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The New Rules of Influencer Marketing: FTC Penalties, Creator Contracts, and Class Action Exposure

2026-06-25 13:00:00

2026-06-25 13:00:00

2 Credits

Equip attorneys to address the FTC’s enforcement levers, draft brand-creator agreements and platform disclosures, and meet parallel state-law liability and class action risks targeting brand influencer campaigns.

2026-06-25 13:00:00

Equip attorneys to address the FTC’s enforcement levers, draft brand-creator agreements and platform disclosures, and meet parallel state-law liability and class action risks targeting brand influencer campaigns.

2026-06-25 13:00:00

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Monitor Creators, Defend Your Brand

The Commission has shifted from cautionary correspondence to Notice of Penalty Offenses carrying civil fines per violation, and brands that still treat creator compliance as the influencer’s problem are exposed on a front they have not staffed for. The Consumer Reviews and Testimonials Rule, the FTC Act, and a wave of state consumer protection statutes now operate in parallel with a fast-growing class action docket that mirrors federal disclosure theories — and the older contract templates, which simply push indemnity downstream to the creator, collapse the moment a regulator or plaintiff tests them. This program gives attorneys the enforcement map across the FTC Act, the Testimonials Rule, and the Penalty Offenses regime; concrete disclosure standards calibrated to affiliate links, livestreams, and short-form video; creator agreement structures that allocate monitoring, audit rights, and corrective action; an FTC investigation defense playbook; and the UK and EU regimes brands must reconcile. Attendees will be able to draft, audit, and defend an endorsement program that survives both regulator and class plaintiff.

Key topics that will be covered

What will you learn

Attorneys will learn the enforcement levers the FTC pulls on endorsement practices, including the FTC Act, the Consumer Reviews and Testimonials Rule, and the Notice of Penalty Offenses.

What will you gain

Attendees will gain skill in drafting brand-creator agreements, disclosing material connections across platforms, and addressing parallel state consumer protection and class action exposure targeting brands’ influencer campaigns.

FTC enforcement
Commission moves beyond warnings, leveraging Notice of Penalty Offenses for heavy fines.
Platform disclosures
Transparency must remain clear and conspicuous as viewers move across platforms.
Creator agreements
Robust contracts establish monitoring protocols and corrective actions beyond shifting blame.
Investigation defense
Demonstrate culture of compliance through rigorous internal audits and proactive monitoring.
Class actions
Consumer class actions mirror FTC theories and challenge disclosure adequacy.
Global landscape
Navigate UK standards, EU directives, and coordinating international regulators worldwide.

What will you learn

Attorneys will learn the enforcement levers the FTC pulls on endorsement practices, including the FTC Act, the Consumer Reviews and Testimonials Rule, and the Notice of Penalty Offenses.

What will you gain

Attendees will gain skill in drafting brand-creator agreements, disclosing material connections across platforms, and addressing parallel state consumer protection and class action exposure targeting brands’ influencer campaigns.

Agenda

SESSION 1

Evolution of FTC Enforcement

SESSION 2

Platform-Specific Disclosure Standards

SESSION 3

Advanced Creator Agreements

SESSION 4

FTC Investigation Defense & Strategy

SESSION 5

Endorsement Litigation & Class Action Risks

SESSION 6

Global Regulatory Landscape

clock 1:00 pm - 1:20 pm EST

Evolution of FTC Enforcement

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

The Commission is moving beyond mere warnings, leveraging the Notice of Penalty Offenses to secure heavy fines. Attorneys will see how this proactive era targets both brands and individual creators, with marketplace transparency as the FTC’s enforcement objective.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

clock 1:20 pm - 1:40 pm EST

Platform-Specific Disclosure Standards

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

In the fast-paced world of affiliate links and livestreams, “set it and forget it” disclosures fail. Attorneys must keep transparency clear and conspicuous as viewers move dynamically across platforms, ensuring the material connection is never lost in transit.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

clock 1:40 pm - 2:00 pm EST

Advanced Creator Agreements

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

Drafting robust contracts requires more than shifting blame to the influencer. Effective agreements establish clear monitoring protocols and corrective actions, recognizing the principle that a brand can never fully contract away its legal accountability for a creator’s conduct.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

clock 2:10 pm - 2:30 pm EST

FTC Investigation Defense & Strategy

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

When the FTC knocks, a defensive posture is not enough. Success lies in demonstrating a culture of compliance through rigorous internal audits and proactive monitoring, showing regulators the brand takes its consumer protection obligations seriously from day one.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

clock 2:30 pm - 2:50 pm EST

Endorsement Litigation & Class Action Risks

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

Beyond federal regulators, brands now face a growing wave of consumer class actions. These suits often mirror FTC theories, challenge the adequacy of disclosures, and force companies to defend their marketing practices in high-stakes, unpredictable courtroom battles.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

clock 2:50 pm - 3:10 pm EST

Global Regulatory Landscape

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

Endorsement law does not stop at the border. From strict UK standards to emerging EU directives, brands must navigate a fragmented global landscape where international regulators increasingly coordinate to crack down on deceptive influencer marketing worldwide.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

