On December 5th, 2018, Terrence Ferguson, better known as 2 Milly, filed a complaint in the United States District Court for the Central District of California alleging that Epic Games, Inc. committed copyright infringement and violated right of publicity and unfair competition laws by implementing the “Milly Rock” dance into their free-to-play video game Fortnite
Keri S. Bruce
ANA Releases Latest White Paper on Transparency in Wake of FBI Investigation
The Association of National Advertisers (ANA) and Reed Smith released a white paper – Media Buying 2018: Transparency at a Crossroads – reporting on the state of transparency in the advertising industry and the recently announced FBI criminal investigation into agency media buying practices. Pursuant to the FBI’s request, the ANA notified its advertiser members…
ANA Legal and Regulatory Webinar: Data Transparency
At the ANA’s March ANA Advertising Law & Public Policy Conference, a panel discussed how advertisers need to be on top of who has, or is, collecting advertiser data, what are they doing with it, how to access to it, and whether (or how) to use those data assets in data-driven transactions.
As a…
Reed Smith and the #SeeHer Movement
Reed Smith is pleased to announce that it is the first law firm to become a member of the #SeeHer Movement, an initiative which aims to create a more accurate portrayal of women in the media. Despite the great strides made to accurately portray women and girls in the media, there still exists an unconscious…
Feds Investigate Ad Agency Media Buying Practices
According to the Wall Street Journal, federal prosecutors in Manhattan have opened an investigation into media-buying practices in the advertising industry, and have begun to issue subpoenas. The investigation will reportedly look at, among other things, alleged non-transparent practices, including whether advertising agencies received rebates from media outlets. The investigation comes after the 2016 …
Facebook and Employers Are Subject to Gender Bias Employment Complaint
Several women and the Communications Workers of America have brought an Equal Employment Opportunity Commission (EEOC) complaint against Facebook and 10 employers who advertise on the social network, alleging that the companies are in violation of laws prohibiting sex-based job discrimination.
By allowing employers to target job ads based on gender and seek only men…
ID Comms Releases Latest Report on Media Transparency
ID Comms, a media and advertising consultant, recently released its 2018 Media Transparency Report. While the Report indicates that the advertising industry is hopeful that trust and transparency may improve down the road, it paints a rather bleak view of the current state of affairs.
Highlights from the Report include that about 40% of…
Commercial Co-Ventures Beware
On July 19, 2018, it was announced that Operation Troop Aid (“OTA”) entered into a settlement with multiple states, including California, Delaware, New York, Pennsylvania, Virginia and Washington, for participating in an unlawful charitable commercial co-venture with Harris Originals of NY, Inc. (“Harris Jewelry”) a nationwide jewelry retailer for military personnel. In its simplest form,…
ANA Releases Version 2.0 of Media Agency Template
The Association of National Advertisers (ANA) released version 2.0 of the ANA Master Media Buying Services Agreement. The original template was issued in July 2016 as a supplement to the ANA’s landmark report on media transparency, conducted with K2 Intelligence. Among other aspects, the new template includes language designed to reflect best practices on a…
What’s next for the advertising industry? Blockchain
Industries are increasingly harnessing blockchain technology in new and innovative ways. Blockchain – a digital record, or ledger, of transactions – has the potential to revolutionize the way in which we conduct business across a variety of sectors, including the advertising industry. The application of Blockchain technology in the advertising industry is in its nascent…