Influencer Contracts 101: Simplicity in Terms, Exclusivity Issues, Brand Protection, Compliance, and Risk Mitigation

Michael R. Overly | Foley & Lardner LLP

Michael R. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and online law. Michael is a partner in the firm’s Technology Transactions, Cybersecurity, and Privacy and Privacy, and Security & Information Management Practices.

Michael is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), and Certified Outsourcing Professional (COP) certifications.

Ashley M. Kennedy | Foley & Lardner LLP

Ashley Kennedy is a Technology, Transactions, Cybersecurity & Privacy Practice Group member within Foley & Lardner’s Intellectual Property Department. Ashley provides counsel on structuring and negotiating technology agreements to create strategic and advantageous business relationships between companies. She has experience drafting and negotiating commercial agreements, including intellectual property licenses, software-as-a-service agreements, distribution agreements, master services agreements, non-disclosure agreements, and technology transfer agreements. Ashley also has experience structuring and addressing the intellectual property components of mergers and acquisitions and other corporate transactions.

Prior to joining Foley as an associate, Ashley served as an associate and summer clerk at an intellectual property-focused law firm, preparing patent applications for the USPTO. She previously worked in the engineering sector for an aerospace and defense company.

I. Fundamental rule of influencer contracts: Keep it simple | 1:00pm – 1:25pm

II. Exclusivity concerns | 1:25pm – 1:50pm

III. Protecting your brand | 1:50pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Ensuring the influencer stays on “message” | 2:10pm – 2:45pm

V. Exit strategies | 2:45pm – 3:10pm