News & Analysis as of

Social Media › Marketing › Advertising

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 -
Dorsey & Whitney LLP

Spotlight or Lawsuit? Strategic Brand Use in Film and Media

Dorsey & Whitney LLP on

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

Akin Gump Strauss Hauer & Feld LLP on

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

Good2bSocial on

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

Kelley Drye & Warren LLP

NAD Decision Leaves Unanswered Questions about Content Creator Disclosures

Kelley Drye & Warren LLP on

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

Kelley Drye & Warren LLP on

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

Bennett Jones LLP on

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

Stradling Yocca Carlson & Rauth on

“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

Potomac Law Group, PLLC

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

Potomac Law Group, PLLC on

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

Roetzel & Andress on

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

Kelley Drye & Warren LLP

Musk Bans Hashtags on X Ads

Kelley Drye & Warren LLP on

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

Baker Donelson

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

Baker Donelson on

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

Fox Rothschild LLP on

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

American Conference Institute (ACI) on

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

Arnall Golden Gregory LLP

Not a Second Time: FDA’s Office of Prescription Drug Promotion Issues a Warning Letter to a Company for Unlawful Promotion

Arnall Golden Gregory LLP on

The authors were thinking of the Beatles’ 1963 song, “Not a Second Time,” when we read the latest Warning Letter from the Food and Drug Administration’s Office of Prescription Drug Promotion. The company received a Warning...more

Kilpatrick

Influencers on the "Free Stuff" Train Require Monitoring for False Claims

Kilpatrick on

A recent National Advertising Division (NAD) decision provides a warning that sending free stuff to influencers may make you responsible for what those influencers say, even without a formal relationship between the brand and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advertising Won’t Fix a Broken Culture

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

I’ve been working with organizations—political, civic, religious, and business—since my days at Stony Brook, back when I was involved with student political groups and the school paper. I’ve written ad copy, designed flyers,...more

Kelley Drye & Warren LLP

[Webinar] Navigating the Maze of Influencer Marketing - June 4th, 1:00 pm - 1:30 pm EST

Kelley Drye & Warren LLP on

Join Kelley Drye for a fast-paced, practical webinar, “Navigating the Maze of Influencer Marketing.” This 30-minute session will cover what companies need to know to stay compliant with evolving FTC guidance, class action...more

Weintraub Tobin

(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Weintraub Tobin

The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing

Weintraub Tobin on

Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara...more

Fenwick & West LLP

Are You Monitoring Your Influencers? Huda Beauty's NAD Case Is a Reminder

Fenwick & West LLP on

The National Advertising Division (NAD) recently reviewed marketing claims tied to Huda Beauty's Easy Bake Setting Spray. At issue was a TikTok video from an influencer claiming the spray was the “strongest setting spray...more

Weintraub Tobin

(Podcast) The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Weintraub Tobin

The Briefing: Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

Weintraub Tobin on

A class action lawsuit has been filed against ALO Yoga and several influencers for failing to disclose that various social media campaigns were actually paid ads. Weintraub attorneys Scott Hervey and Tara Sattler break down...more

Hogan Lovells

The use of influencers in France to promote health products and services online

Hogan Lovells on

The online practices of influencers are now specifically regulated in France since a new legal framework has been set up with the law of 9 June 2023, amended on 6 November 2024 (the “Law”). The Law aims at regulating...more

Vorys, Sater, Seymour and Pease LLP

Surge in Copyright Claims by Music Publishers for Unauthorized Use of Music in Social Media Marketing

Vorys, Sater, Seymour and Pease LLP on

Music publishing companies are increasingly sending demand letters seeking payment for unauthorized uses of music that appear on social media platforms as part of brands’ social media marketing efforts. Recently, there has...more

Kelley Drye & Warren LLP

NAD Decision Focuses on Influencer, in Addition to the Brand

Kelley Drye & Warren LLP on

Earlier this month, we posted about a decision in which NAD determined that influencer Brittany Mahomes had not adequately disclosed her relationship to Skims Body – a fashion brand that specializes in underwear and...more

336 Results
 / 
View per page
Page: of 14
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide