http://www.abajournal.com/news/ en Copyright 2013 2013-05-25T04:07:14-06:00 http://www.abajournal.com/magazine/article/suit_tries_to_rein_in_digital_billboards/ Advertising Law, Real Estate & Property Law, Trials & Litigation, Opening Statements Wed, 01 May 2013 04:30:06 -0500 43786.abajournal.com http://www.abajournal.com/news/article/lawyers_may_solicit_clients_by_text_messages_if_rules_are_followed_ohio_eth/ Text messages may be “a novel approach to client solicitation,” but they aren’t barred under traditional ethics rules, according to the Ohio Supreme Court's ethics board. In an April 5 opinion (PDF), the board said lawyers may solicit clients by text messages as long as they follow telemarketing… Advertising Law, Business of Law, Law Practice Management, Legal Marketing & Consulting, Legal Technology, Legal Ethics Mon, 29 Apr 2013 05:55:20 -0500 43936.abajournal.com http://www.abajournal.com/news/article/man_who_paid_hospital_workers_for_patient_info_used_to_sell_medical_and_leg/ A man who admittedly paid husband-and-wife hospital employees over $10,000 to provide confidential patient information that was used to solicit individuals for additional medical and legal services was sentenced this week to four years in federal prison. Sergei Kusyakov, 39, pleaded guilty in January to conspiracy to defraud the United… Advertising Law, Consumer Law, Criminal Justice, Sentencing/Post Conviction, Health Law, Privacy Law, 11th Circuit Court, States, Florida Wed, 10 Apr 2013 11:22:19 -0500 43667.abajournal.com http://www.abajournal.com/news/article/law_firm_cant_sue_better_business_bureau_for_f_rating_under_lanham_act_fede/ A law firm that says it lost clients over disparaging reviews published by the Better Business Bureau of Central Florida Inc. lacks a basis for filing suit under the Lanham Act, a federal judge in Orlando has ruled. Because the BBB is not a competitor of the plaintiff, Kaufman, Englett… Advertising Law, Intellectual Property Law, Trademark Law, Law Firms, Tort Law, Trials & Litigation, Verdicts & Settlements, 11th Circuit Court, States, Florida Wed, 20 Feb 2013 15:22:55 -0600 42946.abajournal.com http://www.abajournal.com/news/article/tiffany_suit_alleges_costco_co-opted_the_jewelers_name_in_ring_sales/ A trademark lawsuit filed by Tiffany on Valentine’s Day claims Costco was falsely promoting engagement rings in its stores with the jeweler’s name. The suit, filed in federal court in Manhattan, claims Costco salespersons were referring to “Tiffany” engagement rings, report Reuters and the Advertising Law, Intellectual Property Law, Trademark Law, Trials & Litigation Fri, 15 Feb 2013 07:25:36 -0600 42886.abajournal.com http://www.abajournal.com/news/article/if_you_brag_in_legal_ad_back_it_up_says_florida_supreme_court/ Florida lawyers can now list their successes in advertising, a divided state Supreme Court ruled Thursday, but the information must be verifiable, the Associated Press reports. One still can’t describe oneself in advertising as “the best trial lawyer in Florida,” the opinion (PDF)… Advertising Law, Business of Law, Law Practice Management, Legal Marketing & Consulting, Legal Ethics, Trials & Litigation, States, Florida Fri, 01 Feb 2013 12:55:38 -0600 42650.abajournal.com http://www.abajournal.com/news/article/red_bull_delivers_no_more_energy_than_coffee_lawsuit_alleges/ A class action lawsuit filed on Tuesday seeks to ground marketing claims by the makers of Red Bull that the energy drink “gives you wings.” According to the suit filed in Manhattan federal court, Red Bull claims its mixture of ingredients improves physical and mental performance. But the suit claims… Advertising Law, Consumer Law, Trials & Litigation Thu, 17 Jan 2013 11:00:22 -0600 42419.abajournal.com http://www.abajournal.com/news/article/doj_mulls_joining_whistle-blower_suit_claiming_lance_armstrong_violated_pos/ The U.S. Justice Department has a Thursday deadline to decide whether to join a whistleblower suit that contends Lance Armstrong’s doping violated a sponsorship agreement with the U.S. Postal Service. The New York Daily News puts the value of the sponsorship agreement at $30 million,… Advertising Law, Contracts, Entertainment & Sports Law, Government Law, Trials & Litigation Wed, 16 Jan 2013 10:14:48 -0600 42388.abajournal.com http://www.abajournal.com/news/article/freaked-out_social_media_users/ Updated: In response to social media users freaking out over new Instagram terms of service that seemingly give the site the right to use an individual's photos—"along with any associated metadata"—for advertising purposes, a leader of the site is promising that the new terms of service… Advertising Law, Contracts, Corporate Law, Intellectual Property Law, Media & Communications Law, Privacy Law Tue, 18 Dec 2012 15:49:48 -0600 42103.abajournal.com http://www.abajournal.com/news/article/judge_to_consider_suit_challenging_most_brilliant_diamonds_claim_by_zales_j/ An Ohio federal judge on Monday will consider a request for a preliminary injunction to stop the Zales jewelry chain from claiming its Celebration Fire stones are the "most brilliant diamonds in the world." The suit was filed against the Zale Corp. by Sterling Jewelers Inc., a unit of a… Advertising Law, Consumer Law Mon, 17 Dec 2012 09:09:15 -0600 42065.abajournal.com http://www.abajournal.com/news/article/jaffee_dies/ Jay Jaffe, who pioneered the business of law firm marketing after the U.S. Supreme Court gave a green light to such advertising in a landmark 1977 decision, died