The law is typically slow to catch up with business practices, so it’s no surprise the FTC is just now proposing changes to its endorsement and testimonial guidelines for marketers thirteen years after its 2009 amendments (the iPhone 3 era, to be exact).
There’s a lot to digest in the proposed changes, but we are going to give you the highlights so that you can be prepared when…
Your marketing agency is increasingly required to collect, process, and analyze large amounts of data to run successful campaigns or achieve its clients’ business goals.
It’s a complex responsibility. And if the complexity isn’t challenging enough, managing all of this data has legal implications for your agency too. How do you get a handle on it all?
First, What do we mean by…
There’s no doubt that by now your agency has been asked by a brand client about marketing in the metaverse or creating or using NFTs in its marketing.
Even if the client (or your agency) isn’t yet ready to apply either of these strategies, conversations about them are occurring, and it’s important to at least know “what you should know” about them. Because clients w…
The use of influencer marketing has exploded in the last few years, and along with that, the complexity of the brand-influencer partnership agreement.
As influencer marketing continues to gain in popularity, and influencer profiles continue to grow in reach and fame, influencer contract terms and conditions have likewise expanded beyond simple terms involving social media posts in exchang…
Agencies are not only in the business of creating intellectual property (“IP”) assets for their clients, but they’ve got a number of their own IP assets they need to make sure they protect.
Whether it’s your agency’s pitch materials, concepts, strategies, pre-existing art or proprietary technologies, these critical assets are the true currency of every agency. And if you’re not…
We’ve heard of every version of this story from marketing agency owners – legal is a “burden” for agencies.
And we get it. Discussing issues like contracts, IP ownership and legal risk is probably the least entertaining aspect of running your agency’s business.
But you do want to have an agency that’s built for the long-haul, right? Protecting your agency’s key relationships…
If your agency provides website development or maintenance services to clients, you may be wondering whether your agency is responsible for ensuring the websites it creates meet the Americans with Disabilities Act (ADA) accessibility requirements. Or you want to know how to minimize this responsibility.
You’re not alone.
Demand letters and lawsuits, claiming website accessibility…
All agencies are in the content creation business.
Whether your agency focuses on marketing, advertising, communications, media, digital – or ALL OF IT – the primary way you deliver your benefit is with the creation of some kind of content.
Copy, design, software, strategy, research results – all content.
Wherever there’s content, there’s almost always copyright. And wher…
You’ve heard a million stories by now about the benefits of specialization in your agency – whether it’s an industry vertical, a particular tech competency, or a practice focus (like influence marketing, for example).
For the record, I’m a believer in the power of niching your agency.
But I’ll admit it comes with some potential downside.
Let’s talk about exclusivity – t…
We wanted to know more about how marketing agencies view legal issues, and how they handle them – so we asked them!
In this post, I’ll provide an overview of the research results Toerek Law commissioned to reveal how agency leaders think about “legal”.
We learned a lot about the challenges agencies face and how agency owners and decision-makers prepare, react and…