Monday, March 30, 2020
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AUTHOR NAME

Richard B. Newman

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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.

Does Coronavirus Excuse Non-Performance Under a Contract?

The Coronavirus outbreak has raised a number of issues relating to contractual performance obligations. An excuse for non-performance of contractual obligations may...

State Attorneys General Ask FTC to Increase Negative Option Marketing Enforcement

A coalition of twenty-three state attorneys general, led by New York AG Letitia James and Pennsylvania AG Josh Shapiro, recently submitted a...

Legal: California Governor Passes Data Broker Registration Law

If compliance with the California Consumer Privacy Act isn’t enough to fill marketers’ compliance plates, California Governor Gavin Newsome has signed a...

LEGAL: Review Websites Are Top FTC Enforcement Priority

In February 2019, the Federal Trade Commission brought its first case challenging fake paid reviews on an independent retail website. In settling the agency’s...

New Nevada Privacy Law

Nevada’s new privacy law became effective on October 1, 2019. It provides Nevada residents with a limited right to opt out of the sale...

FTC Testifies Before Congressional Subcommittees About Consumer Protection Work

In recent testimony before the House Appropriations Subcommittee on Financial Services and General Government, the Federal Trade Commission described its work to protect consumers...

Seventh Circuit Drops Bomb on FTC

As previously blogged about here, the FTC’s enforcement authority has been under attack. The agency authority to obtain disgorgement under a theory of “ancillary...

TCPA Update: Court Rules Predictive Dialer Not an ATDS

Courts continue to grapple and split on what qualifies as an "automated telephone dialing system."  This creates uncertainty for telemarketers about potential liability exposure...

TCPA Claim Dismissed Based on Consent Grounds

A federal court in Ohio recently granted a motion to dismiss a TCPA case because the plaintiff did not properly alleged that he did...

FTC and FDA Warning Letters Instructive for Cannabis Advertisers

The Federal Trade Commission and the U.S. Food and Drug Administration recently sent joint warning letters to four companies that manufacture and advertise flavored liquids used...

SCOTUS Limits Disclosure of Confidential Records Under FOIA

On June 24, 2019, in the matter of Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that confidential commercial and...

FTC Announces New Crackdown on Illegal Robocalls

The Federal Trade Commission and its law enforcement partners have announced a crackdown on illegal robocalls, including 94 actions targeting operations around the country...

New York Attorney General Internet Marketing Investigations and Subpoenas

The New York Attorney General’s Office is perhaps the most aggressive state regulatory agency in the nation when it comes to regulating ad tech. ...

Federal Government Enhances Focus on Corporate Compliance Programs

The U.S. Department of Justice’s Criminal Division recently released an update to the guidance document “Evaluation of Corporate Compliance Programs.” Immediately thereafter, the Department of...

Latest news

Does Coronavirus Excuse Non-Performance Under a Contract?

The Coronavirus outbreak has raised a number of issues relating to contractual performance obligations. An excuse for non-performance of contractual obligations may...

Ways to Avoid Spam Traps in Email Marketing

New research by Trustwave reveals that 26 per cent of spam is infected with malware. As a result spam filters are getting...

How to do Email Marketing During Coronovirus

During a crisis, your email communication can make or break your business. Even more importantly, it can help, hurt, or confuse people.  You...

Feds Go After Coronavirus Scammers including Jim Bakker

The Federal Trade Commission and Federal Drug Administration took action by sending warning letters to several companies for allegedly selling products using...

Affiliate Vs Partner – What’s in a Name?

There has been a lot of discussion in social forums, blog posts and conference sessions about the use of the term affiliate and/or partner marketing. 'Affiliate vs Partner' was even the Keynote panel session at Affiliate Summit West this year - and even that was inconclusive.
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