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FTC Cracks Down on AI-Generated Fake Reviews – AI: The Washington Report

On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials. The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more

Venable LLP

Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

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This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens. The...more

Goodwin

SEC Brings Suit Against Owner of BitTorrent, Inc., and Settles Claims With Celebrity Endorsers of Certain Crypto Tokens

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On March 22, 2023, the US Securities and Exchange Commission (SEC) filed a complaint in US District Court for the Southern District of New York against Justin Sun, the owner of BitTorrent, Inc., a file-sharing platform; three...more

Nelson Mullins Riley & Scarborough LLP

Nothing Gets Between These Celebrities and Their Crypto... Except a Class Action Lawsuit (and the Feds)

There is little in this world more valuable than fine art. Just ask Paul Allen, whose collection of paintings and sculptures recently fetched over $1.5 billion at auction, including $117 million for van Gogh’s “Verger avec...more

Goodwin

Appeal of Certification of Nationwide Class in ERISA Lawsuit

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On December 1, 2022, the U.S. Court of Appeals for the Second Circuit vacated and remanded a district court’s decision to certify a class of more than 200,000 retirees alleging that collateralized loans serviced by the...more

Spilman Thomas & Battle, PLLC

Is that ‘Possible Misconduct’ in Cryptocurrency Advertising? FTC Investigates

There is more news of recent investigations and charges involving people in the cryptocurrency world. The FTX cryptocurrency exchange recently collapsed. Its CEO, Sam Bankman-Fried, has been arrested in the Bahamas and...more

Oberheiden P.C.

Online Cryptocurrency Promotion: What Athletes, Celebrities, and Other High-Profile Individuals Need to Know

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Online cryptocurrency promotion—and promotion on social media in particular—has garnered national media attention in recent months. First, the U.S. Securities and Exchange Commission (SEC) announced that it had entered into a...more

Bilzin Sumberg

Kim Kardashian Sanctioned by SEC for Unlawful Touting of Cryptocurrency

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Ms. Kardashian found herself on the wrong side of the law Monday, when the SEC entered a cease-and-desist order against her (the “Kardashian Order”), finding her in violation of Section 17(b) of the Securities Act of 1933....more

Foster Garvey PC

Sports & Entertainment Spotlight: Jack Daniel’s and McLaren Racing Toast to an F1 Sponsorship Deal, Because Nothing Goes Together...

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Welcome back to the "Spotlight!" One of the many peculiarities of the English language is the phrase, “family business.” The phrase can refer to a business that is owned and/or operated by several family members. It can also...more

Foster Garvey PC

Sports & Entertainment Spotlight: A Non-Fungible Token (NFT) Entitling the Bearer to a Beer With Bill Murray Fetched the...

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Welcome back to the "Spotlight!" After over two and a half years, COVID-19 has finally made its way past my doorstep and throughout my home. It’s Wednesday night and I am physically and emotionally drained, I feel like I...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Foster Garvey PC

Sports & Entertainment Spotlight: Los Angeles Rams Pass Rusher Aaron Donald's Restructured Deal Makes Him $95 Million by 2024; and...

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Welcome back to the "Spotlight!" This may come as a shock to exactly none of you, but people can be really good as casting aside morality in the face of heaps of money. That statement came into sharp focus this week with the...more

Foster Garvey PC

Sports & Entertainment Spotlight: 'Top Gun: Maverick' Appears to Be Another Sequel Holding its Own; and Justin Timberlake Becomes...

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Welcome back to the "Spotlight!" Perhaps you hadn’t heard, or you avoid news that lacks dep-th, but the verdict in the weeks-long, voyeuristically-watched Amber Heard/Johnny Depp defamation trial was announced Wednesday, with...more

Foster Garvey PC

Sports & Entertainment Spotlight: Ye Is the Latest Musician to Forge a Collaboration With a Fast Food Restaurant, and Kim...

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I did not want to write this week. What more can I say other than what has already been said after yet another callous, atrocious, evil, and (perhaps worst of all) familiar mass shooting in this country? Since this is a...more

Foster Garvey PC

Sports & Entertainment Spotlight: Nickelodeon is Set to Broadcast a National Football League Game on Christmas Day, and Formula 1...

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Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak...more

Foster Garvey PC

Sports & Entertainment Spotlight: College Athletes Use NIL Opportunities to Create Bidding War, and Power Couple Jay-Z and Beyoncé...

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Live from New York it’s…wait, that’s not right. Two weeks off, and I’ve forgotten how I open these…ah, yes… Welcome back (both to me and to you) to the “Spotlight.” I would love to be able to say that my batteries are fully...more

Foster Garvey PC

Sports & Entertainment Spotlight: Tennis Mogul Serena Williams’ New Tech Investment Firm Breaks Into the World of Sports...

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Endorsement Deals, Sponsorships & Investments - Second NIL collective supporting Ohio State football launches - April 20, 2022 via Chillicothe Gazette - Gary Marcinick has spent decades around Ohio State football. He was...more

Foster Garvey PC

Universal Music Group’s Blockbuster IPO on European Stock Exchange Signals Music Biz Resurgence

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- There is that sweet sound of music as Universal Music Group’s IPO debuted as the largest in the history of the music business, with the listing on Euronext Amsterdam valuing the company at more than $53 billion. The stock’s...more

Foster Garvey PC

Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

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- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

Foster Garvey PC

Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

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- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

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Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #4

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Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #3

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“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

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