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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

Buckingham, Doolittle & Burroughs, LLC

How to Manage Facebook Reviews

Did you know that Facebook is the largest social networking site? Business News Daily reports that Facebook has more than 2.91 billion active users, making it a vital platform for small business sales, social media marketing,...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

Lathrop GPM

FTC Warns Endorsements Could Lead to Civil Penalties

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Yesterday, the Federal Trade Commission issued a press release suggesting that the agency will be cracking down on allegedly deceptive practices in social media and online reviews, scrutinizing in particular reviewers who...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

Butler Snow LLP

Trying to Prevent a SLAPP to the Face in Tennessee

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It is well known that small businesses often live or die by word-of-mouth advertising. This is true even more so today as more and more of U.S. consumers consult online reviews and social media before patronizing a local...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2020

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In This Issue - Influencer Marketing: Top Business and Legal Considerations for 2020 - Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more

ArentFox Schiff

The Power of The Influencer and The FTC

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A key component behind an influencer’s sway on their audience is perceived authenticity — and the FTC has taken notice. Advertising and Intellectual Property Partner Pamela M. Deese recently spoke with the BBB National...more

ArentFox Schiff

New Guidelines Cement FTC’s Strong Influence Over Influencer Marketing

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The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more

Holland & Knight LLP

Key Takeaways from FTC's "Disclosures 101 for Social Media Influencers"

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The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more

BCLP

FTC Issues Guidance on Proper Disclosures for Social Media Influencers

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Many retailers and online businesses leverage social media to boost brand awareness and promote product sales. The FTC recently has issued guidance on what social media influencers need to do when endorsing products. ...more

Holland & Knight LLP

Social Media Regulation: Advertising, Marketing and the FTC

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Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more

Holland & Knight LLP

HIPAA Settlement for Social Media Disclosure

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Healthcare providers face a dilemma when patients post complaints or make other statements on social media. Just because a patient has made certain information public does not mean that the provider can also post protected...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

Dorsey & Whitney LLP

#HonestAds : A Wrap Up from the 2018 NAD Conference

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We are back from the 2018 National Advertising Division Annual Conference: The Truth About Advertising Law – Recent Developments and Best Practices that took place over two days in downtown New York. We heard from the NAD...more

Dorsey & Whitney LLP

Advertising Your Glowing Online Reviews – How To Substantiate Ad Claims Based on Consumer Reviews

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We’ve blogged a few times about consumers’ rights to post negative reviews online, and what businesses should know about the Consumer Review Fairness Act (the “CRFA”), but what happens if you are lucky enough to receive so...more

Dorsey & Whitney LLP

What the FTC Wants Businesses to Know About the New Law Protecting Consumers’ Rights to Post Negative Online Reviews

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In a recent blog post, we introduced you to the new Consumer Review Fairness Act (CRFA), which prohibits businesses from including non-disparagement or “gag” clauses in their form contracts. The CRFA goes into effect...more

Holland & Knight LLP

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

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Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Allen Matkins

Non-Disparagement, The Magna Carta And Yelp

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Disparagement isn’t what it used to be. In the good old days, disparagement meant a marriage to a social inferior. The word itself is derived from the Old French word Old French, desparagier, meaning to degrade. The...more

BakerHostetler

FTC Clarifies Native and Online Ad Obligations

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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

Morrison & Foerster LLP - Social Media

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

King & Spalding

Online Advertising: When In Doubt, DISCLOSE

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The FTC has approved the final order in its February complaint against AmeriFreight for failing to disclose that it compensated consumers for their online reviews. Coordinated and paid advertising campaigns that do not...more

K&L Gates LLP

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

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Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

Morrison & Foerster LLP - Social Media

Status Updates - November 2014 #2

..Bad chords. A European musician’s attempt to stop a negative concert review from continuing to appear in Internet search results is raising questions about whether the EU’s “right to be forgotten” ruling could prevent the...more

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