Advertising Law 101 (2024 Edition)

Alex Loveyko
Nerissa Coyle McGinn
Ana Juneja
Katelyn J. Patton
Sasha Berson
Alex Loveyko | ChaseLawyers
Nerissa Coyle McGinn | Loeb & Loeb LLP
Ana Juneja | Ana Law
Katelyn J. Patton | Frankfurt Kurnit Klein & Selz PC
Sasha Berson | Grow Law Firm
On-Demand: May 29, 2024
This class is included in the myLawCLE All-Access Pass

Subscribe to myLawCLEs All-Access Pass...
Get this course, plus over 1,000+ of live webinars.
Learn More
MCLE Credit Information:

Select Your State Below to View CLE Credit Information

6 hour CLE
Tuition: $295.00
Training 5 or more people?

Sign-up for a law firm subscription plan and each attorney in the firm receives free access to all CLE Programs

Program Summary

Session I - Social Media Agreements & Business Considerations – Alex Loveyko

Explore strategies for negotiating social media agreements for influencer clients, ensuring fair terms and legal compliance. Delve into the complexities of negotiating sponsorship and endorsement agreements on behalf of brand clients, navigating FTC rules, and integrating essential contractual provisions. Additionally, learn how to guide social media platform clients through the launch of their projects, balancing innovation with legal safeguards. Gain valuable insights and practical tips to navigate the evolving landscape of social media business agreements effectively.

Key topics to be discussed:

  • Negotiating Social Media Agreements on behalf of Influencer Clients
  • Negotiating Sponsorship & Endorsement Agreements on behalf of Brand Clients
  • FTC Rules and Contractual Provisions
  • Helping Social Media Platform Clients Launch their Projects

Session II - The Future of Endorsement/Testimonial/Influencer Marketing – Nerissa Coyle McGinn

As social media evolves, so does social media marketing. And one of the biggest trends in social media marketing is influencer marketing. As review of endorsement from the right influencers can launch a product from obscurity to being the hottest thing on the internet. But this type of marketing has its risks. In this session, we will discuss what these risks are and what the future holds for endorsement/testimonial/influencer marketing.

Key topics to be discussed:

  • The FTC’s Revised Endorsement and Testimonial Guidelines
  • Recent enforcement actions
  • Endorser/Testimonials marketing and Artificial Intelligence
  • Influencers in the metaverse

Session III - IP Compliance: Protecting Yourself from DMCA Takedowns and Defamation Claims – Ana Juneja

This session will explore the complex terrain of legal issues surrounding advertising and content creation. This session covers key topics including the use of copyrighted material without permission and how to navigate licensing requirements to stay compliant. We'll delve into the intricacies of DMCA takedown notices, offering guidance on responding to and issuing these notices properly. Trademark concerns are also addressed, helping you understand common pitfalls and best practices. Additionally, we'll discuss defamation dangers in the context of negative reviews and public statements, providing practical tips to avoid legal risks while maintaining transparency and integrity in your communications.

Key topics to be discussed:

  • Using Copyrighted Material Without Permission
  • DMCA Takedown Notices
  • Licensing Requirements
  • Trademark Issues
  • Defamation Dangers in Negative Reviews and Statements

Session IV – Navigating Negative Option Programs and Requirements – Katelyn Patton

“Negative options,” according to the FTC, refer broadly to a category of commercial transactions in which sellers interpret a consumer’s failure to take an affirmative action (for example, to reject an offer or to cancel an agreement) as assent to be charged for products or services. They include continuity plans, automatically renewing subscriptions, and free trial conversion offers. The negative option landscape has been quite active over the last few years, at both the federal and state level, with new laws enacted, existing laws updated, and more of both on the horizon. This session will provide an overview of the legal landscape and key takeaways in light of federal law and rulemaking activity, new state requirements, and recent enforcement actions.

Key topics to be discussed:

  • Federal law and rulemaking activity
  • State regulation
  • Recent enforcement actions

Session V - Rules for Achieving High ROI with Ethical Advertising – Sasha Berson

In this course on ethical advertising for law firms, learn to maximize ROI while upholding integrity. Explore ethical guidelines and effective strategies to attract and engage clients authentically. Gain actionable insights to craft compelling campaigns that drive results while maintaining trust and credibility.

Key topics to be discussed:

  • Rules for attracting clients and generating a high ROI on the advertising budget
  • Rules for attracting clients with integrity
  • Common mistakes in advertising that result in penalties and waste of advertising budget

Closed-captioning available

Speakers

Alex Loveyko_myLawCLEAlex Loveyko | ChaseLawyers

Alexander Loveyko, Esq., a New York-licensed attorney based in Miami, specializes in intellectual property and entertainment law at ChaseLawyers®. He has a proven track record of assisting brands and influencers with their unique legal needs in the rapidly evolving digital landscape. Mr. Loveyko expertly navigates the complexities of social media technology projects, offering comprehensive legal support for advertising and transactional agreements, deals between brands and influencers, as well as new social media projects that similarly need to be guided when it comes to staying within the boundaries of social media, advertising, privacy and copyright laws.

