Richard B. Newman

  • Trade Secret Misappropriation Law Now Federalized

    Trade secret misappropriation has traditionally been a matter of state law. Previously, the federal statute permitted only criminal or civil causes of action initiated by the U.S. Attorney General. However, on May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (the “Act”), federalizing trade secrets law. The Act does not preempt state laws.

    Richard B. Newman/ Performance Marketing Insiderin Affiliate- 11 readers -
  • FTC Examines Deceptive Search Tearms

    Share ! tweet Section 5 of the Federal Trade Commission Act prohibits ‘‘unfair or deceptive acts or practices in or affecting commerce.” Traditionally, the Commission has focused upon direct advertising claims, both express and implied. However, two recent matters place online marketers on notice that the Commission is now closely scrutinizing indirect advertising through th ...

    Richard B. Newman/ Performance Marketing Insider- 20 readers -
  • TCPA Consent: How To Obtain Legally and Ethically

    Share ! tweet This is PART THREE in a five part series focusing on Internet marketing, lead generation and telemarketing compliance. The amended Telephone Consumer Protection Act (“TCPA”) regulations have imposed a number of obligations upon telemarketers, including additional consent, abandonment and opt-out requirements for pre-recorded or autodialed telemarketing calls.

    Richard B. Newman/ Performance Marketing Insiderin How To's- 10 readers -
  • Mobile Marketing Compliance 101

    Share ! tweet This is PART TWO in a five part series focusing on Internet marketing, mobile marketing and online lead generation compliance. On July 10, 2015, the Federal Communications Commission (“FCC”) issued its omnibus Declaratory Ruling and Order (“Ruling”) addressing 21 petitions filed with the agency by various companies and trade associations seeking relief or clar ...

    Richard B. Newman/ Performance Marketing Insiderin Mobile- 9 readers -
  • Draft Do-Not-Track Compliance Standard Published

    Share ! tweet On July 14, 2015, the organization in charge of developing uniform standards for World Wide Web technologies announced the “last call” for a draft proposal on how websites should comply with a user’s “Do-Not-Track” preference. If implemented, the proposal would be the very first formal standard for DNT compliance.

    Richard B. Newman/ Performance Marketing Insider- 14 readers -
  • Supplement Marketers Fined $1.4 Million for Deception

    The marketers of a cognitive dietary supplement will pay $1.4 million in satisfaction of a settlement resolving Federal Trade Commission charges that they deceived consumers with claims that the supplement was clinically proven to significantly improve memory, mood and other cognitive functions. Under the terms of the settlement, the defendants will pay $1 million to the FT ...

    Richard B. Newman/ Performance Marketing Insider- 29 readers -
  • Airline Fined for Violating Canada SPAM Law

    Share ! tweet The Canadian Radio-television and Telecommunications Commission (“CRTC”) has announced that a Canadian commuter airline has agreed to pay a C$150,000 ($120,162) administrative monetary penalty for failing to fully comply with Canada’s new anti-SPAM legislation (“CASL”). The settlement represents that first time that CASL has address what is considered to be a non-flagrant breach.

    Richard B. Newman/ Performance Marketing Insider- 32 readers -
  • FCC TCPA Rules May Compound Lawsuit Abuse

    Share ! tweet As recently blogged about here, FCC Chairman Wheeler recently announced a proposal to address backlogged petitions seeking clarity regarding the scope of the requirements under the U.S. Telephone Consumer Protection Act (“TCPA”). The FCC has now adopted heavily-debated changes to the TCPA rules designed to strengthen consumer protections.

    Richard B. Newman/ Performance Marketing Insider- 14 readers -