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Interpreting FTC's New Endorsement Guidelines
[Editor's Note: Many celebrities serve as product endorsers in advertisements. But outside these traditional endorsement settings, some celebrities tout goods during press interviews without disclosing that the product companies are compensating the celebrities for the accolades. In part to address this concern, for the first time since the 1980s the Federal Trade Commission (FTC) recently overhauled its guidelines and liability parameters for product endorsements and testimonials. The new guidelines also address the promotion of products through Internet, social networking and other new media. These updated guidelines, which took effect Dec. 1, also cover the use of consumer endorsements and reviews. Entertainment companies that promote products ' and celebrities who blog and tweet ' through new media should consider how these guidelines may affect their marketing practices.]
Increasingly, marketing is occurring virally, particularly via the Internet, mobile and other evolving media, through word-of-mouth (WOM), including by means of the use of product sampling and consumer reviews, comments and recommendations. Product sampling involves distributing products to influential new-media users/authors in the hope that they will positively discuss the product with their followers and friends. Such so-called “recommendation marketing,” which may or may not encompass product sampling, is well suited for consumer-driven social media and can take many forms ' ranging from paying or encouraging an influencer to write a blog or post or tweet about a brand.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor
The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."