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(PMI-TV) Women in Power: Microsteph Drives Conversations and Traffic

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Stephanie Lichenstien is the owner of Micro Media Marketing, a boutique social media company that specializes in niche markets. They are an outsourced social media management company that can handle all your social media needs. In this interview Murray Newlands speaks to”MicroSteph” about using social media to drive traffic to your content. She recommends that people really start developing a plan of action to engage users and make sure that they are responsive to your message. Learn more below in our exclusive interview with MicroSteph!

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Facebook and Yahoo Settle Their Dispute with New Advertising and Content Partnership

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With the countless lawsuits between big names in the digital world, it’s hard to keep track of them all. The results of these lawsuits could genuinely effect internet marketing firms and advertisers from around the globe. That said, it was recently reported by AllThingsD that the patent infringement lawsuit between Facebook and Yahoo has recently come to an end. The two internet kings have conjured a deal that will benefit them both, as well as marketers on the web. An abnormal result, however, is that there will be no actual exchange of cash payment, for the two companies have used their conflict to create a partnership between them.

The lawsuit itself was brought on by Yahoo, with accusations of Facebook infringing upon many of their patents. The complaint that Yahoo initially filed included lines stating, “For much of the technology upon which Facebook is based, Yahoo! got there first and was therefore granted patents by the United States Patent Office to protect those innovations. Yahoo!’s patents relate to cutting edge innovations in online products, including in messaging, news feed generation, social commenting, advertising display, preventing click fraud, and privacy controls.” So, as you may have realized yourself from the excerpt, Yahoo sued Facebook for pretty much everything that their network is known for. The truth is, however, that in some form or another, Yahoo did get there first. So, Facebook had to go through with the lawsuit and come to some sort of agreement. Just recently, they did just that, with a deal that could improve upon the content and advertising of both companies.

According to Kara Swisher of AllThingsD, “the agreement will include a major expansion of their ongoing partnership, including a joint advertising sales effort, as well as cross-licensing of some key patents between the pair.” Kara cites that she acquired this information from sources that are in on the situation. Facebook’s advertising has been attacked vigorously by journalists, reviewers, and advertisers alike for a long while after they released information on their new advertising network. So, this lawsuit may have done them some good. Yahoo has had a decent name in advertising, and it’s possible that with the correspondence between the two companies, they can both come out on top in their advertising efforts. So, it’s hard to tell whether Facebook will be more hurt by this lawsuit than they benefit from it.

Facebook’s been in copious lawsuits with many big names on the web, including the more famous lawsuit with Microsoft, where they ended up shoveling out $550 million for issues pertaining to AOL patents. Facebook rarely ends up on top in these lawsuits, and this new change could be a breakthrough for them. Their partnership could turn out to be a great thing, creating successful advertising methods for both companies. Since Facebook is down in the world of marketing, anything would help their reputation at this point, and I’m sure that’s what they’re hoping for. However, most of the time, lawsuits cause aggravation, and don’t end well.

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CPA Reward Programs Making Comeback

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About five years ago to compete in the CPA Marketing space as a network you needed to have a rewards program that rewarded your top affiliates with special gifts and prizes for their revenue production. However, as the market became more saturated with CPA Networks brokering offers, plus the low margins on many offers, rewards programs were often harder and harder to maintain.Now it seems that with the industry stabilizing and a lot of dead weight disappearing, companies are starting to look at rewards programs as a method of recruiting and keeping affiliates.

Adknowledge is set to announce Monday that they will be starting their Preferred Partner program, that will give special benefits to their highest performing publishers. While in the past most programs focused on just gifts and travel, Adknowledge is providing free services to their best publishers that will help them make more money long term. According to Adknowledge,

The program begins on August 9th, exactly one month from today.  During the next 30 days , Adknowledge will closely monitor traffic numbers and evaluate its existing publisher base to determine which publishers will be invited into the Preferred Partner Program…. Preferred Partners will be rewarded with a number of perks including exclusive access to best offers, hard price floors, exclusive creatives, list scrubbing services, deliverability consultations and more.  The program encompasses all of Adknowledge’s publisher solution product offerings, meaning it rewards CPC and CPA publishers, as well as partners on the Integrated API product.  The list of Preferred Partners has not been finalized yet, so publishers still have 30 days to get their revenue numbers up.

