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 | 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

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

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.

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