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Sci-fi fans will be familiar with the interactive ads featured in the world of the film Minority Report, starring Tom Cruise, where upon entering a shopping mall, shoppers’ eyes were scanned to allow the shops to specifically target ads based on a particular shopper’s previous habits, e.g. "Good afternoon, Mr. Yakamoto. How did you like…

When businesses pay for goods and services, they generally like to receive them. Unfortunately, as any bankruptcy lawyer will tell you, this consistent desire is not matched by uniform experience.

Most recently, the bankruptcy of KSL Media again illustrated the risks and concerns when an advertiser entrusts significant funds to an entity that is too thinly capitalized or, as some allege, guilty of diverting funds that were to be passed through and in breach of a fiduciary duty to its clients. KSL’s bankruptcy, of course, was also noteworthy not because KSL was a start-up, but because it was not. We might expect capitalization risks with start-ups. But KSL was an established media company that failed. So the question remains: how can advertisers protect funds entrusted to suppliers, particularly those that are earmarked for payments to third parties?
Continue Reading Is There a Bankruptcy Lawyer in the House?

The internet was set alight last week with witty remarks from Jonathan Perelman, vice president of BuzzFeed, at this year’s Abu Dhabi Media Summit as he proclaimed users are, “more likely to summit Mount Everest than click on a banner ad”. His comments are timely as the industry has recently woken up to the effectiveness …

The future of the Do-Not-Track working group remains unclear, according to a recent survey taken among its participants. Forty-three of the 100 or so working-group participants submitted responses to the survey, which proposed five paths for the group moving forward.

According to the survey, 17 participants voted that they have “no confidence” in the group and that all work should be discontinued. Some of the comments described the proceeding as “so flawed [that] it’s a farce.” Others called the progress made to date, “shameful.” Other participants remained somewhat more hopeful; though, ideas on how to achieve a more meaningful Do-Not-Track standard varied. Twenty-six participants voted against continuing to stay on the current path and resolving the remaining open issues as outlined in the proposal. The remaining proposals, which garnered the most votes, recommended splitting up the working group’s focus on establishing a technical means for sending a Do-Not-Track signal and establishing compliance standards for when a company receives a signal.
Continue Reading Do-Not-Track Working Group: Survey Shows Dwindling Support

With news in this week that a certain Swedish retailer has joined the list of companies whose beef products have been found to contain elements of horsemeat, it is interesting to take a look at how the advertising industry has reacted to this debacle. Many brands are using the now Europe-wide “horsemeat scandal” to their…

In 2012, streaming entertainment accounted for almost half of peak Internet traffic.  In 2013, the online viewing phenomenon continues to generate massive amounts of actionable information about named consumers, from interests to habits to schedule to mood.  Until now, the Video Privacy Protection Act – launched in the heyday of VHS – has blocked companies…

On Monday, the French Internet service provider, Free, reneged on its original decision to place a default ad-blocking filter on its customers’ routers after receiving pressure from advertisers and the French government. To learn more about this story, read the latest post on our Advertising Compliance blog, ReACTS.
Continue Reading French ISP Restores a “Free” Internet for Advertisers

As you are aware, for the last several years, the industry and SAG-AFTRA have been jointly engaged in a progressive study to investigate, develop and build a GRP-based residual system as an alternative to the current residual payment model under the SAG Television + AFTRA Television Commercials Contracts.

The industry and the unions agreed as part of the 2009 Commercials Contracts negotiations to conduct a year-long pilot test of such a system and which is called the “GRP-E Pilot.” In addition the parties agreed to hold early bargaining on or about October 2011 to discuss the results of the GRP Pilot and bargain over the possible implementation of the GRP System. The parties subsequently agreed to defer that obligation as part of a one-year extension of the obligation to bargain successor agreements to the 2009 Commercials Contracts.
Continue Reading Industry and Union agree to Clearinghouse Initiative