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Venable LLP

Paid Partnership Problems: Uptick in Influencer Class Actions and NAD Scrutiny

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As influencer marketing continues to dominate social media, the legal risks are catching up. In two recent class action lawsuits, companies and their social media influencers are facing allegations of deceptive advertising....more

BakerHostetler

NAD Provides More Guidance on Obligations with Influencers Who Are Gifted Free Product

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The National Advertising Division (NAD) has focused a good deal of its monitoring enforcement this year on cosmetics cases and influencer cases, including lots involving the use of beauty influencers....more

Kelley Drye & Warren LLP

Revolve Faces Class Action Over Influencer Posts

We recently posted about two lawsuits against Celsius and Shein alleging that the companies’ influencer campaigns were deceptive because various influencers (who were also named in the suits) failed to clearly disclose that...more

McNees Wallace & Nurick LLC

From amateur to entrepreneur: NIL’s impact on student-athletes

The introduction of Name, Image, and Likeness (NIL) agreements has fundamentally changed the landscape of college athletics. For the first time, student-athletes can capitalize on their personal brands while pursuing their...more

Fox Rothschild LLP

Annual Super Bowl Post

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My favorite blog post of the year—where I get to assess the best commercials, track the rise in ad costs, and challenge you to identify your favorite celebrity endorsement. This year, demand for ad space was “robust” with...more

Lowenstein Sandler LLP

SEC Settles Against Nine Investment Advisers for Marketing Rule Violations, Underscoring the Continued Priority of Marketing Rule...

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On September 9, the U.S. Securities and Exchange Commission (SEC) announced another series of settlements with registered investment advisers for violations of Rule 206(4)-1, as amended (Marketing Rule), under the Investment...more

Venable LLP

Façade, Fraud: FTC Final Rule Banning Fake Reviews

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On August 14, the Federal Trade Commission (FTC) announced a final rule aimed at protecting American consumers against fake reviews and testimonials. The rule, approved through a 5-0 vote, comes after nearly two years of...more

J.S. Held

The Caitlin Clark Effect, Salaries and Name, Image, Likeness in the WNBA

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In May 2024, Caitlin Clark, the standout Iowa Hawkeyes point guard, joined the Indiana Fever. Her rookie debut coincided with an almost 200% increase in viewership for the WNBA —the so-called “Caitlin Clark Effect.” Of...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

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Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...more

BakerHostetler

10/10 Would Recommend: The FTC’s Proposed Rulemaking on Fake Reviews and Endorsements Indirectly Addresses Review Bombing in Video...

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Could someone please tell my mom that – no – playing three hours of Frogger every day on a hand-me-down Atari did not in fact “melt my brain”? I’m still capable of thoughtful legal analysis, with the help of brilliant...more

Kelley Drye & Warren LLP

Top Advertising Law Developments in 2023

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If you follow our blog, you already know that there have been a number of significant developments in the world of advertising law over the past 12 months. In this post, we highlight ten of those developments and consider...more

Moritt Hock & Hamroff LLP

Avoid The FTC’s Naughty List This Holiday Season: Recent Warning Letters Serve As Good Reminder On Conducting Influencer Campaigns...

With the holiday shopping season well under way, many companies have ramped up their influencer marketing campaigns. Want to avoid the Federal Trade Commission’s naughty list? Recent warning letters sent by the FTC to two...more

Venable LLP

Court Provides Guidance on Social Influencer Advertising in Ethereum Max Crypto Lawsuit

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This week, a federal court in California issued an 80-page opinion that painstakingly walks through claims made against several celebrities who had promoted the Ethereum Max (EMAX) cryptocurrency, also called tokens. The...more

Goodwin

SEC Brings Suit Against Owner of BitTorrent, Inc., and Settles Claims With Celebrity Endorsers of Certain Crypto Tokens