01 06
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Michael Atleson

DLA Piper

Michael Isselin

DLA Piper

Andrew Sacks

DLA Piper

Michael Atleson

DLA Piper

Michael Atleson is Of Counsel at DLA Piper in Washington, DC, with extensive experience in regulation, policy, enforcement, and management, focused on artificial intelligence, advertising, and privacy. He spent close to 20 years in the Federal Trade Commission’s Bureau of Consumer Protection, serving in roles including Assistant Director for Regional Operations, Counsel to the Director, and most recently Senior Staff Attorney in the Division of Advertising Practices. During his time as Senior Staff Attorney, Michael managed numerous and novel enforcement matters related to AI and consumer reviews, engaged frequently with foreign, federal, and state agencies, industry groups, academics, consumer organizations, and media representatives, and co-led the development of the Commission’s groundbreaking Rule on the Use of Consumer Reviews and Testimonials. Michael is a recognized thought leader who brings a well-rounded perspective shaped by diverse roles in the private and public spheres.

Education & Credentials

Michael earned his J.D. from New York University School of Law, where he served as Book Review Editor of the NYU Review of Law and Social Change, and his B.A. from Wesleyan University. He is admitted to practice in New York and the District of Columbia.

Recognition & Leadership

Michael was recognized with the Winning Publication for the “Reporting on AI Hall of Fame” from Aspen Digital in 2023. During his FTC tenure he authored two reports to Congress on automated technology and an award-winning, oft-cited series of AI-related blog posts, along with a variety of plain-language business guidance.

Professional Involvement

Michael has spoken at industry forums including the Better Business Bureau National Programs briefing on AI Companion Tech Governance, the ABA Webinar on Influencer Marketing: Compliance, Enforcement, and Legal Risks, the Coalition for Trusted Reviews Annual Conference, and the NYU School of Law Program on Corporate Compliance and Enforcement Fall Conference. He contributes regularly to Tech Policy Press, Law360, the NYU School of Law Compliance and Enforcement Blog, and the FTC Business Blog.

Experience

Prior to joining DLA Piper, Michael worked for nearly two decades at the Federal Trade Commission’s Bureau of Consumer Protection, holding several management positions and serving most recently as Senior Staff Attorney in the Division of Advertising Practices. He has also worked for the Massachusetts Attorney General, the Maine Office of Securities, a New York law firm, and a federal judge.

Michael Atleson

DLA Piper

Michael Atleson is Of Counsel at DLA Piper in Washington, DC, with extensive experience in regulation, policy, enforcement, and management, focused on artificial intelligence, advertising, and privacy. He spent close to 20 years in the Federal Trade Commission’s Bureau of Consumer Protection, serving in roles including Assistant Director for Regional Operations, Counsel to the Director, and most recently Senior Staff Attorney in the Division of Advertising Practices. During his time as Senior Staff Attorney, Michael managed numerous and novel enforcement matters related to AI and consumer reviews, engaged frequently with foreign, federal, and state agencies, industry groups, academics, consumer organizations, and media representatives, and co-led the development of the Commission’s groundbreaking Rule on the Use of Consumer Reviews and Testimonials. Michael is a recognized thought leader who brings a well-rounded perspective shaped by diverse roles in the private and public spheres.

Education & Credentials

Michael earned his J.D. from New York University School of Law, where he served as Book Review Editor of the NYU Review of Law and Social Change, and his B.A. from Wesleyan University. He is admitted to practice in New York and the District of Columbia.

Recognition & Leadership

Michael was recognized with the Winning Publication for the “Reporting on AI Hall of Fame” from Aspen Digital in 2023. During his FTC tenure he authored two reports to Congress on automated technology and an award-winning, oft-cited series of AI-related blog posts, along with a variety of plain-language business guidance.

Professional Involvement

Michael has spoken at industry forums including the Better Business Bureau National Programs briefing on AI Companion Tech Governance, the ABA Webinar on Influencer Marketing: Compliance, Enforcement, and Legal Risks, the Coalition for Trusted Reviews Annual Conference, and the NYU School of Law Program on Corporate Compliance and Enforcement Fall Conference. He contributes regularly to Tech Policy Press, Law360, the NYU School of Law Compliance and Enforcement Blog, and the FTC Business Blog.

Experience

Prior to joining DLA Piper, Michael worked for nearly two decades at the Federal Trade Commission’s Bureau of Consumer Protection, holding several management positions and serving most recently as Senior Staff Attorney in the Division of Advertising Practices. He has also worked for the Massachusetts Attorney General, the Maine Office of Securities, a New York law firm, and a federal judge.

