News & Analysis as of

Internet Marketing

Texas Taking the Lead in State Cryptocurrency Enforcement

by Jackson Walker on

While the SEC has worked over the last several months to provide meaningful guidance around the offer and sale of digital tokens, state securities regulators have now begun to take action, with Texas leading the way. In the...more

#Ad and the challenges of native advertising and social influencers

by Hogan Lovells on

Westminster Media Forum recently hosted a seminar to discuss native advertising and social influencer marketing and their measurement, regulation and impact on brands....more

Study highlights prevalence of counterfeit and fraudulent goods online

by Thompson Coburn LLP on

Beneath the partisan rhetoric over “fake news” lies an important reality: Fraudulent practices thrive online — not just in news, but also in offerings of goods and services. Fake online stories, like the PizzaGate story,...more

Here’s why you’re getting those unsolicited mailings about clinical trials

When consumers around the country started getting letters from a company that they had never heard of, inviting them to participate in clinical trials for medical conditions that they hadn’t disclosed to many or didn’t even...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

Influencers, Hashtags and Disclosures: The FTC’s Response and Commercial Considerations

by Patrick Law Group, LLC on

The Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, recently issued 90 letters reminding these influencers and marketers about the FTC’s requirements...more

Updates Regarding the FTC Guidelines for Promoting Products on Social Media

by Buchalter on

In July of 2015, I wrote about the New FTC Guidelines for Promoting Products on Social Media. I discussed the FTC’s rationale, concerns and stance on using social media to advertise and promote products. At the time, when the...more

Your newest Instagram follower, the FTC: Agency reminds endorsers and marketers to #disclose with over 90 warning letters

by Hogan Lovells on

The Federal Trade Commission (FTC) reminded celebrities, social media influencers, and marketers that failing to disclose material connections to the products they endorse is #notokay. Please see full Publication below...more

Brands Beware!!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides

In response to a petition from a coalition of consumer groups last year complaining about the need for disclosures by social media influencers, the FTC recently announced on April 19, 2017 that it had issued more than ninety...more

[Webinar] Does Your Company's Distribution Strategy Create Legal Risk? – April 27th, 12:30pm EST

by Pepper Hamilton LLP on

What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more

The ReSET – Bots Gone Awry: What Businesses Can Learn

by Womble Bond Dickinson on

Understandable attention has been given to the weaponization of social media and its impact on political, commercial and personal realms. Less attention has been spent on the effect of such automation on companies’ internet...more

Trick Or Treat: Cookies And Consumer Privacy In Online Advertising

by McManis Faulkner on

The proliferation of online goods and services means consumer data is available to those with a need or interest in possessing it. One method providers and third party partners employ to collect online consumer data is the...more

Paid Celebrity Endorsements in Social Media: The FTC Is Watching

by Goulston & Storrs PC on

How much trust do you place in celebrities who endorse products on social media platforms such as Instagram, Snapchat, Facebook, Twitter, and YouTube? Do you stop to consider whether they are compensated for their efforts...more

Regulators and Industry Thought Leaders Discuss Issues in Social Media Advertising - Highlights from "The FTC, Native Advertising...

by Holland & Knight LLP on

Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more

Are Online Trolls Ruining Social Media Marketing?

Earlier this year, I helped moderate a lively panel discussion on social media business and legal trends. The panelists, who represented well-known brands, didn’t agree on anything. One panelist would make an observation,...more

Focus to Grow: A Winning Practice Strategy for a Digital Age

by Knapp Marketing on

Lawyers often tell us they have limited time to devote to marketing and business development and want to know the most effective way to maximize their time. Without hesitation, our response is “specialize!” (Actually, because...more

Show Me the Money: Are Social Media Celebrities and Other Online Content Creators Really Raking in the Cash?

Social media has allowed aspiring authors, musicians, filmmakers and other artists to publish their works and develop a fan base without having to wait to be discovered by a publishing house, record label or talent agency....more

Is blogging dead? (Guest post by Adrian Lurssen)

by Adrian Dayton on

Is Blogging Dead? In anticipation of our March 17th Webinar, Power Blogging: 5 Strategies to Take Your Content to the Next Level – I asked Adrian Lurssen, co-Founder of JD Supra this question. I asked for two sentences....more

FTC Enforcement Action Highlights Advertising Risks for Retailers

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has announced an enforcement action against Lord & Taylor, a retail department store, for allegedly deceiving consumers by not disclosing paid endorsements and promotions during a social...more

CASL Enforcement (Part 1)

by Field Law on

Since July 1, 2014, Canada’s Anti-Spam Law (or CASL) has been in effect, and the software-related rules have been in force since January 15, 2015. With the benefit of hindsight, we can see a few patterns emerge from the...more

Advertising and Issuing Credit Online

by Davis Wright Tremaine LLP on

DWT’s Payments Team participated in the ABA Consumer Financial Services Committee’s Winter Meeting in Park City, Utah last week. Andrew Owens delivered a presentation on advertising and issuing credit online during the...more

FTC Provides Guidance to Businesses Engaged in Native Advertising

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently issued an enforcement policy statement on deceptively formatted advertisements, which explains how it applies established consumer protection principles to different advertising...more

Trending: Facebook Fined, Breaches European Data Privacy Laws

by BakerHostetler on

Facebook is yet again being tagged in a breach of data protection laws, but this time it’s ‘checking-in’ to a European court in Brussels, Belgium. A recent slew of cases, in which Facebook is the leader, hints at stricter and...more

Google seeks dismissal or stay of email scanning litigation

Google has recently asked a California federal court to dismiss a proposed class action alleging that the company’s practice of scanning Gmail users e-mail for marketing data violates federal and state privacy laws, primarily...more

Thumbs Up or Down? Facebook Forced to Disclose Market Data for User Messages

by BakerHostetler on

Facebook, the world’s largest social network, is no stranger to litigation or criticism for its utilization of user data that has resulted in lawsuits. And one of those in particular complained about what happens when...more

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