MaxBounty, one of the largest running CPA networks has informed PMI that they too will be starting a rewards program.  They are using the rewards program to show that MaxBounty is an extremely financially stable company, well-financed and has no problems. In light of all losses some affiliates have suffered with the major failures of COPEAC and EPIC, companies seem to need to be re-assured that other networks are doing well.

“We’re taking our top 6 affiliates based on total earnings from Aug 1 – Jan 31st, as well as 5 more affiliates who saw the largest increase for this period, one random affiliate and a special guest who’ll be announced later,” said JP Suave of MaxBounty. “Our first Affiliate Rewards retreat will be held in Las Vegas.  Our plan is to fill their days with some non-traditional Vegas activities like horseback riding and a desert dune buggy race.  Nights will be more of what you’d expect from Vegas, shows, top restaurants and such.”

MaxBounty will be announcing more information soon.
To Learn more about the Adknowledge rewards program visit here.

Email Marketers Win Decisive Legal Victory

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A trial team led by J. Douglas Baldridge and Ari N. Rothman from Venable LLP obtained a unanimous jury verdict favoring the rights of online marketers.  Specifically, a jury found that anti-spam plaintiff Beyond Systems, Inc., an alleged Internet service provider owned by Paul Wagner (the brother of anti-spam plaintiff Hypertouch, Inc. owned by Joe Wagner), is “primarily or substantially” engaged in filing anti-spam lawsuits.  Therefore, Beyond Systems is not a bona fide “Electronic Mail Service Provider” under California’s anti-spam statute or a bona fide “Interactive Computer Service Provider” under Maryland’s anti-spam statute.  This jury finding paves the way for the trial judge to decide that service providers like Beyond Systems must be bona fide to sue under California and Maryland law, and that plaintiffs that are “primarily or substantially” engaged in filing anti-spam litigation cannot sue under the statutes.

California’s anti-spam statute allows an “electronic mail service provider” or recipient of fraudulent spam email to sue over that email.  Likewise, Maryland’s anti-spam statute allows an “interactive computer service provider” or a recipient of fraudulent spam email to sue over such email.  Each statute allows a service provider to obtain $1,000 for each unlawful email.

In 2008, Beyond Systems sued Kraft Foods and Connexus Corp. in federal court, and claimed that it was an Internet service provider that received alleged fraudulent emails.  When it became clear that Beyond Systems was primarily and substantially engaged in filing lawsuits and provided services at most as a secondary purpose, the judge ordered a trial on the issue of whether Beyond Systems was a bona fide service provider under the California and Maryland statutes.  Then, at trial, defendants presented the jury with evidence showing that Beyond Systems did everything it could to trap alleged spam; agreed to receive vast amounts of alleged spam from Joe Wagner of Hypertouch; filed dozens of lawsuits across the country over alleged spam based that Beyond Systems trapped and that Joe Wagner of Hypertouch sent to Beyond Systems; generated revenues from litigation that far exceeded revenues generated from alleged services provided to customers; and otherwise functioned to file lawsuits and not as a legitimate service provider.

When confronted with this evidence, the jury found that Beyond Systems was not a bona fide “electronic mail service provider” under California’s anti-spam or an “interactive computer service provider” under Maryland’s anti-spam statute.  Instead, Beyond Systems functioned to “primarily or substantially” file anti-spam lawsuits.

Venable’s client in the case is Connexus Corp.  While we are grateful that the jury found that Beyond Systems was not bona fide but instead primarily or substantially engaged in filing anti-spam lawsuits, the judge must now decide that only bona fide service providers — and not service providers that exist to sue over alleged illegal email — can sue under the California and Maryland statutes.   Although this process will take some time, we can only hope that the trial judge sees through the facade that Beyond Systems put up at trial and issue a ruling that prevents anti-spam litigants from suing under the statutes by merely holding themselves out as service providers where they truly exist to file lawsuits.  Regardless of how the judge rules, the outcome of this case will have ramifications across the country and must be watched, as this is a case of first impression under state anti-spam statutes.

