BP/G Radio Intellectual Property Podcast

Guests:

Mary K. Engle, Associate Director, FTC Division of Advertising Practices

Phil Wilson, Principal, RemainComm; Director, Association of Downloadable Media

On December 1, 2009, the FTC’s updated Guides for the Use of Endorsements and Testimonials in Advertising went into effect.  The Guides, last updated in 1980, were subject to a general revision, with the primary substantive change relating to consumer testimonials and typicality of result disclosures.  However, the areas of greatest interest and controversy about the revised Guides have related to online advertising and whether the FTC’s focus on social media unduly interferes with the organic flow of commercial speech on the Internet.

There are certainly some issues to be fleshed out related to when a blogger becomes a paid (versus enthusiastic) endorser.  One would also hope for equal treatment of on- and off-line promotional and journalistic activities.  Regardless, the revised Guides do not (and cannot) change the law of endorsements and testimonials specific to online advertising; rather, the Guides simply provide the FTC’s view of how the existing law on endorsements and testimonials applies to the virtual world.   A little secret: the FTC is too busy to chase individual bloggers.  But don’t take our word for it.  Read the Guides and listen to Mary Engle of the FTC and Phil Wilson weigh the impact of the Guides on the wild world of digital marketing.  And Phil says: ban the word “rogue!”  FTC action to follow.

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Guest: Brandi Bigalke, Professional Court Reporter (Depo International)

Doesn’t everyone want to know what the court reporter thinks? How many times have you seen outlandish or just foolish behavior in depositions, public proceedings and trials? And while the judge, attorneys, witnesses and others prate on, the court reporter quietly observes and records, interjecting only to clarify the record. Well, to pierce the black box and see what court reporters think, especially in complex matters like IP suits, we chatted with one - Brandi Bigalke of Depo International. She’s had experience with depositions, trials, arbitrations and even public hearings.

As with our chat with Magistrate Judge Boylan, this is a chance to hear from other players (besides lawyers) in the invigorating madness we call litigation. Hear what works and what doesn’t when you’re in the chair, whether testifying, deposing or defending.

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Guest: The Honorable Arthur J. Boylan, U.S. Magistrate Judge

Intellectual property cases are (almost) exclusively the province of federal courts in the U.S. And, in keeping with the complexities of federal court, these cases (especially patent and trade secret) are often a firestorm of obscure technology, massive e-discovery fights and ever-shifting law. IP cases cry out for sensible governance and disposition. Enter the Honorable Arthur J. Boylan, a U.S. Magistrate Judge for the District of Minnesota who likes patent cases. His story is one of transformation – from small-town Minnesota to the big city, from lawyer to judge and from the high-volume of state court to the intricate remedies and practice of federal court. Judge Boylan has an ideal background to bring order and intellect to the wild west of IP litigation.

We were happy to get 30 minutes with Judge Boylan to chat about his personal journey, the differing challenges of state and federal court, the effect of big IP cases on federal courts, how to speak to judges (like they’re human beings), the virtue of patent-specific pretrial schedules, the value of technology tutorials and simpler ways to resolve discovery fights (a phone call).

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Robert Morris of Walker Morris - in a special video.

Watch it at:  http://ernestgrumbles.posterous.com