The unending wave of disruptive new media entering the consumer economy has forever changed the way advertising is created and delivered. As emerging digital platforms spawn whole new industries, advertisers are now routinely presented with both exciting opportunities and new risks. At the same time, the regulatory framework meant to govern these platforms has not kept pace with technology, leaving advertisers and marketers sometimes uncertain of their compliance obligations.
Our attorneys counsel brands and their agencies on the legal and business implications of emerging media across all digital and social platforms, from Facebook, Twitter and Instagram to TikTok and Twitch. Our long history in the advertising and marketing ecosystem uniquely qualifies us to interpret rules long in need of updating and apply them to our clients’ most innovative marketing tactics.
We have long been at the forefront of influencer marketing — since “influencers” were called “bloggers” — and we have helped clients negotiate with bloggers, even as they transitioned into the more powerful force of influencers. Many of our clients engage influencers to reach their target audiences on social media, and they rely on us to help manage the myriad legal issues that arise from that engagement. This includes dealing with “micro” influencers in niche categories, with child influencers in “unboxing” videos and with household names who are lending their celebrity status to global brands.
We represent brands and agencies in negotiations with influencers across a wide range of platforms and marketing categories, and we help them write contracts with strong morals and termination provisions, so as to protect them against misbehavior that could harm the brand.
We know the influencer industry inside and out, as we also represent both individual influencers and influencer marketing agencies. With influencer marketing now a global phenomenon, we work to develop policies to guide regulatory compliance in all jurisdictions, domestic and international.
We also counsel our clients on all aspects of “native” advertising, including applying the FTC’s Native Advertising Guidelines to publishers’ content that historically had been protected by the First Amendment. We know well how to reconcile the conflicting legal issues inherent in such sponsored arrangements. Our clients trust us to help them negotiate their media contracts, advise on their disclosures and establish practical compliance programs for nontraditional methods of advertising to consumers.
Digital and Social Media Guidance
We routinely counsel our clients on how to present advertisements and make disclosures in all forms of digital and social media, particularly in instances where the legal rules have not kept pace with evolving platforms. We show them how to make these disclosures in space-constrained media such as Twitter and TikTok, and we help them determine how best to make disclosures on new platforms as they arise.