We expect briefing to occur in the next few months and anticipate a ruling later this year.

The case caption is Beyond Systems, Inc. v. Kraft Foods et al., 8:08-cv-00409, United States District Court for the District of Maryland.

Facebook Leaving the Spotlight?

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It wasn’t long ago that we were all hearing about Facebook’s advertising troubles, and before that there was so much excitement about Facebook’s new advertising methods. In the minds of advertisers, Facebook seems to just glide from good to bad, like a giant social media swing. Though, if it were a swing, it would have slowed down and come to a stop by now. So, I guess you could say it’s more like Isaac Newton’s swinging pendulums, for now there has been reports that Facebook has quite possible swung toward the bad once more, which is no surprise to anyone.

Since people started to question Facebook, with their IPO thing and reported advertising flaws, they’ve also started keeping track of their progress. Even though most were completely unhappy with Facebook for a while, there was still faith that they would pull through eventually, because that’s what Facebook does. However, 33across gives us some information that might just point in the opposite direction. The study seems to imply that advertisers do not have quite as much confidence in Facebook as they do the rest of the web, or at least that is what it seems to show.

The information in the chart shows percentages in response to the question, “When thinking about Facebook versus the rest of the web, which gets more of your team’s attention?” The results were as follows, in the format of Facebook:Rest of the Web;

4% say 80:20, 11% say 60:40, 4% say 50:50, 11% say 40:60, and a gigantic 71% say 20:80, all of which was recorded for June 2012. By looking at the chart, you can see the significant differences from data that was recorded in March of this year. It just so happens that it was between these months that Facebook’s advertising blunders took place.

Although things are looking rough for Facebook in the chart, there’s no evidence that says Facebook’s impending downfall is the only reason for these results. How do we know that the rest of the web isn’t just getting better? Well, the fact is, the rest of the web is growing quite significantly, with new advertising solutions and marketing techniques being released almost daily. Sure, Facebook was exciting for a while, but there are other things for advertisers to focus on, most of which could benefit their business more than Facebook ever has or will.

There are a lot of people who, when they think of advertising, they think of Facebook, because it’s the biggest name out there right now. However, people use Google, and Youtube, and Twitter a lot too. If you combine the usage of these three sites, the number is far higher than Facebook’s user numbers, meaning that it is worth advertising in other places and not putting all of your focus on Facebook. Sure, Facebook is an ideal place to advertise, even with all of its flaws, and it would probably get your advertisements a lot of views. However, Facebook has shown that it may not be as good with ads as we originally thought, so maybe advertisers should get their attention away from the spotlight and look at the rest of the stage.

Employee or Independent Contractor?

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Hiring employees involves both benefits and burdens.

A fundamental benefit is that you can exercise a certain degree of control over employees in furtherance of your business goals.  However, an employer is responsible for paying wages, withholding taxes, providing benefits, and may be liable for an employee’s negligence during and within the scope of employment.  Employers must also be mindful of state and federal laws regarding discrimination and termination.

Conversely, independent contractors do a job for a set price and may work for multiple business entities, simultaneously.  It is axiomatic that with independent contractors, an employer cannot control them with detailed direction and no tort or contract liabilities are typically involved.

It is often difficult to unequivocally state which category a particular worker or class of workers should go and worker-status controversies are bound to arise.  For example, federal and state employment law liabilities for employees are much greater than for independent contractors.  As a result, there is a natural tendency for businesses to treat workers as independent contractors. Much of an Employment Law Attorney’s task is in assessing what is legitimate and what is not.

With an independent contractor an employer must pay gross pay with no withholding.  On the other hand, an employer must withhold and remit federal, state, and sometimes even local taxes for employees.  The characterization issue also arises in the context of third-party allegations of vicarious liability and litigation between private parties.

