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FTC, Instagram Posts, and Endorsement Guides

On May 4, 2017, the public received access to the U.S. Federal Trade Commission’s (FTC) advisory letters to approximately 45 companies and 45 celebrities/bloggers relating to potential “endorsements” on Instagram.  As a result, we now have some additional guidance on the FTC’s expectations with respect to its Endorsement Guides.… Continue reading

Social media and insurance

The mining of social media and the use of big data (vast amounts of available internet data that can be analysed and exploited) by insurers to analyse consumer behaviour will change the face of insurance. The basic principles of insurance include the good faith sharing of information between insurer and insured, a pooling of good … Continue reading

Advertising on the Internet – What Makes a Disclosure “Clear and Conspicuous”?

Increasingly, companies are turning to the internet and social media platforms to advertise their products, often by using native advertising or by providing incentives such as payments or free products to social media “influencers” (Instagrammers, Pinners, Bloggers and Vloggers, to name a few) in exchange for an endorsement. As we have previously discussed, the FTC … Continue reading

Court orders ex-employee to update LinkedIn profile

A South African High Court  on March 8, 2017 reportedly gave a former estate agent five days to correct the employment information on his LinkedIn profile. Three years after Mr. van der Schyff resigned from his position at Danie Crous Auctioneers, his profile still reflected that he was employed there. Despite two years’ worth of … Continue reading

Twitter and hate speech policy

This year seems to have started off in much the same way as 2016 ended. Celebrities, politicians, and everyday people have flocked to social media to provide their commentary on everything from global crises to envelope sagas. Towards the end of 2016, Twitter announced that no person is above their policies, particularly in respect of … Continue reading

Social Media, Age, and the Entertainment Industry

Can a state law prevent a social media site from publicly posting accurate age information about individuals in the entertainment industry—even if that information is posted by users? The California legislature and Governor believed it was permissible, and the legislation went onto effect on September 24, 2016 (Cal. AB 1687, adding Cal. Civ. § 1798.83.5).  … Continue reading

Tort claims may be adapting to a world of social media

The United States District Court for the Southern District of New York ruled, on January 18, 2017, on a defendant’s motion to dismiss replevin, conversion, and trespass claims related to the misuse of various domain names and social media accounts.  Salonclick LLC d/b/a Min New York , 16 Civ. 2555 (KMW), 2017 WL 239379 (S.D.N.Y. Jan. … Continue reading

FDA Proposes New Research on Social Media Promotion of Prescription Drugs

The U.S. Food and Drug Administration (“FDA”) regulates the use of social media to disseminate information about prescription drugs and medical devices. Our blog previously covered the social media guidance released by the FDA in 2014, and a sampling of Warning and Untitled Letters that the FDA has issued to drug manufacturers advertising on Twitter, … Continue reading

Who paid you to post that? Truth and Transparency in International Advertising

Social media personalities who have tweeted, grammed, Vine’d and snapped their way to stardom have no doubt caught the attention of businesses large and small. Much like how professional athletes and other celebrities are paid to endorse products, businesses and retailers have increasingly turned to recognized social media personalities (often called “influencers”) to recommend their … Continue reading

Artificial Intelligence and Social Networks

What is Artificial Intelligence? Artificial intelligence (“AI”) or cognitive computing involves the use of computer program code to control machines to mimic cognitive functions, such as learning, classification, and problem solving. AI is a technical field of computer science and includes machine learning and natural language processing.… Continue reading

Twitter Update: Go get your business account verified (…if you haven’t already)

In an earlier blog post this year, we covered Authentication on Social Media Platforms and the need for businesses to authenticate their social media accounts to protect their brand, credibility, reputation and accountability while advertising or otherwise engaging with their customers in the online space. Various social media platforms offer the blue “verified” badge in … Continue reading

Did Twitter violate Anti-Terrorism Act by providing ISIS accounts?

On August 10, 2016, the United States District Court for the Northern District of California, in Fields v. Twitter, Inc., dismissed the plaintiffs’ complaint against Twitter with leave to amend. The plaintiffs’ complaint arose out of the deaths of Lloyd Fields, Jr. and James Damon Creach, two United States government contractors who were working at … Continue reading

In case you missed it – ICYMI

The digital world moves fast. To get you up to speed, we have compiled a quarterly recap of our five most popular social media blog posts from the Social Media Law Bulletin and the post that is currently trending. From questions ranging from “Is my SnapChat really deleted?” to “Can I tell my employee to … Continue reading

Social Media Property Rights

The number of people using social media these days is staggering. For instance, Facebook has 1.65 billion monthly active users as of March 31, 2016. As such, the ability to reach such a broad consumer base through social media is becoming increasingly important to businesses. Companies are no doubt eager to create social media pages … Continue reading

Recent changes to advertising on social media platforms

With millions of people walking around with their heads down on their phones, it’s no surprise that mobile advertising on social media platforms has experienced significant growth in the past 12 months. Social media platforms have been continuing to develop ad capabilities to maximize offerings for brands and growth in the social media marketing space … Continue reading

Instant Fame and the FTC Endorsement Guides

Native advertising—or advertising that appears to match the form and function of the platform upon which it appears—and social media endorsements provide considerable opportunities for companies to strengthen their brands and reach consumers in innovative ways. More and more, “influencers” like Instagram “models,” fashion and lifestyle bloggers, “pinners,” and “vloggers” are joining the ranks of … Continue reading

Is my SnapChat really deleted?

Yes and no. SnapChat automatically deletes most messages after they have been opened or expired.  However, it warns users that the recipient may take a screenshot or use some other screen capture technology (or simply take a photo of their screen with another camera).  Our long-time readers may recall that SnapChat entered into settlement agreements … Continue reading

Socially responsible advertising

On April 6, 2016, the UK’s Advertising Standards Authority considered a complaint made against Guccio Gucci SpA regarding a video, which originally appeared on the website at www.thetimes.co.uk.  The advert featured several models dancing in a house, clothed in the apparel of the global fashion brand, and the complaint centred around the physical appearance of … Continue reading

Rise of the social media bots

As we discussed in a recent post, “Social media overload”, social media has grown exponentially over the past decade and has caused businesses to change how they operate and how they make decisions. Social media has quickly become one of the most important marketing platforms, providing a convenient way for companies to reach broad audiences.… Continue reading

Adding to Glossary of Social Media Terms

We have several new readers to our blog, and we want make sure everyone is aware of our features that not only include blog posts, but also several glossaries. One of our glossaries to help our readers understand what the Marketing and Promotions employees have already discovered is our Glossary of Terms.  Here are some … Continue reading

Social media overload

The explosion of social media in the past decade has caused a major shift in the way we conduct our affairs. In particular, businesses have been required to adapt to new ways of communicating with their clients.  At a rate of thousands of social media applications surfacing each month, and new legal issues surrounding the … Continue reading

Crowdfunding: Advertising an offering’s terms on social media

Background The Securities and Exchange Commission (“SEC”) adopted the final rules of Regulation Crowdfunding (the “Regulation”) on October 30, 2015. While the final rules have been adopted, they do not become effective until May 16, 2016. The Regulation is meant to expound upon Sections 4(a)(6) and 4A of the Securities Act of 1933 (the “Act”), … Continue reading
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