The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
(Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
The Briefing: How “Knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit (Podcast)
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
AD Nauseam: Testimonials and Endorsements – How Many Disclosures is Too Many
NIL Antitrust Litigation - Highway to NIL Podcast
State AG Pulse | Influencers, Identify Yourselves, Says FTC
Podcast - The FTC Cracks Down on Celebrity Endorsers
Podcast - Navigating Social Media and Advertising Law with the FTC
Podcast: The Briefing by the IP Law Blog - Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
The Briefing by the IP Law Blog: Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
Is the Grass Greener? Weighing the Risks and Rewards of Celebrity Branding in the Cannabis Industry – The 2022 Cannalaw Summit: Part 2
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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