For example, the status of a worker may be pivotal in analyzing a company’s potential liability for an employee’s actions.  If a delivery driver is your employee when the driver negligently strikes a pedestrian, an employer may be liable, with certain exceptions governing scope of employment.  If the driver is a true independent contractor, the tort liability is the driver’s, not the company’s.

Litigation also arises in the context of workers who are contractually designated as independent contractors suing employers expressly seeking reclassification.  The motivation can be employee benefits, non-discrimination or employment rights, and/or wage and hour protections.

It is critical to note that a written employment contract that identifies a worker as an independent contractor may not necessarily be honored by a court.  As a general rule, the objective relationship between a worker and company will control the classification issue.

Contractual designation is certainly not, in and of itself, dispositive.  Rather, courts will assess the totality of the facts, circumstances, and conduct between the worker and employer.  Courts will not allow  an employer to call a worker an independent contractor while subjecting the worker to the control it exercises upon a normal employee.

As worker status litigation continues to evolve, it is critical that companies consider the big picture early on in order to avoid a battle involving re-characterization.  While the temptation may exist to characterize a worker as an independent contractor, it may create a domino effect and cost more in the long run.  Maintain realistic expectations.  Consult with competent legal counsel to ensure that contract language and actual practice are consistent.

Oftentimes, avoiding a dispute is tantamount to winning one.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Consult with a Business and Employment Law Attorney for further assistance.

Malicious Malware Could Ruin Your App of Choice

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The most popular apps in application stores are always the ones that advertisers target, trying to get their ads to appear within those apps. It makes sense, because if you want higher conversion rates, then you go to where the traffic is. Now, what would happen if as an advertiser or a brand, you spend a good chunk of change for advertisements within a certain app, and it just vanishes suddenly, disappearing without warning? Well, that is why it’s a good reason to examine an app more thoroughly than to just find out how much traffic it gets. Only a reliable application will lead you to incredible performance marketing results.

The reason this is coming up now is that according to a recent report by TrendMicro, Google’s Android has been experiencing various problems with malicious apps lately. The company’s report says that there have been just about 5,000 apps for Android that are malicious, and that was just in the first quarter of 2012. At the end of the second quarter of the year, this number had reached ridiculous levels of 20,000. The number has grown so fast that in just one month, it went from 10,000 to 20,000. 10,000 malicious apps is far too many, let alone 20,000. However, most of these apps are the less popular ones, that may have gotten one or two downloads at the most.

What’s more shocking is the number of malicious apps that TrendMicro reported that were actually featured in Google’s official Google Play store. With 17 apps in the Google Play store being reported as malicious, how can we be confident about any app that we advertise on? You may think that the application that get the most hits or downloads are the safe ones, but TrendMicro reported that each of these applications were downloaded over 700,000 times at the time of their removal. TrendMicro writes, “As ever, criminals want to make money out of their victims by tricking them into using premium rate services or viewing mobile ads; stealing sensitive data; or even turning their phones into part of a botnet.”

Hackers are tricky, and they find many creative, original ways of screwing people over. TrendMicro reports even more bad news by saying, “The most common type of malicious app – accounting for 30 per cent of all those Trend Micro encountered – is a type, which is disguised as a highly popular legitimate app.” So how is an advertiser, or even Google itself, supposed to find out which apps are malicious and which are not? There needs to be a new way of weeding these apps out, or else advertisers will begin to lose money on prospects that seem reliable, but end up robbing them blind. Apple has only had one reported case of malware within their App store, which was just recently reported by Kaspersky Lab. So, Android may be outselling Apple by far, but Apple may soon prove to be a more reliable and trustworthy platform for advertising. Android’s protection against malicious applications just has not reached the level that it should be at.

