Advertising Law Articles

Episode 15 – Games for Promotions and Daily Fantasy Sports

Episode 15 – Games for Promotions and Daily Fantasy Sports

The newest trend is daily fantasy sports.

Taking a step back, what makes a game used in promotion not gambling?  And what, then, makes a daily fantasy sports business model not gambling?

In order to use a game for promotion, the sponsor of the game must remove one of three key elements of the game:

  • Chance
  • Prize
  • Consideration

So, daily fantasy sports like Draft Kings and Fan Duel must be able to do that in order to run a non-gambling game.

But those games also must have a set of rules and must also be run fairly, with a level playing field.

Would you like to run a game in order to promote your business?  Call or send an e-mail.  914-358-6401 or

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Episode 14 – The sale of 4chan and Internet Privacy

Episode 14 – The sale of 4chan and Internet Privacy

In Episode 14 of the “Law & Business” podcast, Anthony and Oz Sultan (Sultan Interactive Group LLC) talk about the sale of 4chan and how that intersects with Internet privacy.

Internet privacy is an oxymoron. Any website that is accessible for free means that there’s a product involved. (In this particular case, it is the services of Verna Law, P.C.) In many cases, if there is user-generated content, the content and the user are the products. Meaning that the website can only monetize by keeping track of the users and understanding the users’ behavior, and, ultimately, selling that information to other websites that need the same information.

Oz Sultan

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FTC Enforcement of Unfair and Deceptive Advertising in a Crowdfunding Campaign

The Federal Trade Commission (FTC) has brought its first successful case against a crowdfunded company for unfair and deceptive advertising. Section 5 of the FTC Act (15 U.S.C. §45) prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.’’  The prohibition applies to all persons and companies.  Frankly, most cases the FTC brings for […]

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What is a Sweepstakes Parlor?

An Internet sweepstakes parlor is an establishment that offers games of chance with prizes in conjunction with other services, like Internet access or telephone cards.  Although often seen as gambling, owners of sweepstakes parlors claim to be operating under...

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Law & Business Episode 55 with Chelsey Pendock: Advertise in Difficult Times

In Episode 55 of the "Law & Business" Podcast, Anthony speaks with Chelsey Pendock of Innovision Advertising. Innovision is an advertising placement agency and Chelsey discusses the sudden changes due to the COVID-19 pandemic, which includes which businesses are...

Video Blog 25: Intellectual Property is Still Important in the Toy Industry

I'm Anthony Verna, managing partner of Verna Law. But chances are you already knew that! Hey, it's the middle of February and what does everyone say about the middle of February? It's my favorite time of year. Like, nobody says that about the middle of February, but...

Video Blog 20: California Consumer Privacy Act: An Introduction

Video Blog 20: California Consumer Privacy Act: An Introduction Hi, I'm Anthony Verna, managing partner of Verna Law, but you already knew that. That's why you're here. One of the perils of advertising law is the fact that there are 50 States and 50 States also means...

Video Blog 15: An introduction to the Telephone Consumer Protection Act

The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227. The TCPA...