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Social Media › Misleading Statements

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 -
Herbert Smith Freehills Kramer

The Uses and Abuses of Electronic Communications and Social Media in Company Takeovers

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Emails, text messages and other electronic communications are commonplace during a takeover bid. They may be sent to all target shareholders or only to a selected group. To maximise their impact, often these messages are...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

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

Robinson+Cole Data Privacy + Security Insider

TikTok’s Motion to Dismiss Denied by NY State Court

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New York Attorney General Letitia James and 13 other Attorneys General filed suit in October 2024 against TikTok “for misleading the public about the safety of its platform and harming young people’s mental health.” TikTok...more

A&O Shearman

Northern District Of California Dismisses Class Action Against Social Media Company

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On May 19, 2025, Judge Edward J. Davila of the United States District Court for the Northern District of California dismissed without prejudice a proposed securities fraud class action asserting claims against a social...more

Kelley Drye & Warren LLP

NAD Finds Advertiser Responsible for Influencer Post it Didn’t Request

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A beauty influencer posted a video on TikTok that purported to show how Huda Beauty’s Easy Bake Setting Spray is stronger and lasts longer than Charlotte Tilbury Beauty’s competing spray. Huda reposted the video on its...more

Fishman Haygood LLP

Plaintiff Counsel’s Mid-Trial Social Media Post Results in Reversal of Jury Verdict in Illinois Court of Appeals

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An Illinois appellate court recently reversed a $43 million jury verdict in a personal injury case (Kroft v. Viper Trans, Inc.)1 involving an automobile collision, remanding the case for another trial—now the third—after the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Legislative Update: New Technology, Privacy and Cybersecurity Laws

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The Regular Session of the 95th General Assembly is set to adjourn sine die on Monday, May 5, 2025. During this session, the Arkansas legislature passed several bills relating to technology, privacy and cybersecurity which...more

Kohrman Jackson & Krantz LLP

Three Legal Mistakes Influencers Make and How to Avoid Them

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In the rapidly evolving world of social media marketing, content creators are an invaluable asset for brands seeking to reach a larger audience. Influencers effectively assist brands in showcasing brand values, gaining...more

Hinch Newman LLP

What Digital Marketers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

Hinch Newman LLP on

As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading...more

Shipkevich PLLC

New Rule Issued by FTC Focuses on Fake and AI-Generated Reviews, Imposes Heavy Civil Penalties

Shipkevich PLLC on

The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

Epstein Becker & Green on

The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

ArentFox Schiff

New SEC Guidance on Marketing Rule: Ensuring Compliance in Advertisement and Marketing Material for Investment Advisors 2024

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The US Securities and Exchange Commission (SEC) recently released two new sources of guidance for the Marketing Rule. On February 26, the SEC Division of Investment Management released an FAQ clarifying how to include gross...more

Foodman CPAs & Advisors

Redes Sociales Pueden Generar Problemas En Asesoramiento Fiscal

Foodman CPAs & Advisors on

El 4/8/24, el IRS continuó actualizando la lista de la Docena Sucia para 2024, incluyendo cómo el asesoramiento fiscal en redes sociales puede causar problemas a los contribuyentes a medida que circulan información fiscal...more

Foodman CPAs & Advisors

Social Media Tax Advice Can Lead To Trouble

Foodman CPAs & Advisors on

On 4/8/24, the IRS continued updating the Dirty Dozen list for 2024 including how social media tax advice can lead taxpayers to trouble as inaccurate or misleading tax information is circulating. IRS is re-issuing a warning,...more

Troutman Pepper Locke

FINRA’s First Disciplinary Action Targeting Firm’s Use of Social Media Influencers

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The Financial Industry Regulatory Authority’s (FINRA) Enforcement Division recently announced its first settlement involving a firm’s supervision of social media influencers. The respondent, M1 Finance LLC (M1), is a...more

Guidepost Solutions LLC

[Webinar] Countering Disinformation: Under Attack! - March 19th, 2:00 pm EST

Guidepost Solutions LLC on

Social media and digital spaces are the prisms through which people view the world. It is where people communicate, receive news and information, and develop beliefs of morality, ethics, and fact. Truth has become relative...more

Husch Blackwell LLP

Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers in 2024?

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In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were updated. Much has changed...more

Davis Wright Tremaine LLP

A Dream Is a Wish Your Heart Makes: Aspirational Claims in Advertising Can Be Misleading, Too

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The end of a year and the beginning of a new one can be a time of reflection and a time for thinking about the future and what it may hold. It is a time for making lists of resolutions, goals, and aspirations...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - December 2023 - 2

Davis Wright Tremaine LLP on

FTC Warns Influencers That Disclosures Miss the Sweet Spot - The Federal Trade Commission (FTC) continues to be very clear that policing the failure to disclose material connections by influencers when posting social media...more

Troutman Pepper Locke

8 Ways Life Sciences Cos. Can Adapt to the Social Media Era

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Social media usage worldwide is showing no signs of slowing as it permeates all aspects of our daily lives. Originally published in Law360 - September 11, 2023....more

Mintz - Antitrust Viewpoints

Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections

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Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Decide Federal Government’s Ability to Engage with Social Media Companies in Content Moderation

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After previously finding that the Biden White House and the FBI likely violated First Amendment free speech protections for some users of online social media platforms, the Fifth Circuit expanded its ruling to find that the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - September 2023

Davis Wright Tremaine LLP on

Suit Alleging Madison Reed Hair Color Claims Are Deceptive Will Live to "Dye" Another Day - Allegations that Madison Reed misrepresented the safety and quality of its at-home hair dying products survived a motion to...more

Foley & Lardner LLP

Regulating Influencer Marketing: A Comparative Analysis of Laws Across the World

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In today’s digital era where social media is at the core of all business, influencers have emerged as pivotal players in the world of marketing, wielding significant influence over their followers and the brands they...more

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