In Episode 19 of the "Law & Business" podcast, I am joined by Angel Quintana. Angel is a business advisor who helps business owners be tastemakers, rebels, or visionarys, which might not be the get-rich-quick guide that all those other marketing experts are using...
Advertising Law Articles
Episode 18 – How Businesses Fail to Market Properly
In Episode 18, Anthony sits down, again, with Jim Huerta of the Nessa Group. This episode is about failing to market properly. A business must not only create a business plan, but must create a marketing plan. That marketing plan includes what kinds of consumers are...
Episode 17 – Periscope, Business, and the Law
Once again, Anthony sits down with social and interactive media strategist, Oz Sultan.
Oz and Anthony talk about Periscope. It’s a great business tool, but are there some legal issues?
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 anthony@vernalaw.com
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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
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 […]
FTC Updates in Enforcement
While many small businesses do not believe that the Federal Trade Commission is enforcing its regulations on deceptive advertising, the FTC has updates on recent fines. What are some recent FTC consent orders and settlements based upon false and deceptive advertising?...
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...
Should you use a sweepstakes or other promotion to increase sales?
Navigating Advertising Law: Unlocking the Power of Sweepstakes and Promotions for Your Business In the dynamic landscape of advertising, utilizing promotional devices like sweepstakes, contests, and giveaways can be powerful tools for boosting customer loyalty and...
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 & Business Podcast Episode 36: MillerCoors sues AB InBev (Anheuser-Busch Companies, LLC) over “corn syrup” campaign
In Episode 36 of the "Law & Business" Podcast, Anthony and producer Marc Sterne talk about the MillerCoors lawsuit...
Anthony Verna makes a Guest Appearance on The Bringing Business to Retail Show
On Episode 162 of "The Bringing Business to Retail Show" with Salena Knight, Anthony Verna makes a guest appearance to...