A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising...more
Barry M. Benjamin, managing partner of the New York office and chair of Kilpatrick’s Advertising and Marketing group, was honored to moderate a panel at the ANA’s 2023 Masters of Advertising Law Conference, titled Advertising...more
On the cusp of the July 4 holiday weekend, the Federal Trade Commission announced revisions to its Endorsement Guides, the first update since its 2009 predecessor. While the revised Endorsement Guides are not vastly different...more
(a/k/a You can’t know where you’re going unless you know where you’ve been) -
For proper business planning purposes, with the turn of the calendar, it’s a good idea to try to project where the world is going....more
The Federal Trade Commission’s crackdown on misleading and deceptive endorsement practices continues, this time with a set of proposed updates to the Endorsement Guides (the “Guides”). The FTC’s May 19th proposals come hot on...more
Regulatory scrutiny of advertising has ramped up significantly over the past year, and nowhere more so than with (1) environmental, social, and governance (ESG) issues, and (2) social media influencers and the Federal Trade...more
6/17/2022
/ Advertising ,
Best Practices ,
Better Business Bureau ,
Continuing Legal Education ,
Endorsements ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Events ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
NAD ,
Online Reviews ,
Social Media ,
Truth in Advertising
The Federal Trade Commission is getting even more serious about fake reviews and misleading endorsements. While in recent years the FTC has brought a few enforcement proceedings that resulted in settlements, on October 13,...more
When dealing with influencers, advertisers must manage a wide range of legal issues, including limiting risks around any tattoos that may appear on an influencer’s body. A 2011 case involving the assertion of a copyright...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to present at a recent Practicing Law Institute Bridge the Gap program discussing legal issues...more
Barry M. Benjamin, partner in the New York office and chair of Kilpatrick Townsend’s Advertising and Marketing group, was honored to moderate a panel discussion at the 2019 New York State Bar Association’s Annual Meeting, for...more
While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more
12/12/2018
/ Facebook ,
First Amendment ,
Influencers ,
Instagram ,
Intellectual Property Protection ,
Online Platforms ,
Popular ,
Risk Mitigation ,
Social Media ,
Social Media Policy ,
Twitter