The FTC Takes Action Against Grubhub
AD Nauseam: A Different Type of Imposter Syndrome
5 Key Takeaways | Petitions for Expungement or Reexamination of the Trademark Modernization Act
5 Key Takeaways | Combating Misrepresentations in Trademark Prosecution and Maintenance
Law School Toolbox Podcast Episode 341: Listen and Learn -- Contract Defenses
Bar Exam Toolbox Podcast Episode 164: Listen and Learn -- Contract Defenses
Law Brief®: Michael Grudberg, Robert Heim and Richard Schoenstein Discuss the Theranos Verdict
Williams Mullen's COVID-19 Comeback Plan: Preparing Today for Tomorrow's PPP Audit
Bar Exam Toolbox Podcast Episode 86: Tackling a California Bar Exam Essay: Remedies
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses
Bank of America Tries Excuse They Often Scoff at in Fraud Suits Filed by DOJ, SEC
When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any...more
As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act....more
Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more
On June 30, 2023, the Federal Trade Commission (“FTC”) announced that it would be publishing a notice of proposed rulemaking on the use of consumer reviews and testimonials. The proposed rule follows FTC’s November 2022...more
The Federal Trade Commission (FTC or Commission) and the Utah Division of Consumer Protection (DCP or Division; collectively with the FTC, Plaintiffs) brought law enforcement actions against defendants Nudge LLC, Dean...more
Texas Attorney General Ken Paxton recently announced his office has reached an $8 million settlement with Google of its lawsuit alleging deceptive radio disc jockey advertisements for the Google Pixel 4 smartphone. You might...more
On April 14, 2023, the U.S. Supreme Court afforded defendants the ability to directly challenge the structural constitutionality and existence of the Federal Trade Commission (and the Securities and Exchange Commission) in...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
Last week, the Federal Trade Commission and state attorneys general in Arizona, California, Georgia, Illinois, Massachusetts, New York, and Texas settled with advertising giants Google and iHeartMedia for deceptive...more
The comment period on the FTC’s proposed rule regarding the use of endorsements and testimonials in advertising ended September 26, 2022. The Request for Comment approved by the Federal Trade Commission in May 2022 sought...more
Cryptocurrency, social media, and celebrity or influencer endorsements have all been top of mind recently, including for advertisers. A newly filed lawsuit is asking a federal court to consider the intersection of these...more
Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the issues of falsely attributed, mischaracterized, and fabricated endorsements – practices that the FTC highlighted...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
Earlier this month, the Federal Trade Commission (FTC) announced that it is now using its Penalty Offense Authority to remind companies not to use fake online reviews or other deceptive endorsements and that stiff penalties...more
The FTC announced that it had sent more than 700 Notice of Penalty Offense letters to major advertisers, leading retailers, large consumer product companies and major ad agencies to put everyone on notice that fake consumer...more
Yesterday, the Federal Trade Commission issued a press release suggesting that the agency will be cracking down on allegedly deceptive practices in social media and online reviews, scrutinizing in particular reviewers who...more
The Federal Trade Commission (FTC) questions whether the impact of its enforcement efforts are truly acting as a deterrent to stop misleading online marketing. In its latest effort to tackle the growing problems arising from...more
Sunday Riley launched her skincare firm Sunday Riley Modern Skincare, LLC (“SRMS”) in 2009 and its skincare products, including Good Genes, Power Couple, U.F.O., C.E.O., Luna and Tidal, have enjoyed tremendous success, having...more
Seyfarth Synopsis: FTC publishes proposed consent order with cosmetic company that posted fake customer reviews but some FTC commissioners place doubt on its effectiveness because there is no financial penalty....more
On November 20, 2018, the United States Federal Trade Commission (“FTC”) proposed two FTC consent orders against two Georgia-based companies, Creaxion Corporation (“Creaxion”) and Inside Publications, LLC (“Inside”) and their...more
Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....more
In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more