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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.
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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.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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.