Android Still Leading According to comScore

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All big companies will promise certain things, or make their platforms seem like the absolute best to advertise on, whether that’s the case or not. It’s important that advertisers know the truth before investing huge amounts of money in advertising with companies that may not even get them the results that they are paying for. Companies like comScore, Inc. are around to help people wade through all the catered messages and exaggerated truths. They have recently released reports on the May 2012 mobile subscriber market share. The reports give information on trends in the mobile phone industry during a three month period on average, essentially giving advertisers a guideline for what has become successful in which areas.

First, comScore reports information on the top OEMs in the market, and each of their share percentage of mobile subscribers. In February, and all the way through to May, Samsung has held the highest percentage of the world’s mobile subscribers at 25.7%, with LG behind them at 19.1%, and then Apple at 15%. In spite of the recent lawsuits between Apple and Android, it’s not surprising to see two Android powered OEMs on the top, above Apple in sales significantly.

Next, comScore continues on in a second chart, reporting the share percentages for smartphone subscribers, in terms of the different operating systems in the industry. As became obvious in the previous statistics, Google Android was doing much better in percentage than Apple. With 50.9% of smartphone subscribers being Google Android users, and only 31.9% being Apple iPhone users, Google seems to have mastered not only the advertising world, but the mobile market as well. However, these statistics could very well be less important to advertisers than the final set of statistics that comScore, Inc. gives its readers.

What every advertiser or brand is most interested in for the mobile market is mobile content usage. Well, comScore gives readers a breakdown of the percentages of mobile subscribers using phones for each different function, which are as follows; sent text messages to other phones is at 74.8%, used downloaded apps at 51.1%, used browser at 49.8%, accessed social networking sites or blogs at 36.7%, played games at 33.5%, and finally listened to music on mobile phones is at 27%. With the highest point change since February, 1.6 points, apps seem to be growing largely, and are being used much more by mobile phone subscribers in the country. Still, though, the most popular use for smartphones remains text messaging.

The business world can often prove to be dishonest, so releasing such statistics as these to the public really helps keep investors and advertisers in the know about the big names in the mobile market. Although the statistics may not come as a surprise to you, there are some out there who have a totally different view of how the market is working, eventually causing them to make bad marketing decisions. At comScore, Inc., they are, “a leader in measuring the digital world,” and tell advertisers the most important things they need to know.

App Store Gives Food and Drink a Chance

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Sure, it’s only really exciting news for those in the industry, but Apple’s addition of a “Food & Drink” category to their app store could mean big things for food businesses, brands, and products. Apple’s app store gets copious visits each day, so getting the name of your company app in it’s own category in the app store, or getting an app that carries your ads within it is very prudent. Apple has not really done anything too incredible with advertising in the past, at least nothing that hasn’t been done before. However, the things they do for small and large businesses alike are quite unique.

Macstories first reported their new category addition in the well visited App Store, which isn’t the only change that has come recently to the App store. Apple has recently added things like editor’s choice Apps, sponsored apps, and top ranking apps. It’s through these that advertisers can navigate users to their apps, or to the apps where they have chosen to advertise. Now, with this new category of the App store, the food and beverage industry has a chance to use the App store to prosper.

With this new addition to the App store, it brings into recognition another fact; Apple has no direct advertising in their App store, like you might see with Google’s Play Store. So my question was, how are they even relevant in the advertising world aside from the application ads within the apps in their store? Well, Apple was soon redeemed in my view of the advertising world, for I stumbled upon their iAd page in the developer section of the Apple website. Although many people knew about their advertising application, it is still pretty innovative of them. The site promises things like, “Rich, captivating ads that keep users in your apps,” and that you will, “generate more revenue from your apps.” The iAd network is pretty much an advertising network, optimized for multiple platforms, that is unique and will be targeted at any Apple user.

The reason I bring up iAd, even though it isn’t a recent advancement from Apple, is because with this new category of food and drink in the App store, it leaves more room for the many small businesses in the food service world to have their apps visited and their advertisements seen. Just like the rest of the business world, restaurants and food products rely on mobile and internet marketing to make their success, and until now, their apps and advertisements were not very easy to find on the App store.