last week. He was 68 years old. A Chicago native, Jaffe worked as a journalist before establishing Jaffe PR… Advertising Law, Business of Law, Law Practice Management, Legal Marketing & Consulting, Careers, Obituaries, U.S. Supreme Court Tue, 27 Nov 2012 12:35:06 -0600 41747.abajournal.com http://www.abajournal.com/news/article/dui_defense_lawyer_advertises_services_on_bar_wristbands_madd_disapproves/ “Drinking Tonight? Know Your Rights,” read wristbands handed out at a Texas bar, with the phone number for drunk-driving defense lawyer Stephen Hamilton. "The sign on the road that says drink, drive, go to jail. It's a catchy slogan. That ain't the law in Texas," Hamilton, of Lubbock, told Advertising Law, Business of Law, Law Practice Management, Legal Marketing & Consulting, Criminal Justice, Legal Ethics Fri, 26 Oct 2012 10:47:38 -0500 41315.abajournal.com http://www.abajournal.com/news/article/michigan_can_reject_bus_ads_criticizing_islam_says_6th_circuit/ A proposed bus advertisement for RefugefromIslam.com can be rejected by Michigan’s Suburban Mobility Authority for Regional Transportation, the 6th U.S. Circuit Court of Appeals ruled Thursday, because the agency rejects all political advertising. According to the Wall Street Journal Law Blog, the American Freedom Defense Initiative wanted… Advertising Law, Constitutional Law, First Amendment, Media & Communications Law, 6th Circuit Court, States, Michigan Thu, 25 Oct 2012 13:43:46 -0500 41302.abajournal.com http://www.abajournal.com/news/article/report_verizon_sells_smartphone_app_usage_browsing_and_location_data/ A CNET News report that Verizon Wireless is selling aggregated information about its customers' geographic location, application use and Internet browsing habits has raised questions about whether this practice could violate laws against wiretapping. Verizon says that its Precision Market Insights program, which offers reports to third-party marketers… Advertising Law, Consumer Law, Corporate Law, Internet Law, Media & Communications Law, Privacy Law Thu, 18 Oct 2012 15:33:55 -0500 41206.abajournal.com http://www.abajournal.com/news/article/some_advertisers_say_compliance_with_computer_browser_do-not-track_feature/ Setting up a possible showdown between advertisers and the government agencies that are supposed to protect consumer privacy, three advertiser trade groups announced this week that they don't support the do-not-track feature built into new Internet browsers manufactured by Microsoft, and said some companies might even ignore it. On Tuesday… Advertising Law, International Law, Internet Law, Legislation & Lobbying, Privacy Law Thu, 11 Oct 2012 12:00:02 -0500 41082.abajournal.com http://www.abajournal.com/news/article/epic_files_ftc_complaint_over_new_facebook_program_matching_users_with_bric/ Facebook users, knowing that they might be targeted by advertisers based on what they posted online, have been willing to trade some privacy for the convenience of easy online access to other individuals throughout the country and globally. But the social networking site has now embarked on a new marketing… Administrative Law, Advertising Law, Consumer Law, Contracts, Executive Branch, Internet Law, Privacy Law Wed, 03 Oct 2012 14:53:33 -0500 40990.abajournal.com http://www.abajournal.com/news/article/regulators_moving_to_strengthen_privacy_rules_for_children_on_the_web/ Alarmed by the sheer volume of personal information being collected by companies looking to target advertising and products to children, federal regulators are moving to overhaul privacy rules. Collecting the data is legal, though parents and regulators alike have concerns about how personal information about children is being stored and… Advertising Law, Internet Law, Privacy Law, Science & Technology Law Fri, 28 Sep 2012 05:24:33 -0500 40914.abajournal.com http://www.abajournal.com/news/article/long-lasting_lipstick_claims_challenged_in_suit/ Saying Maybelline's line of long-lasting lipsticks is anything but, a group of women have filed suit alleging violations of consumer protection laws and asking for damages. The suit filed in federal court in Manhattan maintains the company's claims regarding Super Stay 10HR Stain Gloss and Super Stay 14 HR Lipstick… Advertising Law, Consumer Law, Trials & Litigation Wed, 26 Sep 2012 11:03:27 -0500 40887.abajournal.com http://www.abajournal.com/news/article/dc_circuit_strikes_down_fda_rules_requiring_graphic_images_on_cigarette_pac/ Federal rules which require graphic warning images on cigarette packages were struck down today in the U.S. Court of Appeals for the District of Columbia, on the basis that the mandates violate corporate speech rights. One of the images featured a man exhaling smoke through a hole in his throat,… Advertising Law, Constitutional Law, First Amendment, Health Law, Trials & Litigation, 6th Circuit Court, D.C. Circuit Court Fri, 24 Aug 2012 11:00:42 -0500 40401.abajournal.com http://www.abajournal.com/news/article/judge_wants_to_know_if_facebook_settlement_terms_were_plucked_from_thin_air/ A federal judge in San Francisco has refused to approve a settlement that doesn’t award any money to class members in a suit over a Facebook advertising feature that published users’ “likes.” U.S. District Judge Richard Seeborg asked litigants to prove some settlement terms weren’t “merely plucked from thin air,”… Advertising Law, Consumer Law, Privacy Law, Trials & Litigation, Verdicts & Settlements Mon, 20 Aug 2012 07:31:15 -0500 40320.abajournal.com