FTC Guides Concerning Endorsements in Advertising:

January 13th, 2010

Addressing Advertisers’ Concerns

Presenters:
Susan Rector, Schottenstein Zox and Dunn, Leader of the Intellectual Property Practice Group
Earl LeVere, Schottenstein Zox and Dunn, Partner in the Intellectual Property Practice Group

The Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising were amended to cover consumer-generated content, such as product reviews and blog entries, where a speaker’s statement is considered to be an advertising message. These administrative interpretations have the potential to create liability for companies, employees, bloggers and others who distribute advertising messages about companies’ products. Susan Rector and Earl LeVere discuss navigating the Guides, becoming compliant and avoiding liability.

Click here to download a copy of the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective December 1, 2009.

 
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FTC Guides Concerning Endorsements in Advertising:

January 13th, 2010

Addressing Bloggers’ Concerns

Presenters:
Susan Rector, Schottenstein Zox and Dunn, Leader of the Intellectual Property Practice Group
Earl LeVere, Schottenstein Zox and Dunn, Partner in the Intellectual Property Practice Group

The Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising were amended to cover consumer-generated content, such as product reviews and blog entries, where a speaker’s statement is considered to be an advertising message. These administrative interpretations for the first time require bloggers and others posting advertising messages using social media to disclose any material connection to the company and any compensation received. Susan Rector and Earl LeVere discuss the implications of these guides for bloggers who speak about companies’ products.

Click here to download a copy of the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, effective December 1, 2009.

Download our overview, Resources for Bloggers.

 
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Keeping Secrets:

January 5th, 2010

Understanding the Importance of Confidentiality and Nondisclosure Agreements

Presenters:
H. Alan Rothenbeucher, Schottenstein Zox & Dunn, Leader in the Trade Secret Practice Area focused on the plastics industry
Joesef Keglewitsch, Schottenstein Zox and Dunn, Partner in the Corporate, M&A and Intellectual Property Practice Areas

Within every company, key pieces of proprietary information are critical to the success of the organization. During the course of normal business operations, employees as well as customers and joint venture partners are made privy to these trade secrets. How can leaders make sure they are protecting these valuable corporate assets?

Listen and follow the presentation slides of the Manufacturers Association for Plastic Processors webinar. Members Alan and Joe explain how Confidentiality and Nondisclosure Agreements can be an effective tool to protect your business. Learn tricks of the trade to reduce the risk that your intellectual property assets will be compromised.

 
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Symposium on Health Care Policy Reform 2009

November 24th, 2009

In October 2009, Schottenstein Zox & Dunn, the Health Policy Institute of Ohio and the Employers Health Coalition of Ohio co-sponsored the Symposium on Health Care Policy Reform in Columbus. The following audio files represent viewpoints discussed at that time as various health care stakeholders clarified their positions, discussed concerns and opportunities, and promoted dialogue on one of the top domestic policy issues.

Health Care Reform in Ohio
Mary Jo Hudson, Director of the Ohio Department of Insurance, addresses state health care policy reform efforts that are currently available or may become available whether or not health care reform is passed at the federal level.

The National Struggle for Health Care Reform in America
Jeff Biehl, President of Access HealthColumbus, presents a provocative and inspiring perspective on ways to implement innovative solutions for the deficiencies in our existing health care delivery system.

What Ohioans Think About Health Care Reform
Jennifer Chubinski, Director of Health Data Improvement for The Health Foundation of Greater Cincinnati, presents a brief overview of recent Ohio public opinion polls on health care. Additional information can be found on their Web site at: http://healthfoundation.org.

Panel Discussion – Employer Perspective
A panel of four employers discusses key concerns, opportunities and varying perspectives on health care reform from the employer perspective, followed by questions from the audience. This panel is moderated by Chris Goff, CEO & General Counsel of Employers Health Coalition of Ohio. The panelists include: Dennis Hicks, Director, Compensation & Benefits – Chiquita Brands International, Inc.; Greg Paradiso, Director of Compensation & Benefits – P.H. Glatfelter Company; John Popa, President & CEO – Marlite, Inc.; and Rick Schwieterman, Executive Vice President and Chief Financial Officer – OCLC, Inc. (Online Computer Library Center, Inc.).

Panel Discussion – Provider Perspective
A panel of four health care providers of varying types and sizes discusses key concerns, opportunities and varying perspectives on health care reform, followed by questions from the audience. This panel is moderated by Stephen Kleinman, Partner with Schottenstein Zox & Dunn. The panelists include: Steven G. Gabbe, M.D., Senior Vice President for Health Sciences and CEO – The Ohio State University Medical Center; Oliver C. Henkel, Jr., Chief Government Relations Officer – Cleveland Clinic; D. Brent Mulgrew, Executive Director – Ohio State Medical Association; and Neal J. Nesbitt, M.D., F.A.C.S. – Athens Surgical Associates.

