News & Analysis as of

Endorsements

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

Foster Garvey PC on

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

Foster Garvey PC on

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

Foster Garvey PC

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

Foster Garvey PC on

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

Seward & Kissel LLP on

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

Foster Garvey PC on

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

Kelley Drye & Warren LLP on

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

Zelle LLP on

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

Foster Garvey PC on

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

Venable LLP on

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

McCarter & English, LLP on

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

Morgan Lewis on

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

Fox Rothschild LLP on

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

Lowenstein Sandler LLP

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule...

Lowenstein Sandler LLP on

On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment...more

Foster Garvey PC

Sports & Entertainment: Rock Royalties, NIL Lawsuits, and Carmelo’s Cannabis Venture

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Welcome back to the Spotlight! With my being glued to the Yankees game, amongst other things, I will be brief here. But hopefully, I have left just enough meat on the bone for you to dig in below....more

Carlton Fields

FINRA and SEC Float Concerns Over Social Media Finfluencers

Carlton Fields on

Social media marketing is an important form of advertising in our digital world, particularly with a target audience of younger investors. This has caught the eye of FINRA and the SEC....more

Proskauer - Regulatory & Compliance

Launch of the Taskforce on Inequality and Social-related Financial Disclosures

The Taskforce on Inequality and Social-related Financial Disclosures (“TISFD”) launched on 23 September 2024. Background - The TISFD is a global initiative with the aim of developing recommendations and guidance for...more

Kelley Drye & Warren LLP

Reflections on Fat Bear Week

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Unbeknownst to me (until yesterday), Fat Bear Week has been a big event for the past ten years. As far as I can tell, it’s like a reality show in which the contestants are bears, instead of humans. And unlike some human...more

WilmerHale

FTC Finalizes Rule Banning Fake Reviews and Testimonials & Touts New Rule at Open Commission Meeting

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The Federal Trade Commission (the FTC or the Commission) voted on August 14 to approve its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (Final Rule). The Final Rule, which will be effective on October...more

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