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Ad and Marketing Regulations

Contractor Or Employee? Actions Speak Louder Than Terms

You may be familiar with this situation.

Your agency engages a freelancer to help you with client projects. Maybe that freelancer uses agency equipment and materials to create the work product, is engaged for an indefinite period of time, is asked to track time on each project, and is paid on a monthly basis. You give the freelancer a 1099 which means the freelancer is automatically…

THIS JUST IN: NEW FTC RULE BANS NON-COMPETES

On April 24, 2024, the Federal Trade Commission (FTC) issued a new ruling that essentially bans non-compete clauses across the board for employers. This decision comes after much debate recently around the enforceability of non-competes across various states, as more and more states were rendering them unenforceable or at least much more difficult to enforce.

The FTC’s ban will impact…

TikTok, Music and Congress…..What Do Agencies Do Now?

Oh TikTok, how you confound us right now!

It’s whiplash time for agencies that have integrated TikTok into their toolkit of recommendations for clients who want to grow brands or achieve other specific business results online.

Let’s walk through some recent legal developments that are affecting TikTok campaigns and creative choices for marketers on the platform today, and that may…

LET’S GET TOGETHER: AGENCY STRATEGIC ALLIANCES, DONE SAFELY

As an agency owner, you likely spend a lot of time thinking about where your next business opportunities will present themselves.

If your agency is like a lot of its peers, the answer might be that your next opportunity is from another agency.

Perhaps it’s because your client needs services that your agency isn’t staffed to offer. Or that another agency wants you to provide your…

Through The Looking Glass – A Quick Guide For Agencies To The New Corporate Transparency Act

Our main newsletter article last month focused on data privacy – the business of keeping information private and undisclosed.

This time, let’s talk about disclosure – specifically disclosure of your information as an agency owner to the federal government.

If your agency role includes the status of business owner, by now you have probably heard of the Corporate Transparency Act…

It’s A Private Matter – Agencies And Data Privacy Regulations Today

It’s not always obvious, but consumer data plays an essential role in your agency’s marketing strategies. Agencies need to be aware of the implications privacy laws can have on you and on your clients as you develop your next strategy recommendation or campaign idea.

In 2023, four new states adopted statutes protecting the use and collection of consumer data, and several more states…

It’s Unavoidable: What The FTC’s Updated Endorsement Guidelines Mean For Your Agency

Have you been seeing more “Paid Partnership” or “Advertisement” tags lately while scrolling your feed? This is largely in part due to the FTC’s updated endorsement guidelines, which are even more strict than they were mere months ago. As an agency, you should be aware of the new regulations being imposed on the brands and talent you work with. This article will give you the basic…

What Agencies Need to Know About Artificial Intelligence

Artificial Intelligence (“AI”) is used by more people than ever, and it has firmly positioned itself as one of the great new technological frontiers. However, whether you are using AI to generate audios for your personal TikTok or to ghostwrite blog posts and copy for your business, the Copyright Office has put its foot down. You don’t own copyright in anything the AI produces – in…

The FTC Proposes the End of Non-Competition Clauses – What It Means for Your Agency

You have probably heard that non-competition clauses and non-competition agreements are becoming increasingly tough to enforce in many states. However, the Federal Trade Commission (“FTC”) recently proposed legislation that would make any non-competition agreement or clause completely unenforceable throughout the country. If this legislation were enacted, it would have widespread impacts.

BRAND SAFE: A Trademark Guide for Your Agency’s Next Branding Project

Deciding on a brand name, logo, or slogan is not an easy process. It is even harder when you submit your proposal for legal clearance and your lawyer says, “back to the drawing board”. Trust us, we hate saying this as much as you hate hearing it!

We have developed this guide for two reasons. First, whenever you decide on a brand scheme without consulting a lawyer, we hope that you w…

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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