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Background Checks: An Essential Tool for Influencer Marketing, Sweepstakes, and Contests

July 12, 2021

Specialized background checks are highly recommended to protect brands using influencer marketing or publicizing prize promotion winners.

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New FTC Guidance: How to Avoid Legal Problems with Influencer Marketing

November 26, 2019

In November 2019, the FTC issued its “Disclosures 101 for Social Media Influencers.” This blog addresses some frequently asked questions that this firm’s clients ask about influencer marketing.

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Influencer Marketing Ills: Legal Problems on Instagram

April 24, 2017

The 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.

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Influencer Marketing Programs: The FTC is Watching

October 28, 2012

The FTC recently closed its investigation of the Hewlett-Packard Company and its public relations firm, Porter Novelli, Inc. for violations of the 2009 Endorsement and Testimonial Guidelines. In a case that closely mirrors the Ann Taylor investigation of 2010, the FTC provided insight into how it determines whether to proceed with charges. (To read its closing letter, click here.)

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Hot Topics in Advertising Law 2024: Priorities and Risk Mitigation

February 13, 2024

In 2024, brands and their agencies confront a heightened regulatory environment. They should address twelve hot topics in advertising law.

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The NFT Marketplace: Philosophy, Legal Issues, and Risk

April 25, 2022

The NFT marketplace has exploded, and so has legal risk for its participants. Commercial entities and consumers alike see NFTs as marketing tools, investment strategies, and business drivers. All participants are trying to determine the rules for the road, philosophically as well as legally. This blog focuses on the philosophical underpinnings of the NFT’s ecosystem and associated legal issues.

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