News & Analysis as of

Risk Management Marketing

Perkins Coie

Psychoactive Kratom Draws Continued Scrutiny and Legal Action

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In recent years, plaintiffs have increasingly set their sights on kratom, a controversial botanical supplement, as a target for litigation. With at least 15 putative class-action cases filed in the past year alone, this...more

Weintraub Tobin

(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

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Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

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These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Carlton Fields

No Password Required: CEO of HACKERverse.ai, Disruptor of Cybersecurity Sales and Most Other Things

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On this episode, we sit down with Mariana Padilla, CEO and co-founder of HACKERverse.ai — an AI-driven platform transforming how cybersecurity solutions are tested and purchased. From her early days in education and...more

Kohrman Jackson & Krantz LLP

TikTok on the Clock: Brands Should Begin Monitoring TikTok for Unauthorized Resellers

The ever-growing ecommerce market continues to present new opportunities for brands. But with those new opportunities comes additional challenges in preventing the unauthorized resale of products online. In the past,...more

Lowenstein Sandler LLP

SEC Updates Guidance on the Use of Gross and Net Performance in Advertisements

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On March 19, the Securities and Exchange Commission (SEC) issued a new FAQ response1 that softens prior guidance on the use of gross and net performance in advertisements. The new FAQs (the New Guidance) reduce the burden of...more

Sheppard Mullin Richter & Hampton LLP

Reminder: FDA Does, In Fact, Review DOF

When was the last time you thought about “data on file” (“DOF”)? Probably not recently, but last week, the U.S. Food and Drug Administration (FDA) Office of Prescription Drug Promotion (OPDP) posted an untitled letter (the...more

Sheppard Mullin Richter & Hampton LLP

If You Are Uptight About AI, This May Relax You

While AI has many people uptight, Aescape has developed technology to help you relax – AI robotic massage. Aescape touts that it combines the timeless art of massage with robotics and artificial intelligence to deliver an...more

Fox Rothschild LLP

IFA Takeaway: How AI in Franchising is Driving Growth, Sales, and Competitive Edge

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This week I am continuing to provide some takeaways from a few of the many sessions I attended at the International Franchise Association’s Annual Convention in Las Vegas earlier this month. Google Head of Data Measurement...more

Kilpatrick

Takeaways | Key Takeaways from the Frontlines of Ad Campaigns Gone Wrong and Critical Claim Substantiation Missteps

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Barry M. Benjamin, managing partner of Kilpatrick’s New York office and chair of its Advertising and Marketing group, was honored to present alongside La Toya Sutton of the Clorox Company, at the American Conference...more

K&L Gates LLP

Litigation Minute: A Look Back and Ahead

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What You Need to Know in a Minute or Less - Throughout 2024, we published three series highlighting emerging and evolving trends in litigation. From generative AI to ESG litigation, our lawyers continue to provide concise,...more

Foley & Lardner LLP

Office of the Comptroller of the Currency Updates “Unfair or Deceptive Acts or Practices and Unfair, Deceptive, or Abusive Acts or...

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Financial institutions that are regulated and supervised by the Office of the Comptroller of the Currency (OCC) should know that the OCC has recently updated its booklet on Unfair or Deceptive Acts or Practices (UDAP) and...more

Venable LLP

Marketing to Children: An Excerpt from the Advertising Law Tool Kit

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

Venable LLP

Made in USA Claims: An Excerpt from the Advertising Law Tool Kit

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

Lathrop GPM

Is AI Putting Your Organization at Risk?

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AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more

Good2bSocial

6 Pitfalls Law Firms Should Avoid When Choosing New Marketing Technology Solutions

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If you read our past post on what makes up a modern marketing technology stack, you know that thousands of platforms are available to help with virtually every facet of running your law firm’s day-to-day marketing. Moreover,...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for May 2024

SEC DROPS NEW REQUIREMENT FOR INCIDENT RESPONSE PROGRAMS, PROPOSAL FOR RIAS TO ADOPT CIP, SEC EXAMS SHARES MARKETING RULE FAILURES, RIA SLAMMED FOR FAILING TO RETAIN TEXTS, AND SEC WINS ON SHADOW TRADING THEORY - Welcome to...more

Nutter McClennen & Fish LLP

AI in the Workplace: Balancing Potential, Risks, and Regulations for Employers

Since ChatGPT was released in late 2022, and the subsequent release of Claude, Bing AI, Llama, and Bard, the use of generative artificial intelligence (“AI”) has dramatically increased. Unsurprisingly, employees now use AI at...more

Weintraub Tobin

The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2

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Safeguard your brand in the world of social media marketing, from IP infringement risks to FTC guidelines compliance. Scott Hervey and Jessica Marlow from Weintraub Tobin continue the discussion on legal risks brands face in...more

Woodruff Sawyer

[Virtual Event] Managing Media Risk in the Age of Social Media Influencers: Risk Mitigation and Insurance Considerations - March...

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Influencer marketing has become one of the fastest growing trends in marketing, yet it comes with a growing set of media liability claims. In this webinar, we will contextualize some of the legal liability issues in using...more

Society of Corporate Compliance and Ethics...

Environmental marketing risk

Much is made of the need for accurate reporting in accordance with recognized standards. But this month, I’m returning to a topic I briefly touched on in July 2023, when I discussed the potential for misleading images and...more

Foley & Lardner LLP

Understanding the Risks Associated with Social Media Marketing

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Healthy food and beverage (“F&B”) companies frequently use social media to advertise. When used appropriately, social media campaigns can be incredibly effective tools to help emerging F&B companies reach target consumers,...more

American Conference Institute (ACI)

[Event] 42nd FDA Boot Camp - March 13th - 14th, New York, NY

ACI’s FDA Boot Camp – now in its 42nd iteration – continues to provide the working knowledge of core essentials of FDA law and regulation, including the new amendments under the Food and Drug Omnibus Reform Act (FDORA). This...more

Oberheiden P.C.

Promoters, Endorsers, and Brokers: Understanding the Rules on Securities and Cryptocurrency Investment Advertising

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Promoting securities, cryptocurrency, and other investment opportunities is fraught with legal risks. Individuals who engage in promotional activities must ensure that they have a clear understanding of the federal laws and...more

NAVEX

Risk Management 101: The Human Touch

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In the first part of Risk Management 101, we focused on the foundational elements of risk management. In part two, we’ll look at how the people who keep your organization running, with their unique insights, skills and...more

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