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The biggest event of the year in college sports concludes this month as national champions are crowned in men’s and women’s basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. Industry experts estimate that this market grew to a $13.8 billion industry in 2021, with NCAA athlete advertising alone predicted to grow to $1 billion a year within five years. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn’t come without risks. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena. See, “Statement of Comm’r Rohit Chopra Regarding the Endorsement Guides Review,” Comm’n File No. P204500 (Feb. 12, 2020) (https://bit.ly/3D19Utx).
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By Seth Farber, Marcelo Blackburn and Sarah Viebrock
However, when corporate misconduct rises to the level of a crime, and when that crime results in a federal criminal conviction, victims have an alternative: an order of restitution as part of the corporate defendant’s criminal sentence. As discussed below, victims enjoy several strategic advantages in a restitution proceeding that they do not in civil litigation.
By Jay A. Dubow, Joanna J. Cline and Erica H. Dressler
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By Jimmy Hoover
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By Maydeen Merino
The Managed Funds Association and five other industry groups have sued the SEC over its new private fund advisers rule, saying the agency has overreached its statutory authority and interferes with contracts.