State AG Pulse | Content moderation vs. free expression
Fashion Counsel: Privacy in the Retail Fashion Industry
H.R. 1: Digital Ad Regulation and Foreign National Prohibitions: What Political Advertisers and Ad Platforms Need to Know
Law Brief: The Legal Perils of Video Marketing
Ron Camhi Discusses the Importance of Mobile Advertising
Celina Kirchner Discusses Social Media Advertising Laws
The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a...more
On March 18, 2024, FINRA announced that it has fined a broker-dealer $850,000 in connection with the firm’s program to pay individuals with followings on social media sites (i.e., “influencers”) to promote the firm in social...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
The regulator described the steps it is taking to increase scrutiny of advertisements about financial products and services on social media platforms. On 3 February 2023 the FCA published an analysis of its financial...more
A bigger question may be: how do companies prominently disclose ad content in a limitless space? The metaverse virtual world is a shiny new sandbox for brands to play in. Just as sponsored content dominates social media,...more
Recently, Ad Standards Australia (Ad Standards) found two social media influencers breached the Australian Association of National Advertisers Code of Ethics (the Code) in relation to their obligations to disclose paid...more
The widespread use of social media platforms make them ideal for companies trying to reach a large audience. Pharmaceutical and consumer products industries frequently maintain their own social media accounts and partner with...more
A key component behind an influencer’s sway on their audience is perceived authenticity — and the FTC has taken notice. Advertising and Intellectual Property Partner Pamela M. Deese recently spoke with the BBB National...more
With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101...more
Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal...more
The Federal Trade Commission (FTC) this month issued new guidance on the use of social media influencers in marketing campaigns. And though it breaks little new ground, the guidance provides perhaps the clearest examples yet...more
Remember when you were a teenager and rules seemed excessive and tiresome to follow? And remember getting grounded because you missed curfew ("nothing good happens after midnight") or skipped school ("Bueller? … Bueller?…")?...more
The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more
Many retailers and online businesses leverage social media to boost brand awareness and promote product sales. The FTC recently has issued guidance on what social media influencers need to do when endorsing products. ...more
Holland & Knight hosted Michael Ostheimer, a senior attorney for the Federal Trade Commission (FTC), for a webinar presentation on Oct. 17, 2019. Mr. Ostheimer has been with the FTC for nearly three decades, currently serving...more
Is traditional advertising dying in the Digital Era? Not only is offline marketing facing a slow death (goodbye, classifieds!), but companies are realizing that traditional online advertising may be losing its power....more
The DOJ is considering joining its European counterparts in targeting Google for potential antitrust violations focused on Google’s “advertising practices and influence in the online advertising industry,” possibly including...more
Prepare to meet the challenges of the rapidly evolving legal and regulatory landscape of the cosmetics and personal care products industry. A new paradigm is emerging in 2019. Ensure you are prepared to meet the global...more
The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have become accustomed to, however, is deregulation across a wide variety of...more
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
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