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Ad and Marketing Regulations

Where to Spend Your Agency’s Legal Focus and Dollars in 2019

Planning Legal Marketing

The new year is well underway and with it the pressure of planning and prioritizing your agency’s needs for beyond Q1.

Last year I shared the importance of a legal audit as your fundamental starting block.

This year the same rings true and I’ve added a few additions to the mix, which are both timely and likely permanent issues to continually address. 

A legal “audit” might…

False Advertising: What is it, and How Does Our Agency Avoid It?

False advertising fact or fake

True or false?

Anyone involved in the advertising process can be held liable under most regulations and statutes that govern false advertising.

Oh. so. true.

The advertiser, the Agency, and anyone else involved who knowingly, or sometimes negligently, fails to follow the rules, is on the hook.

In addition to traditional and digital advertising, when you think about the current stat…

Whose Lawsuit Is It, Anyway? 5 Ways Your Agency Can Get Sued Along With Your Client

agency client lawsuits

Isn’t it tough enough worrying about the everyday risks of running your agency?

From your people-centered issues, to new business protection, contracts, and all-things-compliance, your liabilities are considerable and worthy of regular review.

But did you know that the lifeblood of your agency, your own clients, can end up in hot water and take you along for the ride wit…

When Things Fall Down: Your Agency’s “Fast Action” Plan for Common Marketing Legal Emergencies

marketing legal and creative be prepared

When legal issues confront your agency it feels personal. It hits home. It puts your people, your work and your reputation in the balance.

This is the world I live in with my agency clients and it’s more common than you might think.

Even if a legal emergency (definition: something’s gone bad, and you need to act ASAP) happens infrequently in your work as an agency leader, when it…

Marketing Under the Influence: Understanding the Legal Implications

InfluencerMarketingCompliance

Marketers may have been uncertain about the regulatory environment at the beginning of a new administration in Washington; but it’s become clear that the FTC remains actively focused on issues of transparency and disclosure in influence marketing tactics.

I know firsthand from my work with marketing agencies that nobody wins when “legal” puts the halt to a brilliant campaign or creativ…

Marketing in the CASL – How to Comply with Canada’s New Anti-Spam Law in Direct Marketing

Marketers and marketing agencies engaged in direct marketing have questions and worries about Canada’s new anti-spam legislation (“CASL”).

CASL came into effect on July 1, 2014 for direct marketers who send commercial electronic messages (CEMs) to clients, customers, prospects, or referral sources.

What’s a CEM, exactly? A CEM is a message with content that encourages t…

How Not to Get Sued (or Investigated) for False Advertising

In light of the United States Supreme Court’s consideration this week of the Pom Wonderful v. Coca Cola case (you can get up to date information on that case at Ad Age here, or some great background on it from Adweek here ), it feels appropriate to review the best ways to avoid getting into legal trouble due to false advertising claims.

It isn’t just outright lying in advertising…

Content Marketing Done Right(s) – Start Here: Legal Compliance Issues Content Marketers Need to Understand

Content marketing is a rich and diverse medium used by marketers for many purposes – brand development, customer education, thought leadership, lead nurturing, and community building among them.

The legal issues created by content marketing are just as diverse and plentiful as the actual strategies. More importantly, the stakes of making a legal error as you execute your…

On the (Virtual) Road! Guest Posts in the Ad Blog Community

Highway Blur

I’ve been fortunate to be invited to contribute guest legal content recently on several blogs and news outlets important to the ad and marketing communities. To share that information with you, and as a big thank you to my “hosts,” here they are:

For The Agency Post, an interactive publication for ad and marketing professionals (www.theagencypost.com), I drafted a column about current…

Contact

Sharon Toerek
Toerek Law
737 Bolivar Road, Suite 110
Cleveland, Ohio
44115
Call Me: 800.572.1155
Email: sharon@legalandcreative.com

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