The Bottom Line The SEC has issued repeated warnings that it will aggressively enforce Section 17(b) of the Securities Act against influencers who fail to disclose the nature, scope and amount of compensation received in exchange for their sponsored posts.This case serves as a reminder that Continue Reading
SEC Settles with Steven Seagal for Failure to Disclose Payments for Promoting Cryptocurrency
The Bottom Line When agreeing to promote or endorse a cryptocurrency, celebrities must think outside of the FTC box because the SEC’s disclosure rules go above and beyond the FTC’s requirements. Even if a celebrity is already described as a “brand ambassador,” the SEC requires disclosure of Continue Reading
SEC Proposes New Advertising and Solicitation Rules for Investment Advisers and Private Fund Sponsors
The Bottom Line The SEC’s proposed amendments, if adopted, would significantly change the rules applicable to marketing, advertising and solicitation disclosure by investment advisers and private fund sponsors. They are, therefore, important both for public companies and all marketing Continue Reading
SEC Claims Kik’s Kin Is a Security and Its Offering Was Illegal
The Bottom Line The SEC's lawsuit against Kik Interactive, Inc. over the Kin ICO serves as a warning to those who want to start a new cryptocurrency: People will not use a new currency if it is not widely accepted, but the promoters' efforts to encourage its acceptance — and particularly the Continue Reading
A Must “Follow”: Stricter Groundwork for Influencer Marketing
6th Edition: Trends in Marketing Communications Law Throughout 2018, regulators and self-regulators stayed focused on deceptive influencer marketing campaigns and native advertising practices across the United States. In an action against Creaxion Corporation, a public relations agency, and Continue Reading
Celebrity Endorsers of Initial Coin Offerings Settle with Securities and Exchange Commission
The Bottom Line Celebrities not only need to comply with the FTC Endorsement Guides but also need to comply with the SEC’s disclosure rules when endorsing ICOs, or risk facing charges similar to those brought against Khaled and Mayweather.These recent charges reflect the SEC’s concern around the Continue Reading