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Social Media Marketing

Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

Twitter’s Change Is Too Much, For Me

by Blattel Communications on

Twitter is setting us all free! We can finally tweet a full 280 characters! Life is great! Yeah, not so much. Twitter’s move to expand its character limit is a change that may make the service worse. (This is not to...more

Social Links: Potential cures for cyberbullying & other social media ills; cross-device tracking could imperil employers; should...

After British police unsuccessfully tried to get the blogging platform WordPress.com to remove offensive and threatening posts, the deputy leader of the UK’s Labour Party vowed to urge changes that would make the country’s...more

Brands Beware: FTC Continues Campaign on Social Media Influencer Disclosures

With much fanfare, the Federal Trade Commission (FTC) continues to take actions relating to so-called “social media influencers” who allegedly fail to disclose material connections to the products or brands they endorse....more

FTC: Even implied messages need explicit disclosures

by Thompson Coburn LLP on

On the Internet, it’s not just what you say, but also what you imply. Social media comments, video and image posts, and even tags and “likes,” can carry implied messages, which may create legal liability....more

FTC settles Section 5 claims against company promoting schools to military servicemembers

by Ballard Spahr LLP on

The FTC has entered a proposed consent order with Victory Media, Inc. (VMI) to settle the FTC’s charges that VMI violated Section 5 of the FTC Act by engaging in deceptive acts or practices in connection with its promotion of...more

Part 2: Let’s Get Digital – Building and Protecting Your Food & Beverage Brand

by Davis Wright Tremaine LLP on

Last week, we hosted the first session of a three-part workshop series with Oregon Entrepreneurs Network (OEN) entitled “Recipe For Success—Starting and Scaling Your Food & Beverage Business.” Session #1 focused on building...more

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

by Shook, Hardy & Bacon L.L.P. on

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Affiliate Marketing 101

“What’s affiliate marketing? Should I care?” - The Federal Trade Commission attempted to answer these questions in a new blog post directed to consumers, explaining how the industry works and how to avoid scams....more

#unfaircompetition – limitations to influencer marketing under German law

by Hogan Lovells on

More and more companies advertise their products through so called influencer marketing, using the accounts of social media stars to reach their followers. The Higher Regional Court of Celle decided recently that a company...more

The FTC Won’t Let Me Be: Warnings and Enforcement Actions Targeting Social Media Influencers

by Goulston & Storrs PC on

According to recent Nielsen ratings, the most watched TV shows and live TV events top off at around 20 million viewers. In contrast, the most popular personalities on various social media platforms have well over 100 million...more

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

by Ballard Spahr LLP on

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

Paid to Post? #FTCAdvice for Influencers

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

I Subscribed to What? What Online Subscription-Based Marketers Need To Tell Their Consumers

I am certainly not the only person who has been lured into purchasing a too-good-to-be-true, deeply discounted product online, only to learn that what I actually purchased was a subscription to buy more stuff. Kate Hudson’s...more

The FTC, Like, Revises Its Social Media Endorsement Guides, Bruh!

This month, the Federal Trade Commission (“FTC”) issued a revised version of “Endorsement Guides: What People Are Asking,” a series of questions and answers pertaining to the conduct of “influencers,” that is, anyone who...more

#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements

In 2017, being a “social media influencer” can mean big bucks. Companies are increasingly eager to pay individuals with large social media followings substantial sums to promote products in the hopes of reaching millions of...more

Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

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

#FTCcrackdown: What Brands Need to Know about Using Influencers to Advertise their Products

by Foley & Lardner LLP on

Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post...more

Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement

by Thomas Fox on

Compliance does not exist in a time-warp vacuum, with programs living in 1977 when the first major anti-corruption legislation, the Foreign Corrupt Practices Act was passed. The law has advanced since that time, as has...more

Make Blogging A Reality At Your Firm

by McManis Faulkner on

If your goal is to start a firm blog this year, I wish you great success. In my experience, blogging does not come naturally to law firms but it has value. It may take more than one mention of your project to get it off the...more

Social Links: Can media companies be liable for their talents’ social media posts?; a trade group for social influencers; a...

A defamation suit brought by one reality television star against another—and naming Discovery Communications as a defendant—could determine to what extent (if any) media companies may be held responsible for what their talent...more

More Followers, More (Potential Sponsorship) Problems – What Brands Should Keep In Mind When Sponsoring YouTube Gurus, Instagram...

by Butler Snow LLP on

The FTC recently reviewed numerous Instagram posts by celebrities, athletes, and other social media influencers, and sent out more than 90 letters to those individuals to remind them to “clearly and conspicuously disclose...more

@Handle It With #Care: Right Of Publicity Tips For Companies Who Market Online

by Fox Rothschild LLP on

In a growing world of technology, companies are employing social media platforms to attract new customers and grow their online presence. #Hashtags and @Handles – made popular by Twitter – have proven to be effective sources...more

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...more

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