Archive for the 'Publications' Category
Guest post by Brian D. Fergemann
Partner, Winston & Strawn LLP (Chicago)
August 14, 2016
Earlier this year, Pinterest quietly updated its guidelines for conducting contests and other types of promotions on the Pinterest platform. Those guidelines are contained within its Acceptable Use Policy. The previous guidelines stated, among other things, that companies should not “run a sweepstakes where each Pin, board, like, or follow represents an entry;” require people “to Pin from a selection;” or “require a minimum number of Pins.” None of those restrictions are found in the new guidelines. The new guidelines state that companies who conduct promotions should “encourage authentic behavior, keep Pinterest spam-free, and be sure to comply with all relevant laws and regulations.” The new guidelines state further that companies who conduct promotions should not require participants to Pin a specific image or allow more than one entry per participant. The new guidelines expressly acknowledge that requiring consumers to Pin from a selection is now permissible: “Give Pinners the ability to choose Pins based on their tastes and preferences, even if it’s from a selection or a given website.”
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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August 6, 2016
Canada’s federal anti-spam legislation (CASL) largely came into force on July 1, 2014. For the first three years, enforcement was primarily the responsibility of the CRTC (together with the Competition Bureau and Privacy Commissioner). For an overview of CASL, see: Anti-Spam (CASL).
August 5, 2016
I am quoted in this month’s Canadian Lawyer Magazine on the Competition Bureau’s enforcement and compliance efforts in relation to trade associations. This article is a very good roundup of current Bureau enforcement and compliance focuses with practitioner and enforcer perspectives.
CANADIAN CASL (ANTI-SPAM LAW) PRECEDENTS
Do you need a precedent or checklist
to comply with CASL (Canadian anti-spam law)?
We offer Canadian anti-spam law (CASL) precedents and checklists to help electronic marketers comply with CASL. These include checklists and precedents for express consent requests (including on behalf of third parties), sender identification information, unsubscribe mechanisms, business related exemptions and types of implied consent and documenting consent and scrubbing distribution lists. We also offer a CASL corporate compliance program. For more information or to order, see: Anti-Spam (CASL) Precedents/Forms. If you would like to discuss CASL legal advice or for other advertising or marketing in Canada, including contests/sweepstakes, contact us: contact.
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August 2, 2016
Canada’s new federal anti-spam legislation (CASL) came into force about two years ago. Since then, Canadian companies and those marketing into Canada have worked (and at times struggled) to comply with Canada’s new requirements for electronic marketing.
Guest post by John Bodrug & Anita Banicevic
Davies Ward Phillips & Vineberg LLP
July 1, 2016
On June 28, 2016, Canada’s Competition Bureau announced that it had cleared Superior Plus Corporation’s acquisition of Canexus Corporation despite the Bureau’s conclusion that the transaction “would likely result in a substantial lessening of competition for the supply of various industrial chemical products in Canada”. The Bureau attributed its decision to the unique availability of the efficiencies defence under section 96 of the Competition Act (which provides that a merger cannot be prohibited when the expected efficiency gains outweigh the likely anti-competitive effects of the transaction). The day before the Bureau’s announcement, the Federal Trade Commission (FTC) announced that it is challenging the transaction because it would “significantly reduce competition in the North American market for sodium chlorate”. Despite the disparate outcomes, these announcements and actions highlight not only the availability of the efficiencies defence in Canada, but also the increased level of coordination and cooperation between the Bureau and its U.S. antitrust counterparts in cross-border mergers.
Excerpt from Featured Update
Practical Law Canada Competition
June 20, 2016
This update discusses the Competition Tribunal’s recent Kobo decision, which clarifies the substantive requirements for consent agreements. This update also discusses the Competition Bureau’s increased bid-rigging enforcement and awareness efforts.
July 6, 2015
Last week the Canadian federal government announced a new and less strict Integrity Regime for suppliers doing business with federal government departments and agencies. Public Works and Government Services Canada (PWGSC) initially introduced an Integrity Framework in 2012.
June 18, 2015
On June 3, 2015, the Canadian Competition Bureau (Bureau) finalized its new core competition law compliance materials. They are essential reading for corporate compliance officers, senior management and in-house counsel.
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
