Insights
Advocacy and Civility in Arbitration: Do They Go Hand in Hand?
September 5, 2017Litigations are notoriously hostile proceedings. All too often, advocates come to arbitrations wanting to apply the same strategies and procedural maneuvers they use in court. In fact, such an approach may backfire and violate ethical standards. Best practices in arbitration advocacy differ greatly from those in litigation.
Read More...What You Need to Know Now about Running Legal Social Media Prize Promotions
July 27, 2017Kyle-Beth Hilfer recently spoke on a webinar offered by The Knowledge Group entitled “Social Media Contests and Sweepstakes: Understanding Legal Considerations and Regulations.” Social media prize promotions boost engagement and brand awareness and attract customers. While sweepstakes and contests have been around for decades, the social media context creates some unique complications. Here are three important questions you need to ask before running social media prize promotions.
Read More...Restaurant Law University: Branding and Marketing Concerns
May 23, 2017Hospitality businesses are becoming increasingly creative in their marketing, not only to win new business, but also to maintain relationships with loyal customers. On June 6, 2017, Kyle-Beth Hilfer will moderate and speak at Restaurant Law University. In her presentation on branding, she will discuss the legal implications of various branding and marketing techniques.
Read More...Influencer Marketing Ills: Legal Problems on Instagram
April 24, 2017The Federal Trade Commission (FTC) has been watching social media influencer marketing campaigns particularly carefully. In the modern world of social media marketing, the line between acceptable business practices and illegal deceptive speech can be blurry. The government agency wants to ensure that consumers are not manipulated with endorsements and testimonials that brands have “bought.” In the first quarter of 2017, the FTC went on the prowl on Instagram to find influencers and brands whose posts may be violating the law. In April, the FTC sent over ninety letters to companies and some celebrity and other social media users, reminding them of the legal requirements for clarity in their influencer marketing.
Read More...How to Negotiate, Prepare for, and Conduct a Licensing Audit
April 12, 2017One of the most frequently overlooked clauses in a licensing agreement is the audit clause. A badly worded clause may leave the Licensor struggling to discover and collect unpaid royalties if the Licensee omits or underestimates revenue collected. At the same time, an overreaching clause leaves the Licensee exposed to business interruption and possible bad publicity. Here is a look at the licensing audit from both the Licensor’s and Licensee’s perspectives.
Read More...Intellectual Property Strategies Every CEO Needs for the Sharing Economy
March 6, 2017The “sharing economy” seeks to empower consumers by freeing them from the burdens of ownership. The savvy CEO may wonder: How can the collaborative crowd distinguish counterfeit product from my trusted trademarked or copyrighted products? How can my company remain profitable when consumers eschew new branded goods and services? In fact, the CEO should take comfort in knowing that the brand’s intellectual property remains relevant and valuable in the sharing economy.
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