Additionally, he has experience in organizing and managing online sweepstakes and contests, involving brands, third-party sponsors, organizers of sweepstakes, and influencers tasked with promoting a specific contest, providing end-to-end legal oversight to safeguard both the brands and their participating audiences. With a deep understanding of the challenges and opportunities presented by the internet and social media, Mr. Loveyko is a trusted advisor to clients looking to maximize their online presence while minimizing legal risks.

 

Nerissa-Coyle-McGinn_Loeb-&-Loeb_myLawCLENerissa Coyle McGinn | Loeb & Loeb LLP

Nerissa Coyle McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She has experience advising on matters involving the Children’s Online Privacy Protection Act (COPPA) and the Children’s Advertising Review Unit (CARU).

Nerissa works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products.

Clients — including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials, and sweepstakes — regularly turn to Nerissa for trademark counselling services.

In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfilment, with an emphasis on internet and interactive advertising and promotions.

 

Ana Juneja_myLawCLEAna Juneja | Ana Law

As an award-winning intellectual property attorney and the founder of Ana Law®, Ana Juneja helps celebrities, athletes, influencers, start-ups, entrepreneurs, and corporations secure + monetize their brands and ideas in the US and abroad.

Ana Law® is the first and only law firm that offers flat-fee, 100% guaranteed patent, trademark, and copyright services. Ana has a 100% success rate and often speaks on important topics such as emerging legal issues surrounding security, AI, and social media.

Additionally, Ana has extensive experience with social media intellectual property infringement issues. Ana’s insider connections with premier media agencies allow her to have direct access to key social media platforms, such as Meta (Facebook/Instagram), TikTok, and Twitter. These essential services are an important component of the brand protection strategy for Ana’s celebrity, athlete, & influencer clients.

 

Katelyn J. Patton_myLawCLEKatelyn J. Patton | Frankfurt Kurnit Klein & Selz PC

Katelyn J. Patton is an associate at Frankfurt Kurnit, where she advises clients in a broad range of industries on advertising, marketing, regulatory, and intellectual property matters. She is recognized by Best Lawyers in America in the 2021-2024 “Ones to Watch” editions for Commercial Litigation.

Ms. Patton counsels on a wide variety of advertising law issues, including copy and content review, claims substantiation, and compliance with federal, state, and local consumer protection laws and guidelines. She represents advertisers in regulatory investigations and litigation, including before the Federal Trade Commission, and in competitive advertising disputes before the National Advertising Division. She co-authored the USA chapter of Chambers and Partners, “Advertising & Marketing 2023 Law and Practice” guide.

Prior to joining Frankfurt Kurnit, Ms. Patton was an associate in the Advertising and Marketing Group at Venable LLP, where she represented companies and individuals before the Federal Trade Commission, Department of Justice, and state attorneys general, as well as in private litigation. Her previous legal experience also includes intellectual property counseling and litigation, including before the Trademark Trial and Appeal Board.

As a student at Fordham University School of Law, Ms. Patton was an inaugural member of a first-of-its-kind privacy education program aimed at engaging middle school students in discussions about privacy and technology. She was also Managing Editor of the Fordham Intellectual Property, Media & Entertainment Law Journal. Prior to law school, Ms. Patton worked in marketing communications and government affairs for a leading industry trade association, whose initiatives included advocacy and lobbying efforts in Washington on behalf of business-tobusiness media companies.

Ms. Patton is admitted to practice in New York and the federal courts in the Southern and Eastern Districts of New York.

 

Sasha Berson_myLawCLESasha Berson | Grow Law Firm

Sasha, the Legal Marketing Consultant at Grow Law Firm in Chicago, boasts extensive business acumen. He co-founded a lending company, scaling it from 2 people to a top-20 multibillion-dollar enterprise before transitioning to consulting. His consulting practice focuses on aiding small and mid-sized businesses to achieve their goals, drawing from his entrepreneurial experience to offer practical solutions.

Co-authoring the bestselling book “Successonomics” propelled Sasha towards specializing in attorney marketing. He aims to deliver tailored services that directly impact clients’ bottom lines. At Grow Law Firm, Sasha optimizes marketing efforts, driving maximum revenue growth for legal industry professionals.

Before joining Grow Law Firm, Sasha expanded into a web development firm with a significant legal clientele, recognizing the unique marketing challenges facing attorneys. To address these challenges, Sasha and his team of over 40 attorney marketing experts have devised a systematic approach, creating high-performance websites and delivering impactful law firm marketing campaigns that attract more prospects while maintaining a reasonable client acquisition cost.

Today, Sasha combines his legal marketing expertise with a sincere dedication to assisting law firms in real-time growth, solidifying his position as a trusted consultant in the legal industry.

