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A Cheat Sheet from the National Advertising Division Conference 2024

​​​​​​​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

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

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

Sued for Posting a Meme – That Just Happened

Last week, we blogged about Gigi Hadid getting sued for reposing a photo of herself on Instagram and the post received a lot of interest. So we thought we’d also let you know about Fiji Water Company, LLC getting sued for...more

Sued for Reposting a Photo of Herself on Instagram - That Just Happened to Gigi Hadid

Earlier this week, a company called Xclusive-Lee, Inc. filed a complaint in federal court against the fashion model Gigi Hadid (real name Jelena Noura Hadid) alleging willful copyright infringement when Gigi reposted a photo...more

Influencer Advertising: The SEC, Not Just The FTC, Could Be Watching

Avid readers or this blog know that the FTC spends as much time on Instagram and other social platforms as your favorite millennial, but who knew that the SEC also spends it’s working hours perusing posts on popular social...more

#HonestAds : A Wrap Up from the 2018 NAD Conference

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

About that Dodge Super Bowl Ad

Did you catch that Dodge commercial everyone is talking about with the Rev. Dr. Martin Luther King Jr. voiceover? Many viewers took to Twitter last night to express their belief that the use of the speech to sell trucks was...more

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

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

Sued for Retweeting – Yes, That Just Happened

On Monday this week, a sports psychologist named Keith Bell sued King’s College in Pennsylvania and its football coach, Jeffery Knarr, for retweeting a photo of a page of Dr. Bell’s book “Winning Isn’t Normal.” In his...more

The Latest Influencer Advertising Tips from the FTC – When, How & Where to Make Effective Disclosures

As we blogged about earlier this month, the FTC seems to have spent much of its summer checking out influencer advertising and focusing its attention on those who fail to make the necessary disclosures of material connections...more

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

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

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

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

The FTC Gets Specific on Influencer Material Connection Disclosures

A few weeks ago we blogged about the FTC’s warning letter writing campaign to brands and influencers about disclosure of material connections on Instagram. At that time, the FTC had only released sample letters – one for one...more

Dear Influencers: #FullDisclosure we use Instagram too. Love, The FTC – Warning letters provide guidance to influencers,...

Instagram is now home to more than 600 million users, including many popular brands, celebrities, online influencers, famous dogs, regular people and regular dogs (full disclosure this regular dog is mine). As its popularity...more

Avoiding the Road to Ruin in Your Road To Rio Marketing Blitz

Late last month, the United States Olympic Committee (the “USOC”) sent a few not so nice warning letters to brands that sponsor athletes, but chose not to pay the “golden” price of becoming an “official” sponsor of the games....more

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