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In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
In the golden age of television, when Mr. Whipple touted Charmin and the Maytag Man spun washers and dryers, it was obvious such characters were fictional product advocates. But in today's world of social media "influencers," many of them entertainment celebrities, confusion abounds as to whether these modern masters of messaging actually use or believe in the products they're endorsing.
With the Federal Trade Commission (FTC) amping up its scrutiny in this space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck. That means being proactive in drafting contracts with influencers and sweating the details — from morals clauses to guardrails for messaging to how and whether the company can reuse influencer content down the road.
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.