Michael Isselin

DLA Piper

Michael Isselin is a Partner at DLA Piper in New York. His practice spans a wide range of areas in the entertainment industry, focused on talent and influencer marketing, SAGAFTRA matters, celebrity endorsements, commercial and content production, sports marketing, and sponsorships. Michael’s knowledge of branding mechanics, content creation, social media engagement, and talent negotiations makes him the go-to attorney and trusted advisor to a roster of high-profile clients, and his negotiation skills and industry acumen have resulted in securing some of the most lucrative endorsement deals involving some of the world’s top celebrities. Michael serves as legal counsel to The Joint Policy Committee, LLC (JPC), the bargaining representative responsible for negotiating the $3+ billion SAG-AFTRA Commercials Contract on behalf of the advertising industry, and he guides major brands and emerging companies through projects involving Web3 and AI.

Education & Credentials

Michael earned his J.D. summa cum laude from New York Law School and his B.A. in Political Science from Rutgers University. He is admitted to practice in New York.

Recognition & Leadership

Michael has been recognized as Up and Coming in Nationwide Advertising: Transactional & Regulatory by Chambers USA (2025), a Next Generation Partner in Advertising and Marketing: Transactional and Regulatory by The Legal 500 United States (2025), and Up and Coming by The Legal 500 United States (2020). Additional recognitions include Variety’s Legal Impact Report (2026), The Best Lawyers in America: One to Watch for Entertainment and Sports Law (2026), Variety’s Dealmakers Impact Report (2024), Variety’s Hollywood’s New Leaders (2023), Ad Age’s 40 Under 40 List (2023), and Variety’s Up Next, Dealmakers Impact Report (2020).

Professional Involvement

Michael serves as a Trustee on the SAG-AFTRA Producers Industry Advancement Cooperative Fund and has presented at industry forums including the University of Miami Law’s Counseling Creators Conference on “The Brand Deal,” the ANA Masters of Advertising Law Conference on influencer marketing beyond #ad, and the NYC Bar Hot Topics in Advertising & Marketing Law on SAG-AFTRA Developments.

Experience

Michael serves as legal counsel to the bargaining representative negotiating the multi-billion-dollar SAGAFTRA Commercials Contracts on behalf of the advertising industry; advises a leading creative agency on production matters and advertising clearance for buzzworthy and iconic Super Bowl commercials; represents global luxury beauty and cosmetics brands on talent endorsement agreements scaling from micro-influencer projects to multi-million-dollar celebrity partnerships; represented a university in negotiating an industry-leading 15-year multimedia rights agreement; and serves as counsel to a leading marketing industry trade association.

Andrew Sacks

DLA Piper

Andrew Sacks (Andy) is Of Counsel at DLA Piper in Seattle, with more than 35 years of experience representing clients before federal and state regulatory agencies, focused on consumer protection and competition issues. Andy has served a wide range of clients from virtually all industries, with an emphasis on marketing, technology, and telecommunication companies, and has successfully defended corporate clients in numerous significant consumer protection regulatory proceedings, including favorably resolving cases at the investigative stage, after administrative or court litigation has been initiated but before trial, or through completion of successful litigation. As a member of DLA Piper’s Telecommunications Group, Andy advises U.S. and global telecom and technology companies on transactional and compliance matters, and has expertise in every aspect of providing legal support to consumer brands on consumer protection issues, including FTC and FCC matters involving truth in advertising, claim substantiation, advertising disclosures, online marketing, influencers and endorsements, and consumer privacy.

Education & Credentials

Andy earned his J.D. from the University of Michigan in 1979. He is admitted to practice in New York and Washington.

Recognition & Leadership

Andy has been recognized by The Legal 500 United States as Recommended in Telecoms & Broadcast: Regulatory (2022) and Telecoms & Broadcast: Transactional (2022). He received the Chairman’s Award for Meritorious Service while serving as a trial attorney in the Federal Trade Commission’s Bureau of Consumer Protection.

Professional Involvement

Andy is the author of a byline on the FTC’s Green Guides for U.S. marketers of emissions reduction credits, and his recent DLA Piper insights have addressed New York City Mayor Mamdani’s aggressive consumer protection enforcement signals, the FTC ramping up scrutiny of rental pricing practices, and the FTC’s issuance of consumer review warning letters.

Experience

Andy began his career as a trial attorney in the FTC’s Bureau of Consumer Protection and has more than 20 years of experience as an in-house legal executive for several major consumer product companies, including two major telecom providers and a worldwide technology retailer, where he oversaw consumer protection compliance, customer agreements, and enforcement matters. He has substantial experience counselling clients on competitor challenges to marketing practices, such as Lanham Act litigation and selfregulatory challenges before the National Advertising Division of the Better Business Bureau. In 2019, as Senior Vice President for Legal Affairs at T-Mobile, Andy helped lead the efforts to obtain regulatory approval of the T-Mobile-Sprint merger, including negotiating settlements with several state Attorneys General offices and obtaining merger approval through a litigated hearing at the California Public Utilities Commission.

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