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A Review of the New FTC Guidance on Disclosures in Digital Advertising

Total Credits
1 - 1.5
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With marketing campaigns appearing on multiple platforms, and with consumers viewing these campaigns on screens of all sizes, it is a challenge for advertisers to ensure that their disclosures meet legal requirements. Updating guidance last issued in 2000, the FTC has just issued new staff guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising. Listen as two of the country's leading marketing law experts give a rundown of the new guidelines and what you need to know.

Topics include:

  • Making online disclosures "clear and conspicuous"
  • Advertising across multiple platforms
  • What to do when disclosures just don't fit in the space you have
  • The FTC's new "as close as possible" standard
  • New guidance about labeling hyperlinks
  • Website revisions that may be required
  • When can pop-ups be used for disclosures
  • Disclosures on space-constrained platforms, such as Twitter
  • The importance of assessing the effectiveness of disclosures
  • And much more...

Lecturer Bios

Terri J. Seligman, Esq.

Terri J. Seligman is a partner at Frankfurt Kurnit Klein & Selz Advertising, Marketing, and Public Relations Group. Ms. Seligman has been a leader in the advertising, promotions, and marketing law community for almost 20 years. She advises on all issues and transactions relating to traditional and cutting-edge online marketing and promotion of products and services. She counsels clients in a wide range of industries, including consumer products, entertainment, telecommunications, financial services, and pharmaceuticals.

Her practice covers all advertising and marketing issues ranging from review of advertising claims and their substantiation to the application of marketing and intellectual property laws and laws governing rights of publicity and privacy. Ms. Seligman also advises on sweepstakes and contests, and state laws governing gift cards, reward programs, rebates, and other popular marketing devices. She represents companies in disputes and regulatory matters before the National Advertising Division (NAD), broadcast networks, and state and local enforcement agencies.

Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements. She counsels on Internet issues and transactions, including social media, strategic affiliations, privacy protection, and regulation of advertising and marketing online.

Ms. Seligman is a well known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at ANA, NAD, MLRC, and other national conferences. Her writings have appeared in Inside Counsel magazine, Advertising Compliance Service, iMedia Connection, Delaney Report, The Computer and Internet Lawyer, and other publications. She has been recognized as one of the nation’s top advertising lawyers by Chambers USA America’s Leading Lawyers for Business (2008 – 2010) and has been named a New York-area "Super Lawyer" by Law and Politics magazine (2009 – 2010). In 2007, she was the proud recipient of a Cornerstone Award from Lawyers Alliance for New York -- the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods.

Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). Prior to joining Frankfurt Kurnit, Ms. Seligman was a partner with Manatt, Phelps & Phillips, LLP, and Loeb & Loeb LLP.

Jeffrey A. Greenbaum, Esq.

Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm's Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, marketing, branded entertainment, and intellectual property matters. Best Lawyers named him "Advertising Lawyer of the Year" in the New York metro area for 2015.

Mr. Greenbaum advises clients on a wide variety of advertising-related matters, including advertising regulation, rights clearance, agency/client contracts, production contracts, e-commerce, consumer privacy, sweepstakes and contests, union issues, network clearance, and global advertising clearance. He also regularly represents advertisers in connection with advertising litigation, including federal, state, and local regulatory investigations, as well as before the National Advertising Division and other self-regulatory organizations.

Mr. Greenbaum is also the Chairman of the Global Advertising Lawyers Alliance, a network of independent law firms around the world with expertise in advertising law.

He is also a Director of the Brand Activation Association (formerly, the PMA), and has also served as a member of the BAA's Executive Committee. He is also a member of the BAA's Government and Legal Affairs Committee. He was also Co-Chair of the 2007 PMA law conference.

Mr. Greenbaum has previously served as chair of the Committee on Consumer Affairs of the New York City Bar. For more than a decade, he has also chaired the New York City Bar’s annual “Hot Topics in Advertising” program. He has also served on the INTA Nontraditional Marks Committee and is a member of ASIPI.

Mr. Greenbaum is a frequent speaker on advertising issues. He has spoken at the Federal Trade Commission’s "Protecting Kids' Privacy Online" workshop, the "FTC at 100" workshop, the FTC's "Rebate Debate" workshop, and at the FTC's "Green Lights and Red Flags: FTC/BBB Rules of the Road for Advertisers" program. He has also spoken at conferences and programs sponsored by the National Advertising Division, the Association of National Advertisers, the Brand Activation Association, the National Advertising Review Council, the Electronic Retailing Self-Regulation Program, the Electronic Retailing Association, INTA, the Intellectual Property Owners Association, the Association of Independent Commercial Producers, the American Intellectual Property Law Association, ASIPI, ALI/ABA, the Association of Corporate Counsel, the American Bar Association, the New York City Bar, the New York County Lawyers Association, the New York State Bar Association, the Washington State Bar Association, and others.

Mr. Greenbaum is a member of the Dean's Advisory Council at the University of Michigan Law School. He has served as an adjunct faculty member at Parsons School of Design. He has also spoken at programs sponsored by Columbia University, New York University, New York Law School, Brandeis University, and University of Kansas.

Mr. Greenbaum has been quoted in publications such as The New York Times, The Washington Post, Bloomberg, Advertising Age, Adweek, Creativity, Marketing News, Digiday, Sports Business Global, Kiplinger, Media Post, Electronic Retailer, Advertising Compliance Service, LA Biz Journal, The National Law Journal, Antitrust, and Corporate Counsel. He has appeared on the CBS "Early Show" and Bloomberg Law. He is the author of the chapter "Specific Corporate Compliance Challenges by Practice Area: Advertising" in Corporate Compliance Practice Guide: The Next Generation of Compliance (LexisNexis, 2009). He is also the author of the chapter "Developing an Advertising Compliance Program" in Advertising and Marketing Litigation Best Practices (Aspatore, 2007). He has also served as the "Legalease" columnist for Shoot magazine.

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