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SAG-AFTRA's Influencer Agreement and Waiver
Influencer marketing is expected to reach $16.4 billion in 2022. "Influencers" are those individuals, including celebrities, who create content and share it through their social media platforms to influence the opinion and/or purchasing decisions of their social media following. Brand marketers currently dedicate a significant portion of their clients' advertising budget to influencer-related marketing. For years, the legal framework governing the collaboration between influencers, advertisers and brands has been comparable to the Wild West, presenting multiple legal challenges to navigate.
In 2017, the Federal Trade Commission (FTC) issued its Guides Concerning the Use of Endorsements to encourage clear and truthful influencer advertising. Prior to the FTC compliance policies, influencers were not required to disclose to consumers whether they actually liked a particular product or simply received compensation to promote the product. However, the FTC Endorsement Standards only respond to one of the many challenges that influencer-related advertising presents for brands, advertisers and the influencers themselves. Further, social media use itself presents legal challenges for influencer advertising. For example, the use of third-party content without permission, although encouraged by the mechanics of social media platforms, is explicitly prohibited in influencer advertising. The unauthorized use of third-party intellectual property — including photos, videos and other content that includes third-party trademarks, copyright protected material and other proprietary rights — exposes influencers and brands to liability.
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.
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.
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.