General

General

The Wiretap Law Coming for Your Clients’ Websites: What Agencies Need to Know About CIPA

Your agency built a contact form, a slick chatbot or a streamlined lead capture magnet for a client’s website. These features can qualify leads, answer FAQs, and work around the clock. Efficient. Great for conversions. And now they could also be the reason your client, or your agency, gets a demand letter or named in […]

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Legal + Creative - ripped paper- private and confidential
General

Access Confidential: What Does Your Agency Need to Know About Data Privacy Now?

Data privacy issues aren’t new for agency marketers. You’ve been navigating this space for years if any of your agency’s client work touches digital marketing, social media marketing, e-commerce, direct response campaigns or any other strategy or tactic involving consumer data (so, nearly all of you). And you likely know that wherever there is consumer

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General

YOU’RE SO “TALENT”ED!

An Agency Guide to Key Talent Agreement Points and Negotiation Tips Have you ever been in a negotiation with talent for a content creation project or influencer campaign that seems to last weeks? Maybe even weeks after the content has already been posted (yes, we know about that, and we forgive you)? With summer campaigns

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General

Invasion of the California Privacy Acts….Understanding CIPA and Your Marketing

If you haven’t heard of the California Invasion of Privacy Act, otherwise known as CIPA, you probably will soon. Agencies and businesses across the country have been receiving demand letters and threats of litigation for supposed “CIPA Violations”, and these letters often demand a hefty settlement for them to disappear. If your agency does digital

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Copyright Law General Influencer Marketing Trademark Law

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

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Trademark Law

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.

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Influencer Marketing Social Media Law Trademark Law

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

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law General

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

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Influencer Marketing News Social Media Law Speaking and Agency Training Trademark Law

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

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