Apple’s new addition to their App store will probably do more for the food service industry than they even thought it would. With Food & Drink Apps now easily accessible by anyone, in turn making their in-app ads more available for viewing by potential consumers, small businesses may see an increase in their advertising success. On the other hand, there’s a possibility that nothing will change for these small businesses, which would be a shame. We’ll just have to wait and see what this new addition to the App store will do for small business advertising in the food industry.

A Shitty Lawyer Will Ruin Your Business

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I’ve been publishing in online advertising since 2000, and because of that I’ve gotten my share of legal letters from attorneys for things that people disagree with in my publications.  I’ve even been threatened with a lawsuit over someone who claimed they suffered an epileptic seizure over a dating banner I made. Partially because of that, and my general interest in law, I took it upon myself to actually learn the law, take courses, read as many books on internet law as I could. On top of that, I developed a keen sense of what attorneys were complete jokes and marginally mentally challenged, and which ones were actual legal eagles and knew what they were talking about.  I’ve come to the conclusion that most attorneys, especially in this industry are total and complete jokes and using them is not only a waste of your time and money, but can hurt your business.

 Most people become attorneys not because they have a love of the law, but they hear that they can make money from it.

Thank all those crappy law shows that show attorneys making shitloads of money, driving fancy cars and getting laid. It’s sorta like how most people would love to be professional basketball stars, but they can’t do anything but shoot bricks. Attorneys unfortunately in some States only have to pass basic exams that almost anyone can pass—and almost anyone passed them, sometimes after taking the test dozens of time. Because of that, there is a plethora of crappy attorneys in those states.

Here’s the real problem: those attorneys have to find something to do. So instead of doing what most attorneys do, which is join a real law firm, learn the ropes, they usually set up a business in their basement and claim to be a specialist in a certain field. There’s absolutely no test to call yourself a “Specialist” in most parts of the law, and these guys are lying through their teeth that they have any idea what they are talking about.

Unfortunately there are a bunch of attorneys in the field of “internet marketing” and “internet attorneys” who have never practiced law outside of their own little  business or actual have any real experience in the field. Their experience in the internet includes them learning their GoDaddy account and ordering the free business cards from VistaPrint.

You can spot these attorneys by their complete lack of letter writing skills and their attempt to quote parts of the law they have no training on. They usually get the low level clients, the small companies in the industry who have no idea they are hiring some person whose previous job opportunity included taking over their fathers mowing business. They write a lot of letters, quote the law even when it doesn’t apply and their clients think they are geniuses: Until they get the bills for thousands of dollars of phone calls, emails and looking up stuff on Google. Ask honestly if your attorney, when they handle certain cases (Trademark, Patent, International Law) if they have any real experience in that field, or are they are just making shit up as they go.

They almost always end up never doing anything for their clients and always end up disappearing after facing better and more experienced attorneys who make them look like fools. It’s a game they play: get a guy to pay the bills, move on to another client.

The other type of attorney is the one that makes such a clusterfuck for you, that they actually damage your business, screw you over worse because they have a huge ego and think they know what they are talking about.  If you’ve been paying attention, California attorney Charles Carreon is one of those attorneys who on behalf of his client not made his client hated, but actually made him one of the most hated attorneys out there. For some reason, out of either anger or general stupidity, he went after TheOatmeal publicly and legall, after they made fun of legal letters sent.  Instead of being smart, and learning to STFU, he decided to try to threaten TheOatmeal and even ruin their charity fundraiser.  He ended up dropping the suit, but not after probably screwing up his entire career by seemingly being a total asshat.

On that note, a call out.  I’m fortunate to personally know some of the best attorneys in the industry and have made it very clear that I feel that Richard Newman, who has never paid me a dime, is probably one of the most stellar attorneys ever in our industry. He actually has worked for a major firm, was involved in major lawsuits against bad guys in our industry and has stood against the FTC numerous times for his clients. He’s that guy that everyone turns to when they are in trouble, but should always have on their side.  He’s the guy other attorneys often go to for advice about the industry, because he knows his stuff. He collects money, tells you when its a waste of time, goes after people when there is a chance and never screws his clients.  He’s also involved with my organization, the Executive Council of Performance Marketing, plus part of the Performance Marketing Association Team and has written numerous articles for them about Affiliate Marketing Law. Learn More about Richard B Newman, Super Star Internet Attorney.

