Christopher A. Cole

Firm/Organization: Crowell & Moring LLP, Fasken Martineau DuMoulin LLP

Blogs: Competition chronicle, Data Law Insights, Retail & Consumer Products Law Observer

Latest Articles

Is the Cambridge Analytica Scandal a Watershed Moment for the Ad-Funded Internet?

March 27, 2018

The news that Cambridge Analytica, the shadowy, digital political consultancy, may have misused user data obtained from Facebook is reverberating throughout Washington and foreign capitals. The immediate fallout has been calls for Congressional and federal investigations into what happened. The Federal Trade Commission has taken the unusual step of publicly announcing a “non-public” investigation into whether Facebook breached the terms of a 2011 consent agreement with the agency. A coalition of 37 State Attorneys General…

Data Law Insights

Fourth Circuit Raises Bar for DMCA Safe Harbor Defense

By Joe Meadows & Christopher A. Cole

February 5, 2018

Last Thursday, the Fourth Circuit decided a closely followed case on one of the safe harbor defenses under the Digital Millennium Copyright Act (DMCA). See BMG Rights Management (US) LLC v. Cox Communications, Inc., No. 16-1972 (4th Cir. Feb. 1, 2018). The court also addressed the intent standard for contributory copyright infringement. BMG, an owner of copyrights in digital music files, sued Cox, an internet service provider, for contributory copyright infringement by Cox subscribers…

Retail & Consumer Products Law Observer

“Do Not Resuscitate”: Lessons for Advertisers

By Christopher A. Cole

December 6, 2017

The DNR Tattoo Last week, the Associated Press reported the fascinating story of an unconscious man admitted in acute distress to Miami’s Jackson Memorial Hospital. The words “Do Not Resuscitate” were tattooed across his upper chest, where one would see them before engaging in chest compressions. He carried no identification, so the medical staff could not reach his next of kin. A decision had to be made immediately, however: do we attempt to revive him?…

Retail & Consumer Products Law Observer

Subverting Democracy, Advertising, and the Economy Through Bots

By Christopher A. Cole

November 27, 2017

The word “bot” is a double-entendre. It refers both to the larval stage of the bot-fly, a rather gruesome internal parasite (warning, link not for the squeamish) and to a software application that runs automated scripts on the internet in highly repetitive fashion—also with parasitic effects. Internet bots can be programmed for good or evil. This post refers to the latter kind. Use of Bots for Ad Fraud The dominant model of compensation for digital…

Retail & Consumer Products Law Observer

Quincy Biosciences: What the decision means for advertising of health claims, and what it means to the FTC

By Christopher A. Cole

November 22, 2017

You may have seen the commercial on late night television. A glowing image of a human brain appears (along with a disclosure stating “dramatization”), with flashing lights pulsing through a crisscrossed mesh, depicting nerves. The voiceover intones, “Your brain is an amazing thing. But as you get older, it begins to change, causing a lack of sharpness or even trouble with recall.” So far, so good. Who, of a certain age, hasn’t experienced these symptoms?…

Retail & Consumer Products Law Observer

This Week in Digital Advertising: Fake News, Bots, and Implications for Digital Trust

By Christopher A. Cole

July 17, 2017

Last December, authorities arrested Edgar Welch, a 28-year old man from Salisbury, North Carolina, who had entered Comet Ping Pong, a Washington, D.C. pizza parlor, armed with a shot gun. Mr. Welch reportedly came to Comet Ping Pong on a self-described mission to free child sex slaves that he believed might be imprisoned there at the bidding of Hillary Clinton and her campaign Chief of Staff, John Podesta. After Welch shot his gun into the…

Competition chronicle

New Private Right of Action in Canada for False or Misleading Electronic Advertising

By Christopher A. Cole & Tony Di Domenico

May 3, 2017

This post has been prepared in collaboration with Chris Cole of Crowell & Moring law firm. Chris Cole is the Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false or misleading advertisements in, for example, email and social media and arguably capture website advertising based on the…

Retail & Consumer Products Law Observer

New Private Right of Action in Canada for False or Misleading Electronic Advertising

By Tony Di Domenico & Christopher A. Cole

April 27, 2017

This alert has been prepared in collaboration with Canada’s Fasken Martineau law firm. Mr. Di Domenico is a partner and regional chair of the firm’s Antitrust/Competition & Marketing Group in Toronto. Chris Cole is Co-Chair of Crowell’s Advertising & Product Risk Management Group in Washington, D.C. In less than three months, Canada will introduce a private right of action arising from false or misleading representations made in electronic messages. These provisions target false or misleading…

Retail & Consumer Products Law Observer

Ad Fraud and Programmatic Buying Are Eroding Trust in Digital Media

By Christopher A. Cole

March 28, 2017

This year, digital media spending is expected to outstrip spending on traditional media, such as television and print. Advertisers, lured by the promise of precise targeting, better ability to measure return on investment, and changing consumer media consumption patterns, have poured money into digital at an almost exponential rate. And, while there are studies (largely by digital media agencies) documenting the effectiveness of such advertising, there remain major questions regarding the effectiveness and efficiency…

Retail & Consumer Products Law Observer

The President’s Regulatory Agenda and the FTC

By Christopher A. Cole

March 20, 2017

Presidential advisor Steve Bannon famously told the Conservative Political Action Conference (CPAC) that the Trump Administration seeks to “deconstruct” the regulatory state. The President has issued several Executive Orders (EOs) on regulations designed to implement this policy, including the “two for one” EO, an EO on enforcing the regulatory agenda, and an EO on reorganizing the executive branch. The three orders collectively promote a policy of deregulation and wholesale elimination of…

Christopher A. Cole

Is the Cambridge Analytica Scandal a Watershed Moment for the Ad-Funded Internet?

Fourth Circuit Raises Bar for DMCA Safe Harbor Defense

“Do Not Resuscitate”: Lessons for Advertisers

Subverting Democracy, Advertising, and the Economy Through Bots

Quincy Biosciences: What the decision means for advertising of health claims, and what it means to the FTC

This Week in Digital Advertising: Fake News, Bots, and Implications for Digital Trust

New Private Right of Action in Canada for False or Misleading Electronic Advertising

New Private Right of Action in Canada for False or Misleading Electronic Advertising

Ad Fraud and Programmatic Buying Are Eroding Trust in Digital Media

The President’s Regulatory Agenda and the FTC

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