The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
Podcast - The FTC Takes Action Against Old Southern Brass for False "Made in the USA" Claims
AD Nauseam: A Different Type of Imposter Syndrome
Ad Law Tool Kit Show – Episode 12 – Telemarketing and Texting
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Podcast)
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Consumer Finance Monitor Podcast Episode: The Federal Trade Commission: Looking Back at 2023 and Looking Ahead to 2024 and Beyond
AD Nauseam: The Best Podcast (Fact or Puffery?)
Ad Law Tool Kit Show – Episode 9 – Copyright Counseling and Protection
The FTC Takes a Closer Look at Blurred Advertising to Children
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
Ad Law Tool Kit Show – Episode 7 – Payment Processing
AD Nauseam: AI – We Had to Discuss it Eventually – Part 2
Ad Law Tool Kit Show – Episode 5 – Surviving an FTC Investigation
AD Nauseam: AI – We Had to Discuss it Eventually
September 30 is the SEC’s fiscal year-end, so it's no surprise to see an uptick in enforcement cases this month. The latest slew of settlements involved violations of the Marketing Rule (Advisers Act Rule 204(4)-1) for...more
A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more
We have previously written an OnPoint about the law concerning ownership of social media accounts in light of the explosive growth in the use of such media for commercial advertising, product development and customer...more
This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act — that provides new guidance on how to distinguish...more
Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more
Recently, the U.S. Securities and Exchange Commission (the “SEC”) announced charges against an investment adviser (the “Adviser”) for using hypothetical performance metrics in advertisements that were misleading pursuant to...more
As previously blogged about here by FTC defense lawyer, the Federal Trade Commission and state attorneys general continue to aggressively investigate and prosecute those that advertise, market, distribute, promote and sell...more
The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more
In this issue, we cover regulatory developments impacting the investment management sector, including updates on closed-end fund activism and various new and revised SEC rules....more
Social media makes up a significant portion of today’s marketing activity, with paid social media advertising representing a large chunk of marketing budgets. In fact, in 2022, ad spending on social media reached over $173...more
Advertisers, beware. On January 13, 2023, the Federal Trade Commission announced that as a result of a Federal Trade Commission lawsuit, investment advice company WealthPress has agreed to a proposed court order that...more
On November 4, 2022, the U.S. Securities and Exchange Commission (the “SEC”) began enforcing its updated advertising requirements for federally registered advisers. Those rules, described in greater detail here, represented a...more
Influencers and their large and impressionable followings have become a valuable marketing tool for brands big and small. However, brands and influencers alike should proceed with caution as regulators continue to scrutinize...more
On December 20, 2020, the Securities and Exchange Commission (the “SEC”) adopted reforms under the Investment Advisers Act of 1940, which modernized rules that govern investment adviser advertising and payments to solicitors....more
A class action lawsuit filed against Kim Kardashian, Floyd Mayweather, and former professional basketball player Paul Pierce earlier this month underscores the need for celebrity endorsers to take care when they approach any...more
Social Media has gone from frontier to “settled land of influencers” when it comes to brand promotion. In 2020, social media ad revenues reached $41.5 billion, making up nearly 30 percent of all internet and ad revenue. The...more
Overview Rule 502(c) (“Rule 502(c)”) of the Securities Act of 1933, as amended (the “Securities Act”), prohibits an issuer from offering or selling securities by any form of general solicitation or general advertising when...more
On 1 April 2021, the FSMA published a communication containing its final version of the Frequently Asked Questions (FAQs) on the requirements applicable to advertisements for investment instruments when they are offered to...more
The White House has “doubled down” on its recent actions against TikTok by “formally giving ByteDance, the Chinese owner of the popular video-sharing app, 90 days to divest from its American assets and any data that TikTok...more
Investors and investment managers around the globe are seeing increasing rules and regulations on how they can deploy their money, how they can advertise their services, and how they have to report to regulators. ...more
In November 2019, the Securities and Exchange Commission released proposed amendments to Rule 206(4)-1 (Advertising Rule) under the Investment Advisers Act of 1940 (Advisers Act). The Advertising Rule was first adopted in...more
In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more
Private investment funds and advisers are likely to face new regulatory challenges and increased litigation risks in 2017, not only because of a change in the administration, but also because many advisers have not corrected...more
On June 16, 2016, the House Financial Services Committee approved the Investment Advisers Modernization Act of 2016 (H.R. 5424) as part of a package of several economic growth bills. The bill passed with a vote of 47-12 and...more