News & Analysis as of

Endorsements

FTC Makes New Strides in Social Media Influencer Space with Settlement, Warnings, and Guidance

by Reed Smith on

This month, online gaming social media influencers Trevor Martin and Thomas Cassell settled the Federal Trade Commission’s first charges against individual failure to disclose material information in social media...more

FTC Takes Hard Line on Social Media Endorsements: Disclose, Disclose, Disclose... (It Matters Given Growing Reliance on Social...

The Federal Trade Commission (FTC) has unequivocally signaled this month that compliant endorsements on social media remain a high priority for this US consumer protection agency because endorsements carry weight and affect...more

FTC Settles Social Media Influencer Investigation With CSGO Lotto

On Sept. 7, 2017, the Federal Trade Commission (FTC) made public its settlement with YouTubers Trevor “TmarTn” Martin, Thomas “Syndicate” Cassell and their company CSGOLotto, Inc. (“Respondents”), over allegations of multiple...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

FTC Remains Focused on Social Media Influencer Practices

This week, the Federal Trade Commission (FTC or the Commission) pursued enforcement action against a number of social media influencers over the influencers’ alleged failures to disclose material connections between...more

FTC Takes Action Against Social Media Influencers

by Kelley Drye & Warren LLP on

Yesterday morning, the FTC announced that it had reached a settlement in its first-ever complaint against individual social media influencers and that it had sent warning letters to other prominent influencers. In addition,...more

Don’t Judge an Insurance Policy by its Cover

by Davis Brown Law Firm on

Whether you are a developer, builder, design professional, subcontractor, or supplier, one of the most important aspects of risk management is ensuring both you, and any entities with whom you contract, have good insurance....more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

Counter-Cyclical Thoughts About D&O Insurance

by Bryan Cave on

It can be a challenge, when economic times are relatively good, to take time away from thinking about new opportunities to discuss topics like D&O insurance. Even though I am biased, I’ll admit that, in those times,...more

#FTCcrackdown: What Brands Need to Know about Using Influencers to Advertise their Products

by Foley & Lardner LLP on

Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post...more

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...more

FINRA Releases New Guidance Regarding Social Media and Digital Communications

by Shearman & Sterling LLP on

On April 25, 2017, the Financial Industry Regulatory Authority (“FINRA”) issued Regulatory Notice 17–18, Social Media and Digital Communications (the “Regulatory Notice”), addressing certain frequently asked questions...more

Augmented and virtual reality - emerging legal implications of "The Final Platform"

by Reed Smith on

In August 2015, Time Magazine declared that Virtual Realty (“VR”) was about to change the world. A year earlier, Facebook bought Oculus VR for $2.3 billion signalling the impact of what Oculus founder Palmer Luckey referred...more

New York's Highest Court Limits Additional Insured Coverage

by Melito & Adolfsen on

New York's Highest Court, the NY Court of Appeals, issued a decision holding that the phrase "caused by your acts or omissions" in the additional insured endorsement requires that the named insured wrongful actions be a...more

#Sponsored – FTC Warns Social Media Influencers to Clearly Disclose Material Connections

Kim Kardashian touting weight-loss teas. Tom Brady plugging Aston Martin. Jennifer Aniston shilling SmartWater. In this time of Facebook, Instagram, Twitter, Snapchat, and countless other social media platforms, it can...more

MarkIt to Market® | May 2017

The May 2017 issue of Sterne Kessler's MarkIt to Market® discusses social media influencers' disclosure of material connections, business transfer clauses, and lists the new gTLD Sunrise periods. Please see full Newsletter...more

New York High Court: No Coverage for Additional Insured Where Named Insured Is Not Partially Liable

by Cozen O'Connor on

On June 6, 2017, the New York Court of Appeals changed the law in New York with respect to endorsements that limit additional insured coverage to liability that is “caused, in whole or in part by” the named insured’s acts or...more

Endorsement Disclosures on the Front Burner Again at the FTC

by Dorsey & Whitney LLP on

Last week, the FTC announced a Complaint and proposed settlement with two trampoline sellers, brothers Sonny and Bobby Le. The Les sold Infinity and Olympus Pro brand trampolines through three websites that touted...more

FINRA on Social Media, Digital Communications

The Financial Industry Regulatory Authority (FINRA) took on social media in new guidance that attempts to apply existing rules governing communications to online networking platforms....more

Banging the Disclosure Drum: The Once Blurry Line between Advertiser and Influencer Continues to Come into Focus

As we have written about time and time again, and as celebrities and influencers gain more and more followers on social media platforms such as Instagram, Snapchat and Twitter, they must exercise care when endorsing the use...more

The FTC Gets Specific on Influencer Material Connection Disclosures

by Dorsey & Whitney LLP on

A few weeks ago we blogged about the FTC’s warning letter writing campaign to brands and influencers about disclosure of material connections on Instagram. At that time, the FTC had only released sample letters – one for one...more

#SocialMedia #Endorsement #Disclosures #Sponsored (notthispost): FTC Warns Social Media Influencers and Advertisers about Failure...

Recognizing the growing role of social media and influencers in marketing today, the Federal Trade Commission announced on April 19 that it sent more than 90 letters to social media influencers and marketing executives...more

FTC Letters to Endorsers Highlight Need for Transparency in Social Media Advertising

by Morgan Lewis on

The Federal Trade Commission sent letters to online influencers and marketers regarding disclosure obligations in social media endorsements....more

FINRA Publishes New Guidance on Social Networking Websites and the Application of Rule 2210

by Morrison & Foerster LLP on

In Regulatory Notice 17-18, the Financial Industry Regulatory Authority, Inc. (“FINRA”) provided additional guidance, in the form of 12 FAQs, on its earlier regulatory notices relating to the use of social media and the...more

5 Key Takeaways: Retail & Consumer Goods Industry Team Presentation “In the Trenches with Social Media”

Kilpatrick Townsend’s Retail & Consumer Goods Team presented a webinar In the Trenches with Social Media, focusing on risk mitigation and solutions. Led by Barry M. Benjamin, partner in the firm’s New York office and chair of...more

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