(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
Great Women in Compliance: The Compliance Influencer with Bettina Palazzo
LEGAL ALERT | NAD Finds Kevin Hart’s Social Media Disclosures Insufficient in Monitoring Decisions
(Podcast) The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
(Podcast) The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
(Podcast) The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
(Podcast) The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?
The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?
(Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The FTC’s Proposed Rule Banning Deceptive Reviews and Testimonials
Podcast - Influenciadores y Publicidad
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1
The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing - Part 1 (Podcast)
Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more
In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more
The Federal Trade Commission (FTC) has been cracking down on social media influencers and dietitian creators related to endorsements and disclosures. It began last November, when the FTC sent warning letters to a dozen...more
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
The FTC sent warning letters to two trade associations and twelve online health influencers warning them that they may have violated the FTC Act by failing to adequately disclose payments for social media posts promoting the...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
Social media platforms have gained considerable importance in the field of online marketing in recent years and caused controversial legal questions. The German Federal Court of Justice (BGH) recently dealt with these in a...more
Social-Media-Plattformen haben in den vergangenen Jahren auf dem Gebiet des Online-Marketings erheblich an Bedeutung gewonnen und für umstrittene Rechtsfragen gesorgt. Der BGH griff diese zuletzt in einer Reihe von...more
Influencers who received goods or services free of charge from companies and then link to them on their social media channels, for example, by placing what is known in Germany as a "tap tag," generally have to label such...more
Influencer, die von Unternehmen kostenlos Waren bzw. Dienstleistungen erhalten und diese anschließend auf ihrem Social-Media-Kanal verlinken, beispielsweise durch das Setzen eines „Tap Tags“, haben die Beiträge grundsätzlich...more
The Second Circuit recently reversed an injunction stripping designer and Instagram influencer Hayley Paige Gutman of her Instagram accounts in a dispute with her former business partners. Ms. Gutman is a wedding dress...more
Due to diverging case law by the courts of instance, there has been considerable legal uncertainty with regard to influencer-marketing in Germany. The obligation of influencers to label certain posts as advertising has not...more
When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet....more
A well-known German influencer has to mark her posts on Instagram as advertising if she uses so-called “tap tags” to link her posts with the Instagram profiles of other brands. This was recently decided by the Higher District...more
In April 2018, the Federal Trade Commission (“FTC”) wrote to Florida-based Teami LLC (“Teami”), a Florida-based producer of Teami tea and skincare products, reminding it of the requirement set forth in the FTC’s Endorsement...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
Last year, we posted that Snapchat’s public relations firm had filed a lawsuit against an influencer who allegedly failed to comply with the terms of his agreement....more
Recently, the Federal Trade Commission (“FTC”) and the U.S. Food & Drug Administration (“FDA”) issued joint warning letters to four sellers of e-liquids, the nicotine “juice” used in vaping regarding their use of social media...more
Bombay Hair tools, Daniel Wellington watches, FabFitFun boxes, HelloFresh meal kits, SugarBearHair vitamins, and more. Spend any time on Instagram and chances are you will encounter influencers promoting these products,...more
The recent Netflix and Hulu documentaries about the Fyre Festival have thrust the failed event back into the spotlight. That was a few scandals ago, so for those of you who don’t remember it, here’s a short recap....more
Last week, Gonzalo wrote about the letter Truth in Advertising sent to the FTC, urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. And earlier this week, we learned that the...more
Earlier this week, Truth in Advertising (or “TINA.org”) sent a letter to the FTC urging the Commission to investigate Diageo’s use of influencers to market Ciroc vodka on Instagram. According to the letter, TINA.org collected...more
While individuals can interact with celebrities, brands, and anyone else on social media with impunity and little legal risk, companies may not. Companies and the brands they manage occupy a different space because companies...more
Datenschutzgrundverordnung stark im Zeichen des Datenschutzes. Viele Unternehmen hatten die Mammut-Aufgabe, die relevanten Anforderungen des Datenschutzes an die Verarbeitung personenbezogener Daten umzusetzen. ...more
It is no secret that the world of fashion is full of surprises. On Monday, June 4, 2018, Kim Kardashian West won the Council of Fashion Designer of America (“CFDA”) first-time Influencer Award and commented: “I’m kind of...more