Agenda

Session I – Social Media Agreements & Business Considerations | 9:40am – 11:50am

  • Negotiating Social Media Agreements on behalf of Influencer Clients
  • Negotiating Sponsorship & Endorsement Agreements on behalf of Brand Clients

Break | 10:40am – 10:50am

  • FTC Rules and Contractual Provisions
  • Helping Social Media Platform Clients Launch their Projects

Break | 11:50am – 12:00pm

Session II – The Future of Endorsement/Testimonial/Influencer Marketing | 12:00pm – 1:00pm

  • The FTC’s Revised Endorsement and Testimonial Guidelines
  • Recent enforcement actions
  • Endorser/Testimonials marketing and Artificial Intelligence
  • Influencers in the metaverse

Break | 1:00pm – 1:10pm

Session III – IP Compliance: Protecting Yourself from DMCA Takedowns and Defamation Claims | 1:10pm – 2:10pm

  • Using Copyrighted Material Without Permission
  • DMCA Takedown Notices
  • Licensing Requirements
  • Trademark Issues
  • Defamation Dangers in Negative Reviews and Statements

Break | 2:10pm – 2:20pm

Session IV – Navigating Negative Option Programs and Requirements | 2:20pm – 3:20pm

  • Federal law and rulemaking activity
  • State regulation
  • Recent enforcement actions

Break | 3:20pm – 3:30pm

Session V – Rules for Achieving High ROI with Ethical Advertising | 3:30pm – 4:30pm

  • Rules for attracting clients and generating a high ROI on the advertising budget
  • Rules for attracting clients with integrity
  • Common mistakes in advertising that result in penalties and waste of advertising budget

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


Register Now

#1 CLE Access Program

  • Over 1,000 Live CLE Webinars each year
  • All CLE webinars broadcasted in last 12 months
  • Programs covering over 35 practice areas
  • Hot topics & changes in the law
  • All formats: Live, Replay, and On-demand
  • Accreditation in every state

Access every CLE webinar,
every format, all year long!

myLawCLE All-Access Pass

only $395 yearly


More CLE Webinars
Trending CLE Webinars
The Corporate Transparency Act Reporting Obligations
The Corporate Transparency Act Reporting Obligations
Law Offices of Jonathan H. (Jason) Warner, P.A.
On-Demand
IRS Penalty Abatement Made Easy
IRS Penalty Abatement Made Easy
Green & Sklarz, LLC
On-Demand
Gun Trust Law (2024 Edition)
Gun Trust Law (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Revocable Living Trusts from Start to Finish (2024 Edition)
Revocable Living Trusts from Start to Finish (2024 Edition) Mon, December 30, 2024
On-Demand
Live Replay
Lawyers Serving on Boards
Lawyers Serving on Boards
Howard Brod Brownstein, CTP.
Essential Accounting Principles Every Attorney Should Know
Essential Accounting Principles Every Attorney Should Know
LaPorte CPAs & Business Advisors
On-Demand
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Creating a Trial Notebook: From A - Z (Including 1hr of Ethics)
Trial Lawyers for Justice, Hanker Law PC
On-Demand
Tax Opportunity Zones (2024 Edition)
Tax Opportunity Zones (2024 Edition)
Blank Rome LLP
On-Demand
Litigating Libel and Defamation Cases
Litigating Libel and Defamation Cases
Callahan & Blaine, APLC.
On-Demand
Will Drafting 101 (2024 Edition)
Will Drafting 101 (2024 Edition)
Partner, Davenport Evans Lawyers
On-Demand
Upcoming CLE Webinars
Using Self-Collection Tools to Gather ESI
Using Self-Collection Tools to Gather ESI Wed, December 4, 2024
Live Webcast
Law Firm Automation Meets AI: A match made in heaven?
Law Firm Automation Meets AI: A match made in heaven? Thu, December 5, 2024
Live Webcast
Tools for Managing Vicarious Trauma in Practice
Tools for Managing Vicarious Trauma in Practice Thu, December 5, 2024
Live Webcast
Wine, Spirits and Beer Law 101 (2025 Edition)
Wine, Spirits and Beer Law 101 (2025 Edition) Fri, December 6, 2024
Live Webcast
Playing Defense at 30(b)(6) Depositions (2024 Edition)
Playing Defense at 30(b)(6) Depositions (2024 Edition) Fri, December 6, 2024
On-Demand
Live Replay
4th Annual Tax Rep Summit [4-Day Event]
4th Annual Tax Rep Summit [4-Day Event] Tue, December 10, 2024
Live Webcast
Supercharging Your Transactional Practice with GenAI
Supercharging Your Transactional Practice with GenAI Wed, December 11, 2024
Live Webcast
Cannabis Law: Taxation, M&A, and Compliance Strategies
Cannabis Law: Taxation, M&A, and Compliance Strategies Wed, December 11, 2024
Live Webcast
Fraudulent Transfers Uncovered (2025 Edition)
Fraudulent Transfers Uncovered (2025 Edition) Thu, December 12, 2024
Live Webcast
Negotiating Financing and Investment in Cannabis
Negotiating Financing and Investment in Cannabis Thu, December 12, 2024
Live Webcast
Esports Law 101 (2025 Edition)
Esports Law 101 (2025 Edition) Fri, December 13, 2024
Live Webcast
Dividing Military Pensions (2025 Edition)
Dividing Military Pensions (2025 Edition) Mon, December 16, 2024
Live Webcast
Common Cyber Threats and How to Reduce Risk
Common Cyber Threats and How to Reduce Risk Wed, December 18, 2024
Live Webcast