What’s the point here? Ask around who the good attorneys are (feel free to email me please) and consider if your attorney is wasting your time and money, hiring someone else. If they guy or gal is working out of their mom’s basement or out of some state without any actual businesses, maybe its time to look another direction. If you’ve never won anything, never collected a dime, but your attorney charges you $5k a month, maybe you need to also consider hiring someone else.

Full Tilt CEO Arrested

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Raymond Bitar, the CEO of the Full Tilt Poker Gambling empire was finally arrested after surrendering to US authorities.  He was already arranged in court and plead not-guilty to a variety of charges including money laundering plus a litany of fraud charges claiming Full Tilt cheated players.

According to MSNBC:

Full Tilt and Bitar have denied the Ponzi scheme accusations.

U.S. Magistrate Judge Debra Freeman at Monday’s court hearing denied a prosecutor’s request to refuse bail for Bitar, and set his release on a $2.5 million bond. He will, however, remain jailed until all the bail conditions are met.

Prosecutor Arlo Devlin-Brown said Bitar’s decision to stay in Ireland rather than face U.S. charges showed he was at risk of flight. Devlin-Brown said that Bitar had remained in Ireland to operate Full Tilt’s fraud against its players.

Since unveiling the case, prosecutors have expanded both their civil and criminal charges against Full Tilt. They say it operates as a Ponzi scheme and paid its directors more than $440 million while defrauding players, even after the charges were filed.

Prosecutors say Full Tilt, founded in 2004, has taken in about $1 billion from players in the United States. They estimate that Full Tilt still owes $350 million to customers in the United States.

“I know that a lot of people are very angry at me. I understand why,” Bitar said in a statement emailed to El Reg. “Full Tilt should never have gotten into a position where it could not repay player funds. For the last 15 months, I have worked hard on possible solutions to get the players repaid. Returning today is part of that process.

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Sponsored by Ad4Game, the Leading Gaming Performance Network

Why Facebook Doesn’t Show your Stuff

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Nice InfoGraphic on Facebook’s EdgeRank. Wonder why despite all your attempts to promote stuff on Facebook, why it doesn’t work? It seems the more fans engage, the more Facebook shows the stuff to your fans and other people. Thus, it’s seems pretty smart to always get a few people who are involved with your brand or facebook page. This is especially important to marketers if you are looking to get more people to see your information and buy products via your fanpage.

Sponsored by Ad4Game, the Leading Gaming Performance Network

(InfoGraphic) Affiliate Marketing 101

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When I try to explain affiliate marketing to a lot of people, they look at me strangely as if I’m talking in another language. Maybe I’ve been in the industry so long that it’s obvious to me. Well, as simple as it seems, some people just don’t get it. Here’s a simple InfoGraphic from the PepperJam folks that should explain it a little better for anyone who asks.

Google’s Android is Under Pressure

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The highly competitive battle between Apple and Android has recently been taking a turn for the worse in Android’s case. Apple has just recently won an injunction that will ban the sale of the Android powered Galaxy Nexus in the United States. This could have quite a serious effect on the plight of the Android smartphone, if the case holds up. The world of smartphones could change completely if Apple continues to attack Android, essentially winning their ongoing battle for the spot as King of the mobile kingdom.

Sure, the Galaxy Nexus wasn’t exactly a best selling phone, but it isn’t the only time that Android has had legal troubles recently. Apple has been putting Android under the knife for a while, with their past injunctions against Motorola and HTC. Now, what makes this a clever attack is that the blows have never been directly on Android itself. However, by raking some its best selling hardware manufacturers over the coals, Apple is just as effectively hurting Android. Essentially what Apple is doing is causing wireless carriers to think about taking another look at their options which is in turn making Android’s presence in the smartphone market significantly weaker.

