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BakerHostetler

A Moral Quandary: Best Practices for Negotiating Morals Clauses in Talent Contracts

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It was late summer in 1921, and Roscoe Arbuckle – known familiarly to movie audiences as Fatty Arbuckle – had just signed a three-year deal with Paramount Pictures under which he would earn an unheard-of $1 million a year. To...more

Davis Wright Tremaine LLP

FCC Admonishes Three Broadcasters for Not Including Nondiscrimination Clauses in Ad Sales Agreements

The FCC's Media Bureau recently issued three orders separately admonishing three television broadcasters in Louisiana, North Carolina, and South Carolina for their failure to adhere to the requirement that broadcasters not...more

Farella Braun + Martel LLP

Copyright Law for Influencers and Brands: How Content Creators and Companies Hiring Them Can Navigate Copyright Law for a...

In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise,...more

BakerHostetler

5 Things to Address in Advertising Platform Agreements

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A while back, I wrote an article titled “3 Things to Address in Digital Media Agreements,” which focused on issues related to the purchase or sale of ad space on different media channels (e.g., websites and mobile...more

Morrison & Foerster LLP - Social Media

Owned: Second Circuit Holds That Traditional Principles Of Property Law Apply To Social Media Accounts

Here at Socially Aware, we have been discussing issues around ownership of social media accounts since the beginning of social media. Just last July, we reported on how a bankruptcy court in Florida forced the founder and...more

Morgan Lewis

FTC’s Final ‘Cars Rule’ on Dealer Sales Practices: Implications for Banks, Auto Finance, and ‘captives’

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The Federal Trade Commission recently issued a final rule that is squarely aimed at changing the way dealers interact with customers in the financing process. The final rule takes effect on July 30, 2024....more

Venable LLP

Advertising Agreements: An Overview

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts, and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

BakerHostetler

Flag on the Play: NIL an Open Question for Athletes, Advertisers and Collectives

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In May 2022, Gervon Dexter signed a name, image and likeness (NIL) deal with Big League Advance Fund (BLA or the Fund). Under the terms of the agreement, the Fund agreed to pay Dexter a one-time fee of $436,485 in exchange...more

BakerHostetler

Consumers Know It Really Is a Barbie World

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Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros....more

Verrill

“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest

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The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really don’t have a good shot at...more

Faegre Drinker Biddle & Reath LLP

Thinking About Engaging an Influencer for Your Next Promotion? Plan Ahead!

Those running promotions such as sweepstakes or contests on social media may seek to engage influencers, or individuals with significant social media followings, to enhance their promotions’ visibility and boost engagement...more

BakerHostetler

3 Things to Address in Digital Media Agreements

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​​​​​​​The ad creative has been produced and approved. The media plan has been crafted. Now it’s time to execute on the plan, and that involves buying the media - i.e., purchasing ad space to place your ads on different media...more

Barnea Jaffa Lande & Co.

Israeli Consumers Can Sue Global Corporations Pursuant to Israeli Law Even if Agreement Determines Otherwise

The Israeli Supreme Court’s ruling in the recent case against Facebook case changes the criteria for determining when the choice of law clause in international companies’ uniform contracts constitutes a discriminatory...more

Lowndes

Outdoor Advertising: How Billboard Landlords Can Protect Their Property and Their Profits

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Billboards are ubiquitous in the landscape along major Florida thoroughfares, at times seemingly blending into their surroundings. They dot (some would say mar) the landscape on farms and ranches along interstates and on...more

Alston & Bird

Class Action & MDL Roundup – Winter 2021

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Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more

Hudson Cook, LLP

FTC Staff Report on Buying and Financing Cars: Part I

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In July 2020, the Federal Trade Commission (“FTC”) issued its “Staff Report on Buying and Financing Cars.” The Staff Report consisted of two separate reports – a report from the FTC’s Bureau of Consumer Protection (“BCP”)...more

McGlinchey Stafford

FTC report highlights concerns with dealer advertising and add-on products

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On July 30, 2020, the Federal Trade Commission (FTC) issued a Bureau of Consumer Protection Staff report titled Buckle Up: Navigating Auto Sales and Financing. The report includes findings from the FTC’s April 2017 study and...more

Seyfarth Shaw LLP

Preventing the “Face” of Your Company from Doing an About-Face for a Competitor

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We previously wrote about whether Peloton instructors are (or should be) subject to non-compete agreements owing to their prominent role as the “face” of the company. ...more

Manatt, Phelps & Phillips, LLP

Influencer Post Lacked Necessary Disclosure, Says British Ad Authority

The British Advertising Standards Authority (ASA) has cracked down on influencer advertising, finding that even if a company did not explicitly require the influencer to post on its behalf, the simple fact that the individual...more

Goulston & Storrs PC

Let’s Get Innovative! - Using short term deals to solve long term problems.

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There continues to be a lot of discussion throughout the commercial real estate industry about competition from online retailers and the holes created by failing and downsizing businesses that have traditionally focused on...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

Nilan Johnson Lewis PA

10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product

Companies can save hundreds of thousands of dollars in litigation fees by taking proactive steps that put them in the best position possible to avoid potential legal claims and defend those that occur. From warnings to...more

Morgan Lewis

Legal Issues in Esports

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In 2018, the esports industry experienced remarkable growth. Poised to become the next multibillion-dollar industry, the esports industry has become a part of mainstream sports. For example, the League of Legends World...more

Perkins Coie

City’s Agreement to Extend Life of Billboards Violated Initiative Measure Prohibiting New Billboards

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The Second District Court of Appeal held that the purported amendment of an agreement to extend the period in which billboards were permitted within the City constituted a new agreement and hence violated the terms of a...more

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