Professional Experience
Marc Roth is a partner in the Advertising, Marketing & Media Division of Manatt, Phelps & Phillips, LLP, resident in the firm’s New York office. He is a highly accomplished regulatory attorney with over 20 years of experience in consumer advertising and marketing law. Clients ranging from Fortune 100 and 500 companies to emerging and start-up firms turn to Mr. Roth for his expertise in privacy law, social media, telemarketing, continuity and negative option marketing, loyalty programs, and magazine sales and audit rules. Mr. Roth’s practice also includes defending clients involved in matters before federal and state regulatory authorities. Through his prior experience as an in-house chief compliance counsel at a Time Warner company and FTC staff attorney, he offers a valuable perspective on the matters he handles for clients.
Representative Matters
Privacy – Mr. Roth’s experience in privacy law dates back to the 1990s when marketers began to realize the Internet afforded them new opportunities to collect and utilize consumer data. Today he is called upon to assist leading industry trade associations in preparing comments on FTC privacy-related rulemakings and serve as faculty and chairperson at legal and business privacy conferences. His client work involves drafting and amending online and offline privacy policies and advising on how data may be collected, shared and used in partner marketing arrangements. He advises clients on all privacy laws, including the Children’s Online Privacy Protection Act (COPPA), the Gramm Leach Bliley Act (GLB, and implementing Safeguards Rules), the Fair Credit Reporting Act (FCRA and FACTA), the Video Privacy Protection Act (VPPA), the Health Insurance Portability and Accountability Act (HIPAA), the EU Privacy Directive, the CAN-SPAM Act, and various laws governing data security and breaches. Working in collaboration with European counsel, Mr. Roth also assists clients in structuring solutions for processing and transferring data from the EU, particularly through the Safe Harbor program.
Emerging and Social Media Marketing – A significant portion of Mr. Roth’s practice is devoted to counseling clients on the legal issues surrounding marketing campaigns conducted through online social networks and wireless devices. He also advises on the unique rules developed by social network platforms (e.g., Facebook and Twitter) as well as industry-governing guidelines specific to the mobile industry. Mr. Roth regularly assists clients in developing social media policies and drafting contracts with vendors for these campaigns. He is a frequent speaker on social media legal issues.
Free Trial, Continuity and Negative Option Marketing – For over a decade, Mr. Roth has represented clients whose industries heavily rely on these marketing programs, advising companies on how to market, process, and manage campaigns in compliance with all applicable laws, regulations, and credit card processing rules.
Magazine Sales and Audit – As Chief Compliance Counsel for the country’s largest magazine sales agency for several years, Mr. Roth was responsible for overseeing compliance with the various Audit Bureau rules governing sales, marketing, and operations practices.
Telemarketing – Mr. Roth has extensive experience in advising clients on telemarketing issues. During his tenure at the FTC, he investigated and prosecuted abusers of the Telemarketing Sales Rule and the FTC Act. On an ongoing basis, Mr. Roth counsels clients on how to develop and manage telemarketing programs that comply with state and federal laws. Clients benefit from his insight into how the government views this highly sensitive industry. Mr. Roth has spoken at American Teleservices Association legal conferences and authored articles on legal and business developments affecting the telemarketing industry.
Regulatory Defense – Mr. Roth regularly represents clients before federal and state regulatory authorities. He assists clients in responding to individual complaints, inquiries, investigations, and responding to subpoenas and Civil Investigative Demands.
Education
Syracuse University, Juris Doctor, 1991.
Maxwell School of Citizenship and Public Affairs, M.A. of Public Administration, 1991.
Hobart College, Bachelor of Arts, European History, 1986.
Memberships & Activities
Admitted to practice in New York. Formerly Authorized House Counsel in Connecticut.
Member, Direct Marketing Association.
Member, Promotion Marketing Association.
Member, Electronic Retailing Association.
Member, Magazine Publishers Association.
Member, American Bar Association, Antitrust Section, Consumer Protection.
Publications
“FTC Reviews the Children’s Online Privacy Protection Act,” PROMO Magazine, August 3, 2010.
“The FTC’s New Privacy Position,” iMarketing News, November 19, 2001.
“Privacy Policies Must Cover All Bases,” iMarketing News, October 16, 2001.
“Beware of Cookies,” National Law Journal, August 20, 2001.
“Cross-Border E-tailing,” The Computer Law Association Bulletin, August 2001.
“A Legal View of Permission Marketing,” iMarketing News, June 4, 2001.
“Web Bugs Everywhere Raise Concerns,” iMarketing News, April 9, 2001.
“The Perils of Privacy Policy Changes,” iMarketing News, December 18, 2000.
“Look for Consent When Buying Lists,” iMarketing News, February 28, 2000.
Speaking Engagements
Moderator, “Advertising with Technology,” Information Technology Law Institute 2011, Practicing Law Institute, New York, NY, April 2011 and San Francisco, CA, May 2011.
Moderator, “Little Fingers – Big Impact: What Can the Experts Tell Us About Children’s Online Behavior?” Children’s Advertising and Online Privacy Summit, Universal City, CA, May 2011.
Speaker, “Social Media and Privacy, Understanding & Complying with Sweepstakes, Promotion and Marketing Laws,” New York City Bar Association, New York, NY, February 2011.
Speaker, “Negative Option/Advance Consent/Affiliate Upsell,” Promotion Marketing Association Annual Law Conference, Chicago, IL, November 2010.
Speaker, “Opportunities and Headaches,” Corporate Leaders Roundtable Law Seminars International, New York, NY, January 2006.
Speaker, “Direct Marketing Update: CAN-SPAM, Behavioral Marketing & More,” Advanced Corporate Counsel Forum on Advertising Law, American Conference Institute, Chicago, IL, June 2005.
Speaker, “Marketing by E-Mail After CAN-SPAM: What Can Companies Safely Do?” Direct & Interactive Marketing Law, American Conference Institute, Chicago, IL, September 2004.
Speaker, “Privacy Rights,” Aggressive Advertising and the Law, NorthStar Conferences LLC, New York, NY, April 2003.
Speaker, “Telemarketing & Direct Mail,” Promotion Marketing Association Annual Law Conference, Washington, DC, December 2001.
Speaker, “Direct Marketing 2000 E-Mail Promotions,” Promotion Marketing Association Annual Law Conference, Chicago, IL, November 2000.