the USA cracks down on texting while driving, more than a dozen cities around the nation have banned what some consider a growing external driving distraction: digital billboards.

 

Mediaweek: Web Video Audience OK With More Ads, Report

Hulu is leaving some serious money on the table.

While its parents companies NBC Universal, News Corp. and Disney wrestle with the possibility of imposing a subscription fee on Hulu to offset what they perceive as lost ad revenue from TV, they might be better off simply dialing up the number of ads that run on the site, according to comScore.

 

CNET: More Americans use TV, Internet at same time

The marriage of TV and the Internet continues with a new Nielsen report finding more people surfing the Web and watching TV at the same time.

What We're Reading 3/23/2010

 What We're Reading

Environmental Leader: Mislabeled Plastic Bottles Vex PET Recyclers
These days, almost every plastic bottle indicates that it’s recyclable. As far as two plastics recycling associations are concerned, that’s just the problem.

A preponderance of bottles falsely labeled as PET or PET-compatible is causing problems for recycling companies, reports PlasticsNews

 

Adage: Big Pharma Urges FDA to Adopt New Rules for Web Marketing

Seeks 'Good Housekeeping Seal'-Type Approval for Ads on Web, Social Media

Big Pharma is making one last push to the Food and Drug Administration urging the regulatory agency to quickly adopt new guidelines for marketing on the web and using social-media tools.

 

DIRECT: EBay Sued for Violating Disabilities Act

A federal class-action lawsuit filed against eBay claims that the auction website discriminates against hearing impaired because it requires potential sellers to verify their identity via telephone. The suit, Earll v. eBay, was filed on March 16 in Springfield, MO.

 

LA Times: Judge approves $9.5-million settlement of lawsuit over Facebook's Beacon program

The social networking site denied wrongdoing but agreed to end the program, which published what users were buying, last November.

After reviewing objections, a San Jose federal judge has approved a $9.5-million settlement of a class-action lawsuit over social networking site Facebook's Beacon program that published what users were buying.

 

SF Gate: S.F. lawyer awarded $7,000 from e-mail spammer

A judge has awarded a San Francisco attorney $7,000 in damages in a rare trial under California's anti-spam law - $1,000 for each unsolicited, misleading commercial e-mail he received.

Reed Smith Attorney Hits a Double With Social Media

Reed Smith partner John Hines recently hosted in our Chicago office a panel discussion on the topic of "Managing Social Media Risks, What your Company Needs to Know." John and some of his Reed Smith colleagues were joined by Blair Klein, Director of Emerging Communications for AT&T, and Brent Franson of Reputationdefender.com and CEO of the newly formed Online Reputation Management Association. In addition to Blair and Brent, the panel consisted Sarah Wolff, Carolyn Rosenberg and Jim Burns of Reed Smith. Sarah, Jim and Carolyn did a fantastic job in imparting their practical wisdom relating to insurance, public companies and the SEC, employment, and the new FTC guidelines. Blair spoke about some of the interesting internal social media sites that AT&T has created to capture employee ideas and creativity, and Brent fielded a series of questions and issues relative to reputation management. The feedback from the event has been very positive. 

In addition, on March 4, John Hines was a featured speaker on social media at a general session of the 2010 AT&T Legal Conference, a four-day conference in Dallas attended by 550 AT&T lawyers worldwide and other AT&T managers. John's presentation focused on "The Threat and Promise of Social Media," namely:

The Threat: it's viral, its transparent, self-correction often doesn't work (Cass Sunstein--OMB), permanence/infinite searchability; data capture and spread is, according to some, "out of control." Our personal and corporate reputations are in the hands of others; everyone is in the ratings game; etc. 

The Promise: huge opportunities to leverage good messages; power to harness collective intelligence; Rifkin new book--The Empathic Civilization: Showing Connectivity is a Basic Human Desire--social media is a model to solve really big problems like energy sharing, etc.; new IP models, crowd sourcing, open source, creative commons; wikis; virtual worlds; etc.

John has graciously provided us with a copy of his AT&T Deck. If you have any questions about the Deck or how social media may be affecting your company, please contact John Hines, Doug Wood or your local Reed Smith attorney.

What We're Reading 03/15/2010

What We're Reading 

Excite News: 'Wardrobe malfunction' fine to be reconsidered

A federal appeals court will re-examine the FCC fine it threw out against CBS over Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show.

 

Adage: How Jeff Bridges Voice-overs Imperiled Hyundai's Oscars Blitz

Kim Basinger, Richard Dreyfuss and Others Helped Hyundai Comply With Oscars Rules at the Last Second

Hyundai Motor America was all ready to bombard this year's Oscars with a raft of commercials -- seven different spots were locked, loaded and ready to go. With just a few weeks to go before the March 7 ceremony, however, the company was told its commercials were unfit for air.

 

Atlanta Journal-Constitution: New York soda tax proposal pours a big glass of controversy

At first glance, it doesn't sound like much: A tax of one cent per ounce on sodas in New York. But the line item in New York Governor David Paterson's budget reverberates from Albany, N.Y., to Washington, D.C., and down to Atlanta. Ripples could be felt across the country.

 

NY Times: A Cover Ad That Mimics a Newspaper’s Front Page

The entire first page of The Los Angeles Times on Friday was an ad that looked, in part, like the front page of The Los Angeles Times, as the newspaper again tested the accepted limits on where ads can be published and how they can blur the boundary with news.

Increase in NAD Fee for CBBB Members

Effective March 15, 2010, the Council of Better Business Bureaus (CBBB) will be raising the CBBB Corporate Partner filing fee to $3,500 from $2,500 for filing a NAD challenge.

This is the first increase in the Corporate Partner filing fee since 2005 and continues to represent a very significant discount to the filing fee charged to companies that are not CBBB corporate partners. Non-CBBB Corporate Partners pay between $6,000 and $20,000, depending on size of the company in terms of gross annual revenue. The CBBB states that the increase in the Corporate Partner filing fee will help it ensure that the NAD staff can continue to provide a high level of service to its users.

Why This Matters

This increase is likely to have no impact on a company’s decision whether to bring an action before the NAD. Using the NAD is a uniquely efficient way to resolve advertising disputes that cannot be resolved by a cease-and-desist letter. The cost of arbitration through commercial arbitration sources is far more expensive generally and does not offer the experience the NAD has with advertising cases. A civil action could cost three or four times as much just to get to a preliminary injunction hearing. There are many reasons why one might choose civil litigation under 43(a) of the Lanham Act rather than the NAD, but cost isn’t one of them.

Adam Snukal to Speak at DMA's Mobile Marketing Day Conference

Adam Snukal is participating as a co-presenter on the topic of Legal Do's and Dont's in Mobile Marketing at this year's Mobile Marketing Day Conference on March 4, 2010, sponsored by the Direct Marketing Agency.

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