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The Fine Print: Analyzing the FTC’s Updated Digital Advertising Guidelines

The Fine Print: Analyzing the FTC’s Updated Digital Advertising Guidelines
Product Code - LGA151
Speaker(s): Linda A. Goldstein, Manatt, Phelps & Phillips, LLP; Michael F. Ostheimer, Federal Trade Commission
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The Federal Trade Commission’s (FTC’s) newly issued dotcom disclosure guidelines will have a significant impact on how products and services can be advertised online. The overarching message is: Find a way to make the required disclosures clear and conspicuous, notwithstanding the space and screen constraints of digital and mobile media platforms.

The FTC has issued these guidelines as part of its ongoing mission to ensure that products and services are described accurately and that those buying such goods and services understand what they are paying for. The guidelines benefit sellers as well, as they protect honest businesses from others attempting to practice deceitful or unfair practices. In the case of online advertising, new issues crop up as new technology is developed.

By attending this program, you will learn what you need to know regarding how to comply with these new regulatory requirements and will come away with practical strategies for successful and creative marketing practices that do not run afoul of these new rules.

Educational Objectives:

• Learn what disclosures are required in online advertising.
• Understand what’s required considering the space constraints of mobile device screens and social media platforms.
• Learn about the placement of a disclosure statement and whether it may appear in a location in the advertisement that must be scrolled to.
• Find out whether a URL linking to a disclosure statement placed elsewhere may be used.

Who would benefit most from attending the program?

In-house counsel; risk compliance executives; anyone involved in online or social media marketing or representing or counseling those who do.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Linda A. Goldstein, Manatt, Phelps & Phillips, LLP; Michael F. Ostheimer, Federal Trade Commission

Linda A. Goldstein, Manatt, Phelps & Phillips, LLP
Linda Goldstein is widely recognized as one of the leading advertising lawyers in the country. She represents multinational consumer products and services and advertising and marketing companies in advertising, digital media and intellectual property matters. A significant portion of Ms. Goldstein’s practice is devoted to advising clients on how to minimize the legal risks associated with advertising and marketing on multiple platforms and channels. A recognized expert in the legal issues surrounding e-commerce, mobile marketing, social media marketing, consumer-generated content marketing and marketing to children, she has actively participated in workshops conducted by the Federal Trade Commission and worked with leading trade associations, including the Promotion Marketing Association, Mobile Marketing Association and Word of Mouth Marketing Association, to develop and adopt industry self-governing guidelines and best practices.

Ms. Goldstein earned a J.D. from New York University School of Law and a B.A., summa cum laude, from the University of Pennsylvania. She is admitted to the Bar of New York.

Michael F. Ostheimer, Federal Trade Commission
Michael Ostheimer is a veteran consumer protection attorney with more than 20 years of experience investigating and prosecuting false advertising for the Federal Trade Commission. He played lead roles in revising the .Com Disclosures guidance document and the Endorsement Guides, and he helped develop the agency’s initial Green Guides on environmental marketing claims. Mr. Ostheimer has brought numerous cases involving weight loss, dietary supplement, high-tech and online products and tobacco advertising. He recently spent four years as a Counsel to the Director of the Bureau of Consumer Protection, providing advice on a wide range of consumer protection matters.

Mr. Ostheimer earned a J.D. from Columbia Law School, Columbia University, and a B.S., summa cum laude, from The Wharton School, University of Pennsylvania.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at

For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at