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#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more

Social Links: Social media influencers earn big bucks for endorsements, while the FTC settles a suit against influencers; European...

In 2016, brands spent $570 million on social influencer endorsements on Instagram alone. This recode article takes a looks at how much influencers with certain followings can command, and whether they’re worth the investment....more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...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

Privacy Perils: Hackers Breach Instagram User Accounts

by Bass, Berry & Sims PLC on

Engineers at Instagram have revealed that hackers managed to gain access to the contact numbers and email addresses (but not passwords) of some of Instagram's users via a bug in the app's API (Application Programming...more

Dear Influencers: It’s the FTC, Again – FTC Issues 21 Follow-up Warning Letters

by Dorsey & Whitney LLP on

Back in the Spring, we posted about a set of 90 warning letters the FTC sent to influencers and brands about the disclosure of material connections on Instagram. While you may have spent your summer trying to unplug, the FTC...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

Defendant’s Request for Social Media Data is Reasonably Calculated to Be Overbroad: eDiscovery Case Law

by CloudNine on

In Ehrenberg v. State Farm Mut. Auto. Ins. Co., No. 16-17269 (E.D. La. Aug. 18, 2017), Louisiana Magistrate Judge Janis van Meerveld, rejecting the defendant’s request for the plaintiff’s social media data as “reasonably...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

What Will Your Social Media Influencer Letter from the FTC Look Like?

by Kelley Drye & Warren LLP on

We have blogged about the FTC’s barrage of letters when they were originally released in April and again last week. Back in May, in response to a Freedom of Information Act request by the National Law Journal, the FTC...more

Instagram Updates Sponsored Post Disclosures

by Reed Smith on

Last month, Instagram launched a new feature to let users know when a post is sponsored, making it easier for users to determine if a celebrity was paid to sponsor a post. Instagram will now have a “Paid partnership with” tag...more

Consumer Groups Push for More Regulation of Influencers

by Kelley Drye & Warren LLP on

In November, we posted that four consumer groups had sent letters to FTC, encouraging the agency to investigate and bring enforcement actions regarding the use of influencers on Instagram. In April, the FTC responded by...more

Moving Beyond #Ad: Instagram Unveils New Tool for Disclosing Endorsements

by Hogan Lovells on

Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid...more

Yes, Facebook and Twitter Posts Can Forever Ban You From the United States

American Embassies and Consulates from London to Lisbon to Lebanon and beyond have put into effect the Trump Administration’s determination to implement global extreme vetting for foreign nationals applying for permission to...more

#Clear and #Conspicuous Paid Partnerships: Instagram Lends Helpful Technology Hand

It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more

Advertising Law - June 2017 #5

Full Disclosure: Instagram to Help Influencers With Compliance - On the heels of dozens of letters sent by the Federal Trade Commission (FTC) to influencers and marketers, cautioning them to make appropriate disclosures on...more

Instagram Announces a New Tool for Influencers

by Kelley Drye & Warren LLP on

Last year, we posted that four consumer groups had sent letters to FTC, encouraging the agency to “investigate and bring enforcement actions related to the practice of non-disclosed advertising through influencer user...more

Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the...

Instagram is now allowing a limited number of users to identify branded content with a “paid partnership” subhead instead of using hashtags like #ad and #sponsored to identify sponsored posts. The platform says it plans to...more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Summer 2017

by Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter. Please see full Publication below for more information. ...more

P. Diddy on Instagram – No Free Pass on Copyright Law

by Dorsey & Whitney LLP on

As Biggie said “Mo Money Mo Problems” – Last month, a New York-based photojournalist filed suit again Diddy’s record label, Bad Boy Records, for posting a photo of none other than P. Diddy himself on his own Instagram...more

Good or Bad? Facebook, Instagram Updated Privacy Policies Could Signal Industry-Wide Crackdown on Social Media Surveillance

by Butler Snow LLP on

Facebook and Facebook-owned Instagram recently updated their privacy policies to protect users from social media surveillance. These updates could lead an industry-wide trend in restricting third-party sales of user data....more

The Changing State of Retail: Creating More Instagrammable Moments

by Robins Kaplan LLP on

If you’ve read any headlines lately about the state of retail, you’ve likely noticed that headwinds are leading to downsizing and debt restructuring. Yet, studies show that consumer confidence is high, and overall retail...more

Influencers, Hashtags and Disclosures: The FTC’s Response and Commercial Considerations

by Patrick Law Group, LLC on

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

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