Critical Marketing Issues for Businesses: Influencers and other social media marketing legal issues, contracting with influencers and special considerations for blurring lines with kids

John P. Ferry
Aaron B. Goodman
Carolina A. Alonso
John P. Ferry | Baker & Hostetler LLP
Aaron B. Goodman | Baker & Hostetler LLP
Carolina A. Alonso | Baker & Hostetler LLP

On-Demand: January 25, 2023

Critical Marketing Issues for Businesses: Influencers and other social media marketing legal issues, contracting with influencers and special considerations for blurring lines with kids

$195.00 2 hour CLE

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Program Summary

Session I - Influencers and Other Social Media Marketing Legal Issues - John P. Ferry

Influencer marketing is ubiquitous across social media. All kinds of brands are working with all kinds of influencers, ranging from movie stars to bloggers, to promote their products. But how do consumers know when an influencer is compensated to promote a product? The Federal Trade Commission is increasingly concerned with this issue and has released guidance specifically regulating it, including an update to that guidance in 2022. In this session, we will discuss when disclosures are required for social media posts and other testimonials, what those disclosures should say, and where to place them.

Key topics to be discussed:

  • When a social media post requires disclosure of material connections, for example, an influencer post
  • How to adequately make those required disclosures
  • Examples of enforcement

Session II - Contracting with Influencers and Developing your Compliance Program - Aaron B. Goodman

Once brands understand the risks related to influencer marketing, they will want to implement a strong compliance program to address those risks and include appropriate provisions in their agreements. In this session, we will discuss what terms to include in influencer agreements and how to design and implement an influencer compliance program that is practical, effective, and can withstand regulatory scrutiny.

Key topics to be discussed:

  • How to structure an influencer agreement
  • Key provisions to include in agreements
  • Things to consider in designing and implementing a strong compliance program

Session III - Special Considerations for Blurring Lines with Kids? - Carolina A. Alonso

With the rise of creative methods to reach out to broader audiences, namely minors under the age of 18, legislators and regulators have ramped up legal requirements and enforcement for advertising to children. More specifically, what does proper advertising look like for children so children can easily identify when they are being marketed to; is it advertising or is it just a video game? For example, the Federal Trade Commission recently held a workshop on stealth advertising in digital media and California recently passed a new law, the Age-Appropriate Design Code Act. In this session we will discuss the blurring of lines between advertising and providing a service, the risks involved and compliance considerations.

Key topics to be discussed:

  • What is considered “blurred content” in relation to digital media
  • Risk and enforcement trends related to blurred content
  • Compliance through age-based protection of interests

This course is co-sponsored with myLawCLE.

Date: January 25, 2023

Closed-captioning available

Speakers

John P. Ferry_myLawCLEJohn P. Ferry | Baker & Hostetler LLP

Jack Ferry brings hands-on experience to the firm’s Advertising, Marketing and Digital Media team as he helps clients navigate regulations in order to run compliant advertising campaigns. He has represented clients before the National Advertising Division (NAD), the Federal Trade Commission (FTC) and state attorneys general, as well as in federal court, on a range of advertising-related matters.

Jack also serves as clients’ day-to-day advertising lawyer, focusing on issues such as claim substantiation, sweepstakes and promotions and social media campaigns. Jack has in-depth experience with laws governing automatic renewals, gambling and sports betting, CBD, loyalty programs, unclaimed property, the TCPA, consumer reviews and children’s advertising.

 

Aaron B. Goodman_ Baker & Hostetler LLP._FedBarAaron B. Goodman | Baker & Hostetler LLP

Aaron Goodman advises clients on legal issues within the areas of media, data, advertising and technology. He regularly assists clients in negotiating and drafting agreements with vendors and customers, advises clients on the development of new products and services, helps clients understand their legal compliance obligations and develop compliance programs, and helps clients manage disputes and regulatory actions.

Aaron has acted as both in-house and outside counsel, and his background includes both transactional and litigation matters. This broad experience gives him the ability to view matters from a holistic perspective. He studies each client’s business and technology, enabling him to develop custom solutions for their legal challenges.

Prior to joining BakerHostetler, Aaron led a team of attorneys and legal professionals at one of the largest marketing and communications groups in the world. He also served as the litigation and IP counsel for a large e-commerce company.

 

Carolina A. Alonso_ Baker & Hostetler LLP._FedBarCarolina A. Alonso | Baker & Hostetler LLP

Creative and innovative, Carolina Alonso uses her cross-contextual experiences (from in-house, for-profit and industry-pacing to nonprofit, regulatory, policy-making and academic) to address issues from all sides and tailor the appropriate practical and forward-looking outcome for domestic and international clients.

Carolina Alonso’s practice is focused on privacy, data protection and advertising. She has a range of experience, from international privacy and advertising compliance to data security issue spotting to business deals, including acquisition due diligence and contract drafting and negotiation. She is also skilled in a variety of coding languages, including Python and HTML. Carolina encourages companies to self-regulate and guides them in using best practices to facilitate future privacy trends.

Carolina is the founder and leader of the video game law working group at the firm, which connects clients to the firm’s team of attorneys with video game experience, including those who are gamers themselves. She is also a member of the Video Game Bar Association. In addition to counseling business leaders in the video game and mobile app game industries, Carolina’s passion for gaming translates to an in-depth understanding of the challenges associated with XR technologies and multiverse platforms.

While at BakerHostetler, Carolina participated in a six-month full-time secondment at a financial, software, data and media conglomerate, where she led analysis and compliance with the CCPA, updated privacy policies and third-party agreements, assisted in launching mobile apps, assessed third-party data ingestion, implemented privacy-forward tracking technologies and conducted EU GDPR analysis.

Since July 2020, Carolina has participated in a part-time secondment at a multinational technology conglomerate, focusing on general domestic and international privacy compliance, privacy training, privacy risk mitigations for software and hardware product launches, and biometric legal analysis and internal policy and procedure drafting. She supports products that integrate emerging issues such as machine learning and artificial intelligence, XR technologies, cryptocurrency, multiverse online experiences and youth protection and verification.

Carolina has experience with children’s and student data, including COPPA compliance and FERPA application, as well as biometric and genetic data, including BIPA and CUBI analysis. She also advises clients on certain advertising issues, including children’s advertising and CARU enforcement. Additionally, she has general experience in intellectual property issues, having advised companies and individuals on copyright infringement and fair use.

Agenda

Session I – Influencers and Other Social Media Marketing Legal Issues | 11:00am – 11:40am

  • When a social media post requires disclosure of material connections, for example, an influencer post | 11:00am – 11:15am
  • How to adequately make those required disclosures | 11:15am – 11:30am
  • Examples of enforcement | 11:30am – 11:40am

Session II – Contracting with Influencers and Developing your Compliance Program | 11:40am – 12:30pm

  • How to structure an influencer agreement | 11:40am – 11:55am
  • Key provisions to include in agreements (part I) | 11:55am – 12:00pm

Break | 12:00pm – 12:10pm

  • Key provisions to include in agreements (part II) | 12:10pm – 12:20pm
  • Things to consider in designing and implementing a strong compliance program | 12:20pm – 12:30pm

Session III – Special Considerations for Blurring Lines with Kids? | 12:30pm – 1:10pm

  • What is considered “blurred content” in relation to digital media | 12:30pm – 12:45pm
  • Risk and enforcement trends related to blurred content | 12:45pm – 1:00pm
  • Compliance through age-based protection of interests | 1:00pm – 1:10pm