News & Analysis as of

Endorsements

Miles Mediation & Arbitration

The Impact of NIL Deals on College Sports: How They Benefit Schools and Student-Athletes

By the time you read this article, we will have crowned our 2025 College Football Playoff champion. If you watched even a slice of college games, then you heard multiple stories about “NIL” and the “collectives”. What exactly...more

Cozen O'Connor

Unpacking Dark Patterns

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“Dark patterns” have increasingly been the focus of legislative and regulatory scrutiny. Yet the phrase is never used in business. No business designs a website, mobile app, or business process with the instruction, “let’s...more

Kelley Drye & Warren LLP

NAD Holds Celebrity Social Media Posts Need Disclosures

Under the FTC’s Endorsement Guides, influencers and celebrities have to disclose any material connection they have to the brands they promote ​“when a significant minority of the audience for an endorsement does not...more

Foster Garvey PC

Super Bowl Recap & Industry Highlights: Love, Controversy, and AI Take Center Stage

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Welcome back to the Spotlight! Love is in the air around here for Valentine’s Day, which is more than can be said for last weekend’s Super Bowl. For one thing, the Philadelphia Eagles, a team for whom I hold no love, handily...more

Foster Garvey PC

From Grammys Glory to Super Bowl Spectacle: This Week in Sports & Entertainment

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Welcome back to the Spotlight! If you missed the GRAMMY Awards last week—as nearly 10% fewer did TV-ratings-wise, as compared to the last year’s show—allow me to start off with a little primer. Females largely owned the...more

Fox Rothschild LLP

Annual Super Bowl Post

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My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement. This year, demand for ad space was “robust” with...more

Foster Garvey PC

Big Deals, Bold Moves & Industry Shifts Across Sports, Music and Entertainment

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Welcome back to the Spotlight! The stage for Super Bowl LIX is set, with the Philadelphia Eagles due to square off against the 2-time defending champion Kansas City Chiefs. More history repeating itself (a la Groundhog Day)...more

BakerHostetler

NAD Keeps It Real: Recommends Modification of Reality TV Ambassadors’ Posts to Clearly Disclose Material Connection to Clothing...

BakerHostetler on

The National Advertising Division (NAD) of the Better Business Bureau is just like us! They seem to watch “Love Island” and maybe even “Too Hot to Handle” (#blushing) if the latest news is any indicator....more

Eversheds Sutherland (US) LLP

Film Room: Contingent Offers and NIL - Now, Pre-House Approval

In this week’s Film Room, we’ll flag key issues to consider as you optimize the NIL strategy for your campus following the NCAA’s Updated Q&A Regarding the Impact of the Proposed Settlement, which provided notable guidance on...more

Foster Garvey PC

A Week of Pop Culture Twists: Spotlight on TikTok, Utah Yetis, Post Malone Oreos and Netflix Bites

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Welcome back to the Spotlight! If you tuned in last week and you came here expecting clarity on the TikTok saga now that a week has gone by, I’ve got a bridge (and social media platform) to sell you. I bet you’d even believe...more

Foster Garvey PC

Sports & Entertainment Spotlight: Navigating Uncertainty in 2025

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Welcome back to the Spotlight! This may (or may not) be the last weekend that TikTok is operational in the United States, with legislation due to come into effect on January 19, 2025 that would ban TikTok failing Chinese...more

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)

Weintraub Tobin on

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

Cozen O'Connor on

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

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