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FTC Settles with Warner over Paid 'Influencers'
When the Federal Trade Commission (FTC) ramped up its scrutiny of so-called “native” advertising this year, regulators faulted the department store chain Lord & Taylor for failing to disclose that seemingly objective promotions of a clothing collection were, in fact, paid for by the fashion retailer. Then in July 2016, the FTC showed that a company can make disclosures but still fall short of being fair to customers.
The FTC reached a settlement with Warner Bros. Home Entertainment Inc. over allegations the company failed to clearly disclose that it paid online “influencers” for videos promoting Middle Earth: Shadow of Mordor, a video game loosely based on The Hobbit and the Lord of the Rings trilogy.
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.
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.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.