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Kelley Drye & Warren LLP

NAD Considers Material Connection Disclosures on LinkedIn

Agendia made two posts on LinkedIn that linked to articles in which Dr. Nathalie Johnson touts Agendia’s genomic test to evaluate early-stage breast cancer over Genomic Health’s competing test. Genomic Health filed an NAD...more

Loeb & Loeb LLP

Illuminating the Risks: FDA Clearance Does Not Fully Shield Health & Wellness Devices from Advertising Scrutiny

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The surge in health and wellness devices—including wearables, beauty devices and more—comes a result of consumer interest in preventive health measures. These products offer a range of benefits, from improving skin and...more

Foster Garvey PC

Deals, Déjà Vu and a Dash of Good Fortune: A Week That Had It All

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Welcome back to the Spotlight! In many cultures, the number eight is considered lucky—one that is associated with wealth, prosperity and good fortune. So, it’s only appropriate then that on the eighth day of the eighth month,...more

Bricker Graydon LLP

The Legal Ramifications of NIL Deals

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Since the NCAA lifted its restrictions in 2021, student-athletes have been able to profit from their name, image, and likeness (“NIL”), sparking a major shift in college athletics. Compensation for student-athletes has...more

Foster Garvey PC

Sydney Sweeney Stirs the Internet, Coldplay Gets Caught in the Crossfire and Gilbert Arenas Bets Big Off the Court

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Welcome back to the Spotlight! Allow me to be among the first to welcome you to August. If you’ve made it this far into summer, congratulations on plodding along through joy-blunting, sizzling hot temperatures. That is not to...more

Cozen O'Connor

Florida AG Investigates ESG Market Practices

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Florida AG James Uthmeier announced that his office is investigating CDP (formerly the Carbon Disclosure Project) and the Science Based Targets Initiative for potential violations of Florida’s consumer protection and...more

Loeb & Loeb LLP

Jackson v. Kavanaugh

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District court denies rapper 50 Cent’s motion to preliminarily enjoin release of horror film Skill House, holding plaintiff failed to show likelihood of success, or even serious questions, on merits of his right of publicity...more

Holtzman Vogel Baran Torchinsky & Josefiak

In-Compliance - Holtzman Vogel's July 2025 Political Law Update

Supreme Court Preview: NRSC v. FEC - On June 30, 2025, the United States Supreme Court agreed to hear what may be the most significant campaign finance case since Citizens United freed corporate entities to spend...more

Sheppard Mullin Richter & Hampton LLP

NIL and Sports Representation: The New Wild West

In February, McNeese State’s basketball manager, Amir “Aura” Khan, rose to fame when a video featuring him went viral on X/Twitter. In the video, Khan led players out of the locker room with a boombox on his shoulder while...more

Foster Garvey PC

This Week: Happy Gilmore 2 Tees Off, Cal Raleigh’s Honey Bucket Deal in Seattle, and Snoop Dogg Rolls with Swansea

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Welcome back to the Spotlight! Somehow, we’re nearly in the month of August, which feels both like this year has been going by really quickly, despite it feeling at times like it has gone by really slowly. Time is truly a...more

Lathrop GPM

Understanding the Proposed IRS Settlement Regarding the Johnson Amendment and Churches’ Political Speech Rights

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To settle a case challenging the Johnson Amendment, the IRS has proposed to allow at least two churches to endorse candidates from the pulpit. This proposal has received widespread attention, but many questions remain...more

DLA Piper

Accentuate the Positive, Don’t Eliminate the Negative: What a New FTC Case Says About Managing Your Customer Reviews

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The Federal Trade Commission (FTC) recently announced a new action and proposed settlement with the telemedicine firm NextMed. The action, which may seem familiar to those who followed FTC advertising cases of years past,...more

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

P&G filed an NAD challenge against Dr. Squatch over posts that the company’s influencers and content creators made on TikTok. These creators participate in the TikTok Shop affiliate program through which they can earn a...more

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

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On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Foster Garvey PC

Shane Gillis Cracks Up the ESPYs, All-Stars Hit Homers, and Mahomes Brews a Throne-ific Coffee

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Welcome back to the Spotlight! This past week has been an interesting mish mash of Sports and Entertainment candy. Following on the heels of the Wimbledon Tennis Championship across the pond in England and the FIFA Club World...more

Kelley Drye & Warren LLP

NAD Releases Influencer Trust Index

This week, NAD released Influencer Trust Index: Consumer Insights 2025. The report starts by noting that last year, 82.7% of marketers in the US leveraged influencers in creative campaigns, driving the influencer marketing...more

Loeb & Loeb LLP

The Business Case for Disclosure of Brand Partnerships by Influencers

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The National Advertising Division of BBB National Programs recently released a report that influencers, creators and those who work with them may find particularly relevant regarding disclosure of brand sponsorships:...more

Troutman Pepper Locke

The Top 10 Legal Risks Impacting the Value of a Retail Brand

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Taking your retail brand to the next level and attracting an equity investment based on the value of your brand requires not only business acumen but strategies for brand protection. Protecting your trademarks by way of...more

Foster Garvey PC

Clone Wars, Comedy Deals & Copyright Feels: A Defining Week in Sports & Entertainment

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Welcome back to the Spotlight! Last week you may have celebrated the Fourth of July with hot dogs on the grill (70.5 of them, if you’re Joey Chestnut), your favorite beverage of choice in hand and fireworks. This week, you...more

K&L Gates LLP

Talking Sports Law: A Conversation with Grecia Barboza, San Francisco 49ers Counsel

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On this episode of Talking Sports Law, host Trevor Gates and co-host John Wilson are joined by Grecia Barboza, Counsel for the San Francisco 49ers (National Football League)....more

Kilpatrick

NAD Puts VKTRY Performance Insoles’ Claims to the Test—And It’s No Shoe-In for Superiority

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The National Advertising Division (NAD) recently delivered a pointed reminder to the athletic gear and consumer products industries: if you want to advertise superior performance, you’d better have the science to back it up....more

International Lawyers Network

The Rise of Class Actions in Influencer Marketing: What Brands Need to Know To Protect Themselves 

Class actions targeting prominent brands using influencers to advertise their products on social media are on the rise, accusing brands and their influencers of failing to properly disclose paid endorsements....more

Foster Garvey PC

Draft Dollars, Digital Nostalgia & Data-Driven Judges

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Welcome back to the Spotlight! I write this week with a heavy heart, as I was not selected by a team in the NBA Draft for the 37th straight year. To the naysayers out there who would try to tear me down by pointing out that...more

American Conference Institute (ACI)

[Virtual Conference] The Legal and Regulatory Think Tank for Working with Influencers - July 16th, 9:00 am - 5:30 pm EST

Influencer marketing isn’t just a trend; it’s the new frontier of digital engagement. But with big opportunities come even bigger responsibilities (and risks). Join us for American Conference Institute and Canadian...more

Foster Garvey PC

The Business of Summer: Shaq Settles, Lakers Flip & Joey’s Redemption Trip

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Welcome back to the Spotlight! Allow me to be among the first to welcome you to the official start of Summer and to ask that you turn up your air conditioning. Like clockwork, the temperatures outside are running up toward...more

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