Panel Discussion – Payor Perspective
A panel of three insurance companies and an Ohio based non-profit public-sector managed care company discusses key concerns, opportunities and varying perspectives on health care reform from the payor perspective, followed by questions from the audience. This panel is moderated by Lisa Han, Partner with Schottenstein Zox & Dunn. The panelists include: Janet Grant, Executive Vice President – CareSource; Martin P. Hauser, President – SummaCare, Inc.; Erin Hoeflinger, President – Anthem Blue Cross and Blue Shield in Ohio; and George Stadtlander, Executive Vice President and Chief Managed Care Officer – Medical Mutual of Ohio.

Mold lien laws – What are your rights?

June 2nd, 2009

MAPP logo 

Presenters:
H. Alan Rothenbeucher, Schottenstein Zox & Dunn, Leader in the Trade Secret Practice Area focused on the plastics industry
Robert Stefancin, Schottenstein Zox & Dunn, Partner in the Creditors’ Rights and Corporate Trust Practice Area
Victoria Powers, Schottenstein Zox & Dunn, Leader in the Creditors’ Rights and Corporate Trust Practice Area

In a recent Manufacturers Association for Plastic Processors (MAPP) meeting, Alan, Rob and Victoria discussed mold lien laws. In states with mold lien laws, when customers do not pay the balance due for molds that are created, molders have a lien on the mold and can sell the mold. However, before the molder can sell the mold, certain requirements must be met. Listen to the MAPP podcast to find out more.

 
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Can equity receivers sell property free and clear?

May 28th, 2009

Presenters:
M. Colette Gibbons, Schottenstein Zox & Dunn, Co-Leader of the Business Restructuring and Creditors’ Rights Practice Groups
Don Shapiro, President/CEO of Foresite Realty Partners, LLC

Should an equity receiver be able to sell property free and clear of liens without the consent of all lien holders? We think the answer is yes – with important due process caveats. In this podcast, Colette and Don share insights and experience on the propriety of these receivership sales and how those sales work on a practical level.

Download Gibbons’ article, A Model Statute for Free-and-clear Sales by Equity Receiverships, as published in The American Bankruptcy Institute Journal.

 
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Intellectual Property Overview

March 19th, 2009

Presenters:
Earl LeVere, Schottenstein Zox and Dunn, Partner in the Intellectual Property Practice Group
Roger Gilcrest, Schottenstein Zox and Dunn, Partner in the Intellectual Property Practice Group

Intellectual property is complicated.  The nuances and distinctions among patents, trademarks, copyrights, and trade secrets are not self-evident.  Each is important and relevant to individuals and businesses, however.  In this podcast, Earl and Roger provide an overview of each of these forms of intellectual property, what they protect, their duration, how one secures protection, and enforcement methods.

Download our overview, A Comparison of Types of Intellectual Property.

 
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REACH requirements for American companies doing business in the EU

February 17th, 2009

Presenters:
Steve Samuels, Schottenstein Zox and Dunn, Leader of the Environmental Practice Group
Linda Mindrutiu, Schottenstein Zox and Dunn, Associate in the Environmental Practice Group
Mark Hanaway, Director of Marketing at Tech Molded Plastics LP

American companies that have branches in Europe or do business with European companies can be affected by REACH, the Registration, Evaluation, Authorization and Restriction of Chemicals, regulations. REACH requires the registration and testing of chemicals that are manufactured in or imported into the 27 European Union countries by making industry responsible for providing safety information and assessing and managing the risks posed by chemicals.

Please join Steve, Mark and Linda as they discuss the requirements imposed by REACH. 

 
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Recent Decisions in Trade Secret Law

July 29th, 2008

Presenters:
H. Alan Rothenbuecher, Schottenstein Zox and Dunn, Leader of the Trade Secret Practice Group and co-chair of the American Bar Association’s Subcommittee on Trade Secrets
John Gilligan, Schottenstein Zox and Dunn, Leader of the Financial Services Litigation Practice Group

Two recent court decisions helped clarify Ohio law on trade secrets. The questions recently decided by the courts are whether raw data about prospective customers rises to the level of trade secret status, and whether a trade secret loses its status when it is memorized by a departing employee. Alan and John provide a brief overview of what constitutes a trade secret and then discuss two recent court decisions.

 
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Trademark Selection and Clearance

July 23rd, 2008

Presenters:
Jeremy Thornton, Schottenstein Zox and Dunn, Associate in the Intellectual Property Practice Group
Barbara Bacon, Schottenstein Zox and Dunn, Paralegal in the Intellectual Property Practice Group

Strong brands add significant value to a business. At the core of every solid brand is a unique and defensible trademark that conveys the source or origin of the business’s goods or services. Jeremy and Barbara discuss how to select a powerful trademark and the importance of conducting trademark clearance searches to assess the risk before using a new mark.

Review our handout to determine – “How strong is your trademark?”

 
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