Bar Exam Toolbox Podcast Episode 225: Listen and Learn -- Authentication of Evidence
Law School Toolbox Podcast Episode 301: Listen and Learn -- The Confrontation Clause
Bar Exam Toolbox Podcast Episode 137: Listen and Learn -- The Confrontation Clause
Podcast - Listen for the Song in Your Witness' Head
Podcast: Witness Preparation is Okay
Podcast - Rule 6: If You Don't Remember, Say So
Devil in the Details: Gilbert King on Truth and Transparency in the Judicial Process
Podcast - Rule 1: Witness, Take Your Time
The Federal Trade Commission (FTC) has recently announced a final rule that, among other things, prohibits the fabrication and manipulation of consumer reviews, testimonials, and the misuse of social media indicators in...more
Choosing the right background screening vendor is a crucial step for any organization. The stakes are high, and getting it wrong can lead to costly mistakes or legal troubles. If you’re considering making a switch, you’re not...more
The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more
Brand and influencer collaborations are a key component in marketing products and services, as highlighted in our article on Like & Follow! What to know when #advertising with #influencers. Ad Standards recently updated its...more
Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more
Businesses that use and publish endorsements, reviews, or testimonials should be aware of the Federal Trade Commission’s (FTC) updated Endorsement Guides and proposed new rule banning fake reviews and testimonials. Here’s...more
The Federal Trade Commission has issued its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (Endorsement Guides). Last updated in 2009, the significantly revised Endorsement Guides focus on...more
The lead-up to the July Fourth holiday was a busy time for endorsement and testimonial watchers—the FTC issued (i) its final, updated Guides to the Use of Endorsements and Testimonials in Advertising, (ii) an updated version...more
The Business Opportunity Rule (“Biz Opp Rule”) was first adopted in 2012. It applies to commercial arrangements where a seller solicits a prospective buyer to enter into a new business, the prospective purchaser makes a...more
The SEC’s new Marketing Rule compliance date was November 4, 2022. As part of the Marketing Rule, the SEC expanded advisers’ ability to use client testimonials in marketing materials. ...more
On December 20, 2020, the SEC adopted reforms under the Advisers Act which modernized rules that govern investment adviser advertising and payments to solicitors. On September 19, 2022, the SEC Division of Examinations...more
The November 4, 2022, deadline for advisers to implement amended Rule 206(4)-1 (Marketing Rule) and related rules under the Investment Advisers Act of 1940 is fast approaching. Advisers required to comply with the rule are...more
This article focuses on how the new Rule 206(4)-1 (the “Marketing Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”) affects the relationships between investment advisers registered with the U.S. Securities...more
On May 19, 2022, the Federal Trade Commission (FTC or the “Commission”) including Commissioner Alvaro M. Bedoya in his first sitting since being sworn in to the Commission, held an open meeting to discuss two critical topics:...more
On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses to more than 700 businesses, including top consumer brands, retailers, e-commerce platforms and advertising agencies, regarding...more
Social technology platforms allow manufacturers to leverage consumer-generated content about their products (“CGC”) more easily than ever before. Such CGC generally takes the form of written testimonials and product reviews...more
Non-Enforcement - SEC Decides Against Mounting an Appeal in Koch Ruling - The July 2015 ruling by the D.C. Circuit Court in Koch v. SEC will apparently not be challenged by the SEC. The Court ruled in that...more
When the SEC adopted Rules 38a-1 under the Investment Company Act of 1940 (Investment Company Act) and 206(4)-7 under the Investment Advisers Act of 1940 (Advisers Act) in 2003 – which required registered funds and registered...more