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On August 5, 2016, CMS published a Survey and Certification Memorandum urging State health departments to enforce violations by nursing homes in posting patient images on social media.

All companies must be mindful of compliance with Federal Trade Commission (FTC) guidelines for influencers and marketers,

As "dupe culture" continues to reshape consumer markets and brand loyalty, Marshall Gerstein attorneys discuss the growing legal and business challenges surrounding lookalike consumer products and trademark enforcement in the age of social media. The conversation explores how online marketplaces, influencer culture, and shifting consumer behavior are reshaping how brands approach intellectual property protection.

A spate of recent lawsuits has left companies questioning the difference between commercial and non-commercial speech. Several highlight the dangers of stepping out of legal boundaries, wittingly or no, when engaged in commercializing businesses using advertising and social media.

Social media is everywhere nowadays. The line between professional and personal with these accounts is growing more and more blurred.

In the legal ethics arena, the Internet and social media can be a high-wire act for attorneys.

On July 1, 2021, more than 460,000 NCAA student-athletes attending 1,100+ colleges and universities across the United States became able to license and use their name, image and likeness (NIL) ...

A recent district court case reminds companies and brand owners to establish clear guidelines or contractual rights with respect to brand-related social media pages’ administration and ownership.

Bot or real person? – a question most online users probably don't ask themselves when interacting online or seeing how many followers a person has on a social media platform.

The Children's Advertising Review Unit (CARU) recently revised its children's advertising guidelines to address the increased prevalence of online media directed to children.

This episode is all about influencers, social media aesthetics and the "first of it's kind" lawsuit centering on the scope of protection attached to a personalized social media aesthetic. Enjoy and thank you for listening!

Here's a case decided by a federal court in Pennsylvania that is more significant than it appears on first blush.

In our 280th episode of The Cyberlaw Podcast, Stewart Baker interviews John Samples from the Cato Institute regarding his essay, "Why the Government Should Not Regulate Content Moderation ...

This week, FDA finally published a December 2012 warning letter on its website, showcasing its first-ever enforcement action based on a company’s social media activity.

On February 28, 2023, FINRA provided an update for its sweep on Social Media Influencers, Customer Acquisition and Related Information Protection.

On October 5, 2016, the Federal Trade Commission (FTC) settled its case with Supple, LLC over certain advertising claims regarding its Supple joint supplement.

A recent court decision dismissing a high-profile influencer lawsuit highlights the critical role that procedural rules can play in advertising and endorsement disputes.