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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
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December 12, 2025
Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
By: Lauren Scribner
The “influencer economy,” in which so-called “content creators” share user-generated content such as livestreams or short-form film, is showing no signs of slowing down. Currently valued north of $250 billion, it is projected to reach nearly $500 billion by 2027.[1] “Creators earn income primarily through direct branding deals to pitch products as an influencer; via a share of advertising revenues with the host platform; and through subscriptions, donations and other forms of direct payment from followers. Brand deals are the main source of revenue at about 70%, according to survey data.[2] Indeed, a recent survey indicates that 64% of consumers are “more willing” to purchase a product when it is marketed by their favorite influencer.[3] And “9 in 10 marketers…
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The SEC Signs on to Arbitration
September 29, 2025
The SEC Signs on to Arbitration
By: George Calhoun
Early last week, on September 17, 2025, the SEC announced that it will no longer consider the presence of a mandatory arbitration provision in a company’s charter or bylaws when deciding whether to accelerate the effectiveness of a registration statement. This policy shift will permit companies to include arbitration clauses in their governing documents to require securities litigants (including class action plaintiffs) to pursue their…
Cal. High Court Softens Draconian Arbitration Fee Rule
August 19, 2025
Cal. High Court Softens Draconian Arbitration Fee Rule
By: Robert Ward
California law has often tested just how much room the Federal Arbitration Act (FAA) leaves for states to regulate consumer arbitration agreements. Last week, in Hohenshelt v. Superior Court,[1] the California Supreme Court determined that at least one claimant-favoring provision of the California Arbitration Act (CAA), California Code of Civil Procedure § 1281.98 comes close to, but does not cross, that line. At the same…
Will Big Cyber Hacks Cause the SEC to Issue New Guidelines?
January 11, 2018
Will Big Cyber Hacks Cause the SEC to Issue New Guidelines?
By: Ifrah Law
Following a change of heart from a top Securities and Exchange Commission regulator, public companies will likely soon face new guidelines for how they report cybersecurity breaches to investors. SEC Corporate Finance Division Director Bill Hinman was quoted as saying that when Chairman Jay Clayton first asked him if the existing SEC guidance needed to be refreshed, he did not think so. Hinman changed his…
The Risks of Cryptocurrency and How the Government Will Protect Consumers
November 30, 2017
The Risks of Cryptocurrency and How the Government Will Protect Consumers
By: Steven Eichorn
Bitcoin and a host of cryptocurrencies have taken both Wall Street and Main Street by storm in 2017. The nearly continuous gains in the price of Bitcoin have spawned numerous imitators and led a number of companies to raise critical start-up funds by selling their own token/cryptocurrency in a process similar to an initial public offering (IPO): the initial coin offering (ICO). Raising funds via…
CFTC Regulated Markets May Give Bitcoin the Stability It Needs
November 28, 2017
CFTC Regulated Markets May Give Bitcoin the Stability It Needs
By: Ifrah Law
The unregulated nature of virtual currencies like Bitcoin plays a big role in their appeal. However, wild swings in prices in addition to the perception that these markets are subject to manipulation, make it difficult—if not impossible—for the average person to rely heavily on Bitcoin and other virtual currencies as a currency, much less as an investment vehicle. Ironically, some degree of rational regulation may…
SEC and FTC Warn Celebrities Must Disclose Financial Connection For ICO Endorsements
November 27, 2017
SEC and FTC Warn Celebrities Must Disclose Financial Connection For ICO Endorsements
By: Ifrah Law
Cryptocurrency is the latest trend to be embraced by celebrities, so much so that the federal government this month issued a warning about the possible risks involved. Both the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have made clear that if a celebrity is being paid to promote a product on social media, the financial connection between the endorser and…
Deadline Fast Approaches for Final DMCA Registration
November 7, 2017
Deadline Fast Approaches for Final DMCA Registration
By: Steven Eichorn
The Digital Millennium Copyright Act (DMCA) provides a safe harbor from copyright infringement liability for online service providers. While not a particularly famous law, it is a critical law because it enables websites to accommodate user-generated content without being concerned for copyright infringement claims by hosting that content. However, in order to preserve their safe harbor qualification, online service providers must submit an online registration…
