Perfect Balance: An Advertising Law Podcast

Episode 13: Advertisers Beware – A Discussion With Bryan Schneider About the Reenergized CFPB’s Enforcement Priorities

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by new Manatt Financial Services partner Bryan Schneider, who recently arrived at Manatt after serving two years as Associate Director for the Division of Supervision, Enforcement and Fair Lending at the CFPB.

Po and Bryan discuss some important regulatory considerations for advertisers in the financial services space, including:

• Anticipated enforcement priorities for the CFPB, and how Director Chopra’s former position as a Federal Trade Commissioner may factor in these priorities
• The increasing focus of the CFPB to support racial equity and inclusion across the financial services marketplace
• Marketing to vulnerable populations, such as the elderly and students
• Artificial intelligence (AI) and machine learning’s impact on loan origination decisions
• Best practices to mitigate risk and penalties in this new era of the CFPB

Episode 12: Special Mailbag Episode – Perfect Balance’s One-Year Anniversary

This past year, the Perfect Balance: An Advertising Law Podcast has covered a wide range of topics—from issues related to COVID-19 and California Consumer Privacy Act (CCPA) implications related to digital advertising to developments in student-athlete name, image and likeness (NIL) rights and loyalty programs. To mark the one-year anniversary of our podcast launch, we asked our listeners to share what they wanted to learn more about. In this special mailbag episode, host Po Yi has invited a few of the guests from earlier episodes—fellow partners in the firm’s advertising, marketing and media practice Jesse Brody and Jeffrey Edelstein, and privacy and data security partner Brandon Reilly—to discuss four topics submitted by listeners.

Episode 11: The Future of Loyalty Programs: Trends to Watch, Tips for Innovating

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt’s Jen Millard, managing director in our digital and technology consulting practice, who has decades of experience in omnichannel retail technology and financial services innovation, including with respect to loyalty programs. Po and Jen discuss the importance of data, growing customer empowerment, and the effects of rapid digital and social transformation on the structures and economics of traditional loyalty programs.

Episode 10: New to the Game: College Athletes on Verge of Huge Opportunity to License NIL Rights

For years, student athletes have not been able to directly participate in the licensing of their name, image and likeness (NIL). But not for much longer. As a result of multiple lawsuits filed by student athletes over the past 15+ years, more permissive NCAA rules are under consideration and new legislation in several states is about to go into effect this summer, which would allow college athletes to start reaping financial benefits from exploiting their NIL rights. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt’s Matt Reece, counsel and director in our digital and technology group, for a discussion about the immense opportunity, and also some newfound risks, for both brands and athletes.

Episode 9: Across the Pond and Beyond: Negotiating Global Master Agency Agreements

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by London-based David Bond, partner and head of advertising at Fieldfisher, for a discussion about numerous contractual issues and standards advertisers should consider when negotiating global agency agreements.

Episode 8: Advertising COVID-19-Related Products: The Myths, the Crackdown, the Hard Science

More than a year after the COVID-19 pandemic forced a global lockdown, COVID-19 continues to dominate the news and our lives in a way that was unthinkable prior to March 2020. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt advertising partner Jeff Edelstein and Manatt Health managing director Sandy Robinson for a discussion about the advertising of COVID-19-related products, particularly in view of the new COVID-19 Consumer Protection Act and the FTC’s recent crackdown on false COVID-19-related claims, as well as the truth about verified vaccines and treatments in the market and the legitimate process through which those are vetted and approved.

Episode 7: Building Blocks of Successful Agency-Client Relationships: Trust, Transparency, Flexibility and Process Clarity

Negotiating client-agency contracts and establishing a strong relationship between advertisers and their agencies can be complex. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Mercer Island Group co-founder and partner Steve Boehler for a discussion of key issues—including mutual trust, transparency, flexibility and process clarity—that advertisers and agencies should consider as they negotiate new master agency agreements or review existing contracts to build collaborative and effective relationships with each other.

Episode 6: Trends and Issues for Advertisers to Track in 2021

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi invites Manatt advertising partners Jesse M. Brody and Jeffrey S. Edelstein back to the show to review major marketing law updates from the tumultuous past year and to highlight key trends for 2021—from COVID-19 clauses in sponsorship and production contracts as the pandemic stretches on to the National Advertising Division’s (NAD) new fast-track dispute resolution process and the changing of the guard at the Federal Trade Commission (FTC).

Episode 5: Key Takeaways for Companies Participating in the Political Process After a Historic Election Year

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi invites Manatt government and regulatory partner Randall W. Keen and TCPA compliance and class action defense counsel A. Paul Heeringa to the podcast for a discussion of legal issues related to the participation of companies in the political process, whether through conducting political advertising, making political contributions, or furnishing (or in some cases terminating) services to certain individuals or companies involved in objectionable behavior.

Episode 4: Previewing DOJ Activities Affecting Marketing Post-Election

In this episode of Perfect Balance: An Advertising Law Podcast, co-hosts Po Yi and Alexa M. Singh speak with Manatt investigations, compliance, and white collar defense partners Richard S. Hartunian and Jacqueline C. Wolff to explore how the DOJ impacts marketers and what we can expect from the DOJ under the Biden administration.