The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Digital Planning Podcast Episode: Planning for Influencers
Ad Law Tool Kit Show – Episode 8 – Social Media, Influencers, and Endorsements
(Podcast) The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
State AG Pulse | Influencers, Identify Yourselves, Says FTC
Podcast - The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods
The Briefing: Unmasking Luxury Knockoffs – Amazon Sues Influencers for Promoting Counterfeit Goods
Podcast - The FTC's Focus on Social Media Advertising Policies
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Utilizing Social Media to Generate IP Value
Podcast: The Briefing from the IP Law Blog - Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit
The Briefing from the IP Law Blog: Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit
Labor & Employment Symposium - Topics: Religious Accommodations—Vaccinations; DOL Mental Health Parity Audits
5 Key Takeaways | The Law of Advertising
In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise,...more
Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 Delve into the legal terrain of influencer marketing from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from...more
Nelson Mullins invites you to join hosts John Heitmann and Joshua Guyan as they welcome Kelly Whitehart who will provide our communications, internet, and technology clients an overview of advertising and marketing issues...more
We’ve seen this scenario (one too) many times before: the business/marketing team comes to the in-house legal team and wants to run a sweepstakes or contest to promote a brand or a new product line. Surprise! They are hoping...more
FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more
Influencing has grown to a $21 billion industry. In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more
The Federal Trade Commission (FTC) recently finalized updates to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (Guides), which address the FTC’s latest thinking about how the...more
A contract provision could give influencers the power to escape a sponsorship with a company engulfed in bad PR. In June 2020, women’s clothing retailer Anthropologie posted a Maya Angelou quote to its social media feed....more
Generative AI is creating previously unimaginable possibilities for influencers and brands to engage with consumers. Rather than merely posting on social media, influencers will be able to utilize AI to have two-way...more
Here I go again. 23 goals for ‘23. As always, I can’t wait to sink my teeth into this list. And again, as always, I share my goals openly with you to share inspiration, build community, and help motivate one another to...more
As a society, we tend to admire celebrities, which can greatly influence our desire to purchase the products they promote. A single celebrity endorsement can increase sales by 4% (if not more). Many popular consumer products...more
“And I heard ‘em say, ‘nothin’ ever promised tomorrow today”; that is, unless, that promise was memorialized into a properly drafted and negotiated brand licensing agreement. Brand licensing agreements are essential for...more
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
In 2021, non-fungible tokens (NFTs) generated overall sales of close to $25 billion and became one of the year’s most defining cultural phenomena. This trend has continued with NFT sales topping $2 billion in the first...more
The Federal Trade Commission (FTC) is poised to issue updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides) following a comment period on the proposed changes. This Holland & Knight...more
Social media is a great frontier to build and expand brand equity. Companies use it to create brand identities and even brand “personalities.” On the latest episode of Trending Now - An IP Podcast, Courtney Reigel and Ed...more
The biggest event of the year in college sports just concluded as national champions were crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the...more
There was a good piece in MediaPost’s Marketing Insider, available here, on business considerations for working with B2B influencers. We thought we might add our legal tips to Justin Levy’s five tips list. That way we get to...more
In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser...more
The FTC has sent a strong message to industry that it plans to hold companies responsible for using endorsements and customer testimonials that deceive consumers. The recent warning signals the FTC’s focus on fake reviews...more
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
Last week, we started to take a look at key issues sponsors should be mindful of when entering into a sponsorship agreement, particularly for sponsorship of a team, event, venue, individual influencer or player, or similar...more