News & Analysis as of

Endorsements

Foster Garvey PC

Starting 2025 with Reflection: Sports, Entertainment, and the Southern California Wildfires

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Welcome back to the Spotlight! I would have loved nothing more than to kick off the first Spotlight of 2025 on a high note. In my own little bubble, winning another fantasy football championship seemed like a promising start....more

American Conference Institute (ACI)

[Event] 8th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation - February 6th - 7th, New York, NY

Join 100+ cross-industry advertising practitioners for comprehensive panel discussions, practical case studies and valuable insights on how to successfully navigate today’s new era of advertising at ACI's 8th Annual Legal,...more

Pierce Atwood LLP

Five Ways Social Media Can Land Your Company in Legal Hot Water

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Social media can be a powerful business tool to connect with customers, but improperly managing your social media platforms can lead to costly mistakes, PR nightmares, and even legal troubles. Whether you’re a small business...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

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While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Weintraub Tobin

(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

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While influencer marketing has become popular in the creator space, it doesn’t come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement...more

Foster Garvey PC

Lights, Contracts, Action: A Holiday Recap of the Year in Sports & Entertainment

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Welcome back to the Spotlight! Since we are in the midst of the holiday season, for my last post this year, I thought it would be fun to try something different and do a holiday-themed recap the year that was. After all, it...more

Seyfarth Shaw LLP

Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

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A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more

Foster Garvey PC

From Contracts to Creativity: The Ever-Evolving Playbook of Sports and Entertainment

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Welcome back to the Spotlight! Just one more installment on the way next week before this dog and pony show packs it in for the rest of the year (pause for groaning, protests and/or sighs of relief). Unlike Juan Soto, I...more

Foster Garvey PC

Wrapping Up the Year: From Electrolytes to Soup-er Bowls and Kosher Deals

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Welcome back to the Spotlight! Hard enough as it is to believe, but as sure as I am incessantly refreshing my web browser for stories about Juan Soto’s free agency, we’re nearly at the end of the year. Indeed, if the cold...more

BakerHostetler

An Endorsement for the FAQs on the Consumer Reviews and Testimonials Rule

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Our team recently attended the ANA Masters of Advertising Law Conference and had the great fortune to hear Serena Viswanathan, associate director for the FTC’s Advertising Practices Division, discuss the Rule on the Use of...more

Cozen O'Connor

Democratic AGs Issue Ringing Endorsement of FCC’s Mobile Phone Unlocking Rule

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A group of 15 Democratic AGs wrote a comment letter to the FCC in support of the agency’s proposed rule Promoting Consumer Choice and Wireless Competition Through Handset Unlocking Requirements and Policies (Rule), which...more

Kohrman Jackson & Krantz LLP

FTC’s “Fake Review” Portal is Live: How Businesses Can Remove Fake Reviews

Once reviews are identified, a company can take steps to remove them. Generally, reviews can be removed in one of three ways: reporting the review to the FTC, reporting the review to the hosting platform, and pursuing legal...more

Arnall Golden Gregory LLP

Best Practices for Brands in Connection With Celebrity Endorsements, Testimonials, and Influencer Marketing Activities

On November 15, 2024, in Dallas, Texas, a 27-year-old social media influencer fought a 58-year-old boxing legend and approximately 108 million people tuned in to witness the spectacle. While not quite the Super Bowl, the...more

Foster Garvey PC

This Week's Spotlight: Thankful for Turkey, Sports Deals, and Dad Jokes

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Welcome back to the Spotlight! With next week being Thanksgiving here in these United States, I wanted to take a moment to give thanks for my family, my readers (those first two not being mutually exclusive), my clients, my...more

Seward & Kissel LLP

SEC Charges Robo-Adviser with Marketing Rule Violations

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Who may be interested: Registered Investment Companies; Investment Advisers - Quick Take: The SEC recently settled charges against a registered investment adviser for violating the requirements of Rule 206(4)-1 of the...more

Foster Garvey PC

Sports Spotlight: From Field to Finance, Endorsements, and More

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Welcome back to the Spotlight! I am going to be brief this week as your intrepid author is battling some sort of a classroom-(and Bloomgarden boy)-incubated sinus infection. I suppose that is one of the occupational hazards...more

Kelley Drye & Warren LLP

FTC Staff Issues FAQs on the ​“Fake Review” Rule

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As we noted in a previous post, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, which went into effect on October 21, 2024, addresses deceptive conduct involving consumer reviews and testimonials and...more

Zelle  LLP

The Fifth Circuit Finds CGL’s Motorized Vehicles Endorsement to Preclude Coverage for Drag Racing

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In what perhaps is truly a “sign of the times,” the Fifth Circuit recently analyzed whether a Commercial General Liability (“CGL”) policy covered drag racing events. See Kinsale Insurance Company v. Flyin' Diesel Performance...more

Foster Garvey PC

The Power of Fame in Politics, Sports, and Beyond

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Welcome back to the Spotlight! In a week that’s been dominated by headlines about the US Presidential election, against my better judgment, I can’t help but dive in to the discussion on some capacity—even though trying to...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #420 – Is that Consumer Review Real or Generated by AI?

I admit that when I am looking online for restaurants, consumer products, and places to stay, I generally look at reviews and they influence my decision. However, there have been numerous reports that reviews are often fake...more

Venable LLP

Foul! SEC Faults Investment Adviser for Inadequate Disclosures on Professional Athlete Endorsements

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The Federal Trade Commission (FTC) isn’t the only regulator in town when it comes to endorsements and testimonials. The Securities and Exchange Commission (SEC) regulates investment adviser marketing under its “Marketing...more

McCarter & English, LLP

Highly Touted Settlement Caps NIL Payments to Student Athletes

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In a much anticipated antitrust class action settlement, a federal judge granted preliminary approval of a $2.7 billion proposed settlement that will cap the amount of money National Collegiate Athletic Association (NCAA)...more

Morgan Lewis

Takeaways from the 2024 National Advertising Division Annual Conference: Charting the Global Future of Ad Law

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Businesses, regulators, academics, and advertising and legal professionals connected in New York City in September to discuss the “Global Future of Ad Law” at the National Advertising Division (NAD) Annual Conference. Some...more

Fox Rothschild LLP

Political Influencers: Entering a New World

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Unless you live under a rock, your news feed has been dominated by the upcoming presidential election and opinions about the respective images and branding embodied by the candidates. What seems different this time is the...more

Foster Garvey PC

Sports and Entertainment Update: Legends in the Limelight

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Welcome back to the Spotlight! To those who were hoping that Tom Brady’s retirement (the second time around) meant that his winning ways in the NFL were over, you might want to sit this one out. Indeed, the future Hall of...more

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