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News & Analysis as of

Building a Successful Social Media App: Four Lessons Learned from Snapchat

Since its launch in 2011, the social media platform Snapchat has generated its share of negative press, with most of that press in some way related to the very characteristic that, at least initially, helped Snapchat to...more

Goldman Sachs Just Exposed Twitter for What it Really Is

When Goldman Sachs announced earlier this month that they would cut out the middle men and release their earnings on Twitter, the Internet predictably lit up with chatter about how Goldman’s move could signal a revolution in...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Technology Industry Newsletter - October 2015

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a...more

Is Nationwide Just Playing the Long Game?

This blog post originally ran on O’Dwyer’s website on Feb. 6. If you didn’t catch Nationwide’s commercial, “Boy,” during the Super Bowl warning parents about the at-home risks facing their children, then chances are you...more

Social networking service, MeetMe, Inc., settles minors’ privacy violations for $200,000

On August 19, 2015, MeetMe, Inc. (MeetMe), a social networking website and mobile app, agreed to pay $200,000 and to change its privacy policies to settle a lawsuit alleging that MeetMe distributed teenagers’ geolocation and...more

When do celebrity endorsements on social media run afoul of the FTC?

Jesse Saivar, chair of Greenberg Glusker’s Intellectual Property Group, was quoted in an August 26, 2015, Daily Journal article, "Endorsements on social media run afoul of FTC," raising concerns of Federal Trade Commission...more

FDA is “Keeping up with Kardashians’” Social Media Posts

On August 7, 2015, the FDA sent a warning letter to drug maker, Duchesnay, over Kim Kardashian’s endorsement of its pills for morning-sickness. Kardashian had made an Instagram and Facebook post which vouched for the...more

FDA Cites Drug Company for Kim Kardashian Endorsement

This week might have been the first time that an FDA regulatory issue hit the headlines on TMZ and other “celebrity watcher” websites. In an August 7 Warning Letter sent to the drug company Duchesnay, Inc., FDA complains...more

New FTC Guidelines for Promoting Products on Social Media

Social media can be used in a multitude of ways for savvy brands to promote their products. A popular approach is providing “celebrity bloggers” with free or discounted items in exchange for a picture, post, tweet or...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Olympic Athletes May Get Chance to Sport Sponsors

Taking office amid widespread criticism surrounding Russian anti-gay legislation and the Sochi Winter Games, International Olympic Committee President Thomas Bach began his leadership in 2013 with reform on his agenda. “It’s...more

Are You Ready for the Attack? Online Brand and Reputation Protection

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no...more

FTC Issues Updated Guidance on Endorsements Compliance

Companies should revisit their policies for influencer programs for compliance with the updated guidance. Online advertising and promotion first attracted the attention of the Federal Trademark Commission (FTC) in 2009....more

Facet One of Social Media and Community Banks - Employees Just Say No

Bankers care deeply about the communities they serve. I need look no further than recent CBE interviews or the good work in my own community funded by local banks or their employees. Stalwarts in community arts, fundraising...more

FTC Clarifies Native and Online Ad Obligations

The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more

Intellectual Property and Technology News (North America), Issue 26, Q2 2015

The Internet of Things: EU vs US guidance - Reports from the European Commission and the FTC on privacy and security best practices for IoT - key issues and highlights... Are IPRs impacting the pharmaceutical...more

Amendments to the PRC Advertising Law: The Practical Implications for Brands

When Will Things Change - The existing PRC Advertising Law (Existing Law) entered into force on February 1, 1995 and has not been amended since then. With the advance of the internet and the fact that the average person...more

Smart ad disclosures in the social media age

Recent actions by the Federal Trade Commission highlight the need for companies to review the sufficiency of their advertising disclosures. Companies should take particular care when launching an ad campaign using social...more

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