John P. Feldman

Firm/Organization: Reed Smith LLP

Blogs: AdLaw By Request®, Financial Regulatory Report, FinTech Update, Global Regulatory Enforcement Law Blog, Technology Law Dispatch

Latest Articles

AdLaw By Request®

FTC Seeks Public Comments to Children’s Online Privacy Protection Rule

By John P. Feldman & Erika Auger on July 22, 2019

Last week, the Federal Trade Commission (“FTC”) announced it is seeking public comment on the effectiveness of amendments made by the agency in 2013 to the Children’s Online Privacy Protection (“COPPA”) Rule, and whether additional changes are needed. In connection with this initiative, the FTC will hold a public workshop on October 7, 2019. COPPA requires certain websites and other online services that collect personal information from children under the age of thirteen to provide…

Technology Law Dispatch

Transparency requirements for influencers in Germany, the United Kingdom and the United States

By John P. Feldman, Nick Breen, Dr. Alexander Hardinghaus & Ramona Kimmich on May 16, 2019

They are the stars of the young generation, brand ambassadors for organizations and leaders on social media: influencers. With their strong presence on social media channels such as Facebook, Instagram or Twitter, influencers have a power that pays off. Thousands of users follow the day-to-day posts of their role models. Influencers are becoming increasingly important for organizations as well and are developing into indispensable communication carriers of marketing. Accordingly, many organizations cooperate with influencers as…

Technology Law Dispatch

Rise of AI poses new regulatory challenges

By Jennifer Driscoll, John P. Feldman & Karl Herrmann on December 12, 2018

Companies that employ algorithms, machine learning and artificial intelligence (AI) in their day-to-day business may face increased attention from federal antitrust and consumer protection regulators in the future. On November 13–14, the Federal Trade Commission (FTC) addressed this topic in their hearings on “Competition and Consumer Protection in the 21st Century.” The panelists, an assembly of industry leaders, academics and enforcers, proposed methods for AI companies to improve data security and to promote industry self-regulation.…

Global Regulatory Enforcement Law Blog

FTC eyes contact lens trademark settlement agreements

By John P. Feldman, Andrew Bernasconi & Karl Herrmann on December 6, 2018

Over a spirited dissent, and in a 3–1 decision issued on November 14, the Federal Trade Commission (FTC) Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action by entering into settlement agreements with competitors that (1) harmed consumers in the online sale of contact lenses and (2) harmed search engines by artificially reducing the prices paid for online advertisements. The settlement agreements at issue resolved allegations by 1-800 Contacts that its competitors…

AdLaw By Request®

FTC Eyes Contact Lens Trademark Settlement Agreements

By John P. Feldman & Andrew Bernasconi on December 6, 2018

Over a spirited dissent, and in a 3-1 decision issued on November 14, the FTC Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action by entering into settlement agreements with competitors that (1) harmed consumers in the online sale of contact lenses and (2) harmed search engines by artificially reducing the prices paid for online advertisements. The settlement agreements at issue resolved allegations by 1-800 Contacts that its competitors were infringing upon…

AdLaw By Request®

Have Something to Add? The NAD Updates Evidentiary Procedures

By Jason Gordon, John P. Feldman & Michael Isselin on October 23, 2018

The National Advertising Division of the Better Business Bureau (“NAD”) recently announced updates to its procedures. The change was announced by the Director of the NAD, Laura Brett, at the NAD’s Annual Conference and is the self-regulatory body’s response to a recommendation from the ABA Antitrust Section’s Working Group. The new procedural process is codified in sections 3.8-3.9 of The Advertising Industry’s Process of Voluntary Self-Regulation (available here). In sum, the change comes into…

AdLaw By Request®

FTC Approves Final Revisions to Jewelry Guides

By David A. Smith, John P. Feldman & Jason Gordon on August 31, 2018

The Federal Trade Commission (“FTC”) recently approved final revisions to its Jewelry Guides (formally, the “Guides for the Jewelry, Precious Metals, and Pewter Industries,” the “Guides”), aimed at helping prevent deception in jewelry marketing. Based on the overall record of FTC review over the past six (6) years, the FTC has approved revisions to the Guides to better align the Guides with Section 5 of the FTC Act by: removing outdated or redundant provisions; guiding…

AdLaw By Request®

EU’s GDPR applied to promotion marketing

By John P. Feldman, Jason Gordon & Kimberly Chow on July 3, 2018

The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules since they are processing personal data by collecting the entries contact information, sending marketing communications, and contacting the winners. To…

Technology Law Dispatch

EU’s GDPR applied to promotion marketing

By John P. Feldman, Jason Gordon & Kimberly Chow on July 3, 2018

The European Union’s General Data Protection Regulation (GDPR) is underway, and companies and organizations around the world are analyzing its effects on how they collect, use, store and disclose data. U.S.-based sponsors of sweepstakes, contests, instant win games and other promotions opening entry to or targeting Europeans need to be mindful of the GDPR rules since they are processing personal data by collecting the entries’ contact information, sending marketing communications and contacting the winners. To…

AdLaw By Request®

COPPA Revisited: The Do Not Track Kids Act of 2018 Provides a Glimpse into What Lawmakers Could Do to Ground Services with Large Teen Customer Bases

By John P. Feldman on June 7, 2018

In enacting the Children’s Online Privacy Protection Act, Congress determined that the safeguards built into the statute should apply only to children under 13. It sought to focus the restrictions on collection and use of personal information on younger children who are particularly vulnerable to marketing tactics because of their unfamiliarity with advertising and the privacy risks associated with interactive Web services. In 2013, when the FTC expanded the COPPA Rule, it considered proposing protections…

John P. Feldman

FTC Seeks Public Comments to Children’s Online Privacy Protection Rule

Transparency requirements for influencers in Germany, the United Kingdom and the United States

Rise of AI poses new regulatory challenges

FTC eyes contact lens trademark settlement agreements

FTC Eyes Contact Lens Trademark Settlement Agreements

Have Something to Add? The NAD Updates Evidentiary Procedures

FTC Approves Final Revisions to Jewelry Guides

EU’s GDPR applied to promotion marketing

EU’s GDPR applied to promotion marketing

COPPA Revisited: The Do Not Track Kids Act of 2018 Provides a Glimpse into What Lawmakers Could Do to Ground Services with Large Teen Customer Bases

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