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Social Networks Influencers

Dorsey & Whitney LLP

A Cheat Sheet from the National Advertising Division Conference 2024

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​​​​​​​Earlier this week we met up in lower Manhattan with friends, colleagues and many news faces at the 2024 National Advertising Division (“NAD”) conference. As always, it was great to see and hear from experienced...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

Venable LLP

Do You Own Your Social Media Account? Minding Your Intellectual Property Rights

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

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Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

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If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

BCLP

‘Finfluencers’ beware - FCA consults on new social media financial promotions guidance

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The FCA is continuing to crack down on firms and ‘finfluencers’ using social media for non-compliant and illegal financial promotions and this week has announced plans to update its existing guidance on social media and...more

Saiber LLC

Social Media Influencer Sues Facebook and Twitter

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In Hart v. Facebook Inc., et al., the United States District Court for the Northern District of California dismissed a social media influencer’s lawsuit against Facebook and Twitter for allegedly violating his First Amendment...more

Goodwin

FINRA Provides Update on Social Media Influencers, Customer Acquisition and Related Information Protection

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In February, FINRA provided an update (Update) concerning the targeted exam (Sweep) launched in September 2021 to review firms’ practices concerning customer acquisition through social media channels and the way firms share...more

BakerHostetler

AD-ttorneys@law - August 2022 #2

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FCC Slams American Scammers for 8 Billion Robocalls - With too many calls to document, carriers are ordered to pull the switch on traffic - One Robo to Call Them All - What sort of activity earns a court order, a public...more

BakerHostetler

A Legal Practitioner’s Guide to NFTs, Digital Advertising and Media

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In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more

Proskauer - Corporate Defense and Disputes

No Influence: Court Dismisses Claim Based on CEO’s Raucous Influencer Parties

Earlier last month, Judge Vince Chhabbria of the United States District Court for the Northern District of California dismissed a novel complaint that the court noted stretched the bounds of when directors of a company could...more

Ervin Cohen & Jessup LLP

FTC Proposes Updates to Endorsement Guides and Requests Public Comment

On May 19, 2022, the Federal Trade Commission (“FTC”) announced that it was considering changes to tighten its guidelines for advertisers against posting fake positive reviews or manipulating reviews by suppressing bad ones....more

BakerHostetler

Testimonial Guides Update - The Things That Make Us Go Hmm

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As we have reported, the FTC has issued its proposal for an update to the Testimonial & Endorsement Guides. These are not THE LAW, because (1) guides are not law and (2) even if we treat them as such, this is a proposal....more

BakerHostetler

Texas’ Latest Lawsuit Against Google Challenges Endorsements Made by Radio Personalities

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Last week, the State of Texas sued Google in state court for allegedly deceptive advertisements by radio personalities (radio DJs) praising the Google smartphone, the Pixel 4. The lawsuit claims that Google violated the...more

Womble Bond Dickinson

You’ve Got Mail (Not the Good Kind): FTC Sends Mass Warning Regarding Deceptive Endorsements

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In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...more

Dorsey & Whitney LLP

The Future of Ad Law: A Wrap Up from the 2021 NAD Conference

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At the end of September and beginning of October we spent some extra screen time attending the annual NAD Conference that once again was held virtually in New York. We heard from a number of great speakers, including the Hon....more

Dorsey & Whitney LLP

What’s in a Name? Influencer Trademark Name Disputes Provide Lessons for the New Year on Clarity in Agreements

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Many industries were negatively impacted by the pandemic in 2020, but one industry that continues to grow is the influencer marketing industry. The influencer marketing model typically involves agreements between companies...more

Maynard Nexsen

Social Media & Influencer Compliance for Financial Institutions

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By 2022, the influencer marketing industry is predicted to be worth $15 billion, nearly doubling from 2019. As the term “influencer marketing” becomes more common across industries, there is one particular industry that is...more

Latham & Watkins LLP

The Lipstick Effect - Are Kylie Jenner and New Technologies Making Beauty Deals Increasingly Attractive for Private Equity?

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Digital due diligence becomes increasingly important when buying digitally native beauty brands. Recent high-profile beauty M&A deals, coupled with current economic uncertainty, have brought renewed interest in the...more

Faegre Drinker Biddle & Reath LLP

Will New FTC Endorsement Guidelines Make A #Hashtag of Influencer Advertising?

In a world where social media influencers can wield more power over consumers than network media buys, the Federal Trade Commission’s (FTC) Endorsement Guides felt increasingly like a relic from an earlier era. While not...more

Bass, Berry & Sims PLC

SEC Considerations For Celebrity Endorsement Deals

This is an update on a December 2018 alert warning celebrities of the dangers of accepting compensation to endorse investments in securities, particularly Initial Coin Offerings (ICOs). The alert discussed charges filed by...more

Searcy Denney Scarola Barnhart & Shipley

Did JUUL Market to Teens? - Investigation is Underway

Teenage Vaping — Unknown Dangers - “What JUUL did that’s different is it exploited social media, where American middle and high school kids live. That was their innovation.” JUUL Market Entry Reversed a Downward Trend...more

Benesch

Point Of Sale Newsletter - Q4 2019

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Consumer activism and conscious consumerism are on the rise, with consumers expected to spend upwards of $150 billion on sustainable products by 2021 in the U.S. alone. Though consumers are willing to pay a premium for...more

Sheppard Mullin Richter & Hampton LLP

After Four Decades, FTC Announces Regulatory Review of The Endorsement Guides: What Does This Portend for Digital Advertisers and...

On February 12, 2020, the Federal Trade Commission (“FTC”) announced that it had voted 5-0 to approve a proposed Federal Register Notice, seeking comment on whether to make changes to its Guides Concerning the Use of...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

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Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

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