At ABI Research, analysts are saying they are sure that Apple is trying to target Android. Michael Morgan, an ABI Research analyst writes, “While the injunction is directed against Samsung, all of these different patent cases are being brought against Android devices,” and, “In the end, it seems it is really Android that is being hit by this.”

Apparently, Apple’s reason for the lawsuit is simply that the Nexus runs on Android’s Ice Cream Sandwich, and supposedly goes against patents belonging to Apple. The chances are, Apple won’t stop at Samsung’s Nexus, and with their new Galaxy 5 series doing well in markets, there’s a good chance it will be the next target.

For the world of marketing, when a company is going through hard times, it’s often wise to back out while they’re still up. Well, this conflict of law between Apple and Android is no reason for such measures as giving up on Android all together. Apple may have the ability to accuse Android of infringing on patents, but it’s obvious that Android has quite a bit to offer to advertisers. It’s hard to believe that Apple would be capable of ruining Android with a few accusations and lawsuits, for in many cases Android is doing much better than Apple in the mobile market. Sure, Apple may have gained a significant upper hand for the time being, but both companies are very successful, meaning that Android will always find a way to stay neck and neck with Apple. In sum, advertising with Android is not going to crumble anytime soon, and the company will retain its standing in the mobile world regardless of lawsuits. This news should not strike fear into the hearts of advertisers that spend quite a bit on Android advertising, because the company will continue to be reliable and the competition with Apple will live on.

Data, Dance, and Daring Campaigns: Erin Levzow’s Approach to Building Loyalty

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How Mango Habanero, Metrics, and Masterful Moves Redefined Marketing Genius Every so often, a guest comes along who doesn’t just raise the bar—they throw it into orbit. Erin Levzow is one of those guests. From the moment she joined The ADOTAT Show, it was clear we were in the presence of brilliance. Erin is a marketing powerhouse, blending emotional intelligence with razor-sharp strategy, all wrapped in a package of humor, humility, and dazzling storytelling. She’s the...

Streaming’s Big Lie: The Future of TV Is Already Broke

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Streaming was supposed to be the savior of TV—the rebellious new kid with no commercials, endless content, and an open bar of binge-worthy dopamine hits. But, as Doug Shapiro’s sharp, no-BS research reveals, the revolution is out of cash and looking for a loan. Streaming doesn’t just monetize less—it barely monetizes at all. For every streaming dollar generated, old-school pay TV is making it rain with three dollars in subscriber fees and seven dollars...

How to Narrow the Scope of Information Sought by an FTC Civil Investigative Demand (CID)

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A civil investigative demand (“CID”) is the instrument by which the Federal Trade Commission exercises its compulsory process authority in connection with investigations.  CIDs may require the production of documents - including electronically stored information – or tangible things, the provision of testimony, and the providing of written responses to questions. A CID must state the nature of the conduct constituting the alleged violation which is under investigation and the provision of law applicable to...

Did Your Company Receive a Letter From the FTC?  FTC Warning Letters and Notices of Penalty Offense

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Recipients of FTC warning letters and notices of penalty offense should be on high alert and act quickly. Their advertising and marketing practices could be in violation of applicable legal regulations. What is an FTC Warning Letter? Federal Trade Commission “warning letters” are intended to warn companies that their conduct is likely unlawful and that they can face serious legal consequences, such as a federal investigation or lawsuit, if they do not immediately stop. ...

The Good, the Bad, and the SPO-ly

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The Hidden Flaws Behind Ad Tech’s Favorite Buzzword. Supply Path Optimization (SPO) is my love-hate relationship in ad tech personified. It’s the reason I fell for this industry’s maddening brilliance—and why it sometimes feels like a bad rom-com where no one learns their lesson. At its core, SPO promises efficiency, transparency, and accountability, and when it works, it’s like watching a Rube Goldberg machine perform flawlessly. But when it doesn’t—and let’s be honest, that’s most...