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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 +
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Venable LLP

Influencer Disclosure Lawsuits Face Setback: Eleventh Circuit Rules for Luli Fama

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Following a recent uptick in influencer-related lawsuits, the Court of Appeals for the Eleventh Circuit recently affirmed a dismissal of a putative class action against apparel company Luli Fama. The complaint alleged that...more

Holland & Knight LLP

Tracking Trends in State-Level Consumer Protection Enforcement

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In this episode of "Clearly Conspicuous," consumer protection attorney Anthony DiResta reviews recent trends in state-level consumer protection enforcement. He highlights notable actions by state attorneys general (AGs)...more

Loeb & Loeb LLP

NAD Finds Brand Responsible to Try to Cause Take Down of Influencer's Social Media Post It Didn’t Pay For

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The National Advertising Division (NAD) recently looked at a complaint over a social media video posted by an influencer. The interesting thing about this case is that the brand didn’t ask for the video to be posted, and the...more

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

Arnall Golden Gregory LLP

Using Popular Songs in Social Media? How to Avoid Costly Copyright Mistakes

Companies that rely on digital marketing and social media are now facing serious consequences over music copyright. Many have been hit with multimillion-dollar lawsuits for unwittingly using popular songs in social media...more

Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

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When The White Lotus returned to HBO for its third season, it came with the usual dose of dramatic tension, along with one unexpected intellectual property wrinkle. [WARNING – Potential Plot Spoiler Ahead!] In a particularly...more

Akin Gump Strauss Hauer & Feld LLP

European Commission Invites Comments on Future Digital Fairness Act

On 17 July 2025, the European Commission (EC) launched a public consultation on a future Digital Fairness Act. The consultation is open until 9 October 2025. European Union (EU) and non-EU stakeholders are invited to submit...more

Good2bSocial

14 Tips for Writing The Perfect Attorney Website Bio

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Your professional bio is more than a formality—it’s often the first impression you leave with potential clients. When someone hires an attorney, they’re not just choosing a service; they’re placing their trust in someone they...more

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram and...more

Loeb & Loeb LLP

What Gen AI court rulings mean for content owners and creators

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Recent court decisions in two highly publicized Gen AI cases favored the platforms and may start to reduce the concerns over using Gen AI. But content owners and those working for them should still understand the legal...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

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

Bennett Jones LLP

Influencers: Navigating IP Ownership, Reputational Harm and the Rise of AI-Driven Avatars

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Influencers have become a cornerstone of modern marketing strategies. A social media influencer is an individual who has established credibility, expertise or a strong personal brand in a specific niche or industry and uses...more

Stradling Yocca Carlson & Rauth

The Legal Side of Sweepstakes: What Every Brand Needs to Know

“It’s just a giveaway. What could go wrong?” You’d be surprised. A fun marketing initiative can quickly become a legal headache. Behind every good sweepstakes is a legal minefield—one that many brands don’t recognize...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

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

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Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #449 – Scammers Hijacking Websites to Insert Fake Support Number

Malwarebytes recently reported that it has found scammers hijacking websites of name brands, including banks, software companies, and social media platforms to trick victims into calling a fraudulent telephone number instead...more

Kelley Drye & Warren LLP

Musk Bans Hashtags on X Ads

On June 26, 2025, Elon Musk posted on X: ​“Starting tomorrow, the esthetic nightmare that is hashtags will be banned from ads on X.” Below that post, one user asked Musk’s AI chatbot Grok whether it recommends using hashtags...more

Kelley Drye & Warren LLP

2025 AGA Annual Meeting Wrap-Up: Day 2

In part two of this three-part series on the Attorney General Alliance (AGA) 2025 Annual Meeting, we highlight panelists’ discussions on the safety and regulation of GLP-1 medications and the role of attorneys general in...more

Kerr Russell

May I Use Patient Information to Respond to Internet Criticism?

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Question: It was recently brought to my attention that a patient posted on the internet false and misleading information regarding treatment I provided to her. The posting also contains false and defamatory descriptions of me...more

Baker Donelson

Digital Marketing Meets DOJ Oversight: What Businesses with Digital Campaigns Should Do to Manage AdTech Risks

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With the ease of apps and websites for planning activities, whether it be vacations, business trips, or shopping, we open ourselves to multiple sources of being followed across devices by collecting, analyzing, and sharing...more

Fox Rothschild LLP

Influencer Aesthetic Dispute Resolves by Voluntarily Dismissal

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What has become known as the “Sad Beige Lawsuit” ended on May 28, 2025, when influencer Sydney Nicole Gifford (“Gifford”) voluntarily dismissed all claims against fellow influencer Alyssa Sheil (“Sheil”) with prejudice. The...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

Husch Blackwell LLP

Proposed State Privacy Law Update: June 23, 2025

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Keypoint: Texas enacts two amendments to its data broker law while New York’s legislature passes a social media warning bill. Below is the twenty fourth weekly update on the status of proposed state privacy legislation in...more

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