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On March 22, 2023, the US Securities and Exchange Commission (SEC) filed a complaint in US District Court for the Southern District of New York against Justin Sun, the owner of BitTorrent, Inc., a file-sharing platform; three...more

DarrowEverett LLP

What’s Worse: The Pain or the Hangover? Brand Endorsements in the Fallout of Yeezy

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“And I heard ‘em say, ‘nothin’ ever promised tomorrow today”; that is, unless, that promise was memorialized into a properly drafted and negotiated brand licensing agreement. Brand licensing agreements are essential for...more

Foster Garvey PC

Sports & Entertainment Spotlight: Jack Daniel’s and McLaren Racing Toast to an F1 Sponsorship Deal, Because Nothing Goes Together...

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Welcome back to the "Spotlight!" One of the many peculiarities of the English language is the phrase, “family business.” The phrase can refer to a business that is owned and/or operated by several family members. It can also...more

Foster Garvey PC

Sports & Entertainment Spotlight: A Non-Fungible Token (NFT) Entitling the Bearer to a Beer With Bill Murray Fetched the...

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Welcome back to the "Spotlight!" After over two and a half years, COVID-19 has finally made its way past my doorstep and throughout my home. It’s Wednesday night and I am physically and emotionally drained, I feel like I...more

Venable LLP

Branding the Future: Advertising Law, the Metaverse, and NFTs - Part 2

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​​​​​​​In Part 1 of our two-part series about advertising in the metaverse, we summarized its history, discussed its broad implications, and analyzed the attention regulators are giving to false advertising in this area. In...more

Fox Rothschild LLP

Laws Regulating Advertising Targeted at Minors Apply Equally in Augmented and Virtual Reality

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The Children’s Advertising Review Unit (“CARU”), a BBB National Programs unit that monitors child targeted advertising, issued a compliance warning making clear it intends to enforce its advertising guidelines as equally in...more

Foster Garvey PC

Sports & Entertainment Spotlight: Los Angeles Rams Pass Rusher Aaron Donald's Restructured Deal Makes Him $95 Million by 2024; and...

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Welcome back to the "Spotlight!" This may come as a shock to exactly none of you, but people can be really good as casting aside morality in the face of heaps of money. That statement came into sharp focus this week with the...more

Foster Garvey PC

Sports & Entertainment Spotlight: 'Top Gun: Maverick' Appears to Be Another Sequel Holding its Own; and Justin Timberlake Becomes...

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Welcome back to the "Spotlight!" Perhaps you hadn’t heard, or you avoid news that lacks dep-th, but the verdict in the weeks-long, voyeuristically-watched Amber Heard/Johnny Depp defamation trial was announced Wednesday, with...more

Foster Garvey PC

Sports & Entertainment Spotlight: Ye Is the Latest Musician to Forge a Collaboration With a Fast Food Restaurant, and Kim...

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I did not want to write this week. What more can I say other than what has already been said after yet another callous, atrocious, evil, and (perhaps worst of all) familiar mass shooting in this country? Since this is a...more

Foster Garvey PC

Sports & Entertainment Spotlight: Nickelodeon is Set to Broadcast a National Football League Game on Christmas Day, and Formula 1...

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Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak...more

Foster Garvey PC

Sports & Entertainment Spotlight: College Athletes Use NIL Opportunities to Create Bidding War, and Power Couple Jay-Z and Beyoncé...

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Live from New York it’s…wait, that’s not right. Two weeks off, and I’ve forgotten how I open these…ah, yes… Welcome back (both to me and to you) to the “Spotlight.” I would love to be able to say that my batteries are fully...more

Foster Garvey PC

Sports & Entertainment Spotlight: Tennis Mogul Serena Williams’ New Tech Investment Firm Breaks Into the World of Sports...

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Endorsement Deals, Sponsorships & Investments - Second NIL collective supporting Ohio State football launches - April 20, 2022 via Chillicothe Gazette - Gary Marcinick has spent decades around Ohio State football. He was...more

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