Deadlines & Headlines

Featuring the latest news, trends, and legal developments in the telecommunications and technology space.

Deadlines & Headlines

Sarah L. Bruno

Sarah Bruno, Partner at Arent Fox LLP
Sarah L. Bruno
Partner
Washington, DC
202.775.5760

Sarah Bruno practices in the areas of intellectual property, advertising and marketing, e-commerce, privacy, and promotions.

Client Work

Sarah’s advertising and marketing experience includes reviewing advertisements and claims, advising on unfair and deceptive trade practices, and counseling clients on compliance issues relating to the Federal Trade Commission and the National Advertising Division (NAD) of the Better Business Bureau, as well as state and other regulatory laws. In this capacity, Sarah has advised companies on print advertisements, product placement and media agreements, clearing television commercials, endorsements, credit card processing requirements, and challenging and defending advertisements at NAD.

Sarah also assists clients in developing, implementing, and administering all aspects of promotions, including auctions, contests, and sweepstakes. She drafts promotion rules to protect clients’ interests and reviews advertisements such as direct mail, websites, and banner advertisements related to the promotion. Sarah is also a member of the Promotion Marketing Association, Inc., and has attended numerous conferences related to advertising, promotions, and incentive programs.

As part of the intellectual property group, Sarah has a great deal of experience in policing and enforcing client’s trademarks, copyrights, and publicity rights. Sarah manages the intellectual property enforcement and outreach for several trade associations, including the Motor & Equipment Manufacturers Association (MEMA) and the International Association of Amusement Parks & Attractions (IAAPA). Her work in this area involves conducting educational seminars, counseling members on intellectual property, as well assisting members with the enforcement of their rights at trade shows around the world. Sarah is also one of the primary attorneys responsible for protecting the name, persona, and trademark rights of Dr. Albert Einstein on a global level. As part of this work, Sarah has been involved in international and domestic litigation and settlement negotiations, domain acquisition, and retrieval and TTAB disputes.

Finally, Sarah also counsels in all areas of data security and privacy, including advising corporations on the internal and external privacy protocols to ensure compliance with local laws, as well as the applicable US laws. Sarah routinely evaluates and advises on the applicable state requirements related to data privacy and security, as well as the precedent promulgated and enforced by the Federal Trade Commission and State Attorneys General.

Sarah represents a variety of clients, from Fortune 500 companies to smaller businesses that are just getting started. Some of Sarah’s more well-known clients are Mars Incorporated, Lacoste, Diesel, Google, Fender, Hulu, LG Electronics, American Express, MEMA, IAAPA, Corbis Corporation, Discovery Communications, and Sony Computer Entertainment.

Publications, Presentations and Recognitions

In April 2014, Sarah presented a speech titled “We’re All Buzzing! Substantiation in the Tech Industry" during ANA's Advertising Law & Public Policy Conference in Washington, DC.

Sarah was part of a panel discussion on claim substantiation at the 2013 NAD Annual Law Conference; she also was a member of the Planning Committee for the conference.

In June 2012, Sarah presented a speech entitled “Safety and Intellectual Property” at the Safety Institute at the IAAPA Asian Attractions Expo in Hong Kong.

In May 2012, Sarah was part of a panel discussion on “Hot Topics in Advertising Law” at the Personal Care Products Council’s annual meeting in Charleston, South Carolina.

In January 2012, Sarah was part of a panel discussion regarding Cyber Risk and Data Breach in Los Angeles, CA and in May 2012 Sarah hosted a panel discussion on the cross-border transfer of data at Arent Fox’s Washington DC office.

In October 2010, she moderated a panel discussion titled “The Consumer Speaks: Updates on User Generated Content, Endorsements and Testimonials” at the 2010 Annual NAD Conference: “What’s New in Comparative Advertising, Claim Support and Self Regulation.

Sarah also presented a speech titled “What Your Products Are Doing Online” at the Aftermarket eForum in Chicago in July 2008.

Sarah presented a speech titled “Distributor Liability: What You Need to Know” at the HDAW Trade Show in Las Vegas in January 2008.

Sarah also co-wrote an article summarizing the data protection laws in the United States, which was published in Data Protection in the European Union and other Selected Countries: A New Comparative Study in 2006.

Sarah co-wrote the article “New Security Standards Available to Merchants to Prevent ID Theft”, which was published in the February 2006 edition of the Journal of Payment Systems Law.

Sarah also presented a speech titled “eCommerce Legal Issues: What You Need to Know” at the 2006 Aftermarket eForum in Chicago in July.

Sarah presented a speech titled “Combating Counterfeit and Gray Market Goods” at the Heavy Duty Aftermarket Week (HDAW) Trade Show in Las Vegas in January 2006.

Sarah presented a speech at a HARDI Technology Session titled “e-Commerce Legal Issues” in October 2004.

 

Blog Posts by Sarah L. Bruno

Consumer Privacy & Telemarketing, Deadlines and Headlines
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FCC Adopts Broadband Privacy Rules And Signals Mandatory Arbitration Clauses Are Next In Its Crosshairs
At its monthly Open Meeting on October 27, the Federal Communications Commission adopted, but has not yet released, new privacy rules requiring retail broadband providers to offer consumers more choice over how their personal information is used. Under the new rules, which were approved on a party-line 3-2 vote, the level of consent required from the consumer will be measured against the sensitivity of the data. The FCC stated that it attempted to develop a privacy framework “in line with the approaches taken by other privacy frameworks, including the FTC’s and the Administration’s Consumer Privacy Bill of Rights.”
 
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Consumer Privacy & Telemarketing, Telecommunications & Technology Agreements
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Consumer Watchdogs Attack Cable Companies’ Privacy Practices, Bark at Privacy Cops

Consumer advocate groups--Public Knowledge, Consumer Watchdog, Center for Digital Democracy, Consumer Action, TURN-The Utility Reform Network and Consumer Federation of America—recently filed a complaint with the Federal Trade Commission and a petition with the Federal Communications Commission against AT&T, Cablevision, and Comcast, citing privacy-related offenses. The FTC complaint notes the companies’ failure to adequately disclose the extent of their consumer data use and sharing, arguing that their use of customer data without appropriate disclosures and without opt-in consent amounts to an “unfair and deceptive” practice in violation of the Federal Trade Commission Act. The FCC petition, on the other hand, asserts that the cable and satellite providers fail to adequately obtain customer consent prior to collection and use of such data, in violation of federal law.
 

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Consumer Privacy & Telemarketing, Deadlines and Headlines
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PayPal Will Tweak User Agreement To Clarify Proposed Autodialing Provisions

On June 29, 2015, PayPal’s General Counsel released a blog post indicating that the company will be tweaking its proposed revisions to its User Agreement regarding PayPal’s ability to send its customers autodialed or prerecorded messages. The changes to PayPal’s terms as originally proposed drew the ire of government regulators, including the Federal Communications Commission and the New York Attorney General. These regulators, as well as numerous consumer groups, asserted that PayPal’s proposed changes would conflict with the Telephone Consumer Protection Act (TCPA) and its provisions prohibiting autodialed or prerecorded calls to consumers without obtaining consumers’ prior express consent. 
 

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.