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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…
2024, AI, and the Harnessing of the Wild West
January 10, 2024
2024, AI, and the Harnessing of the Wild West
By: Nicole Kardell
We are writing a lot about artificial intelligence these days… but then there is a lot to say on the topic. AI is making headlines in terms of legal battles and legislative developments. At the end of 2023, the New York Times filed suit against Microsoft and OpenAI for copyright infringement based upon alleged unauthorized use of their copyrighted works to build the popular ChatGPT. …
Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act
January 2, 2024
Navigating the AI Regulatory Landscape: Comparing Biden’s Executive Order and the EU’s Artificial Intelligence Act
By: Abbey Block
The regulation of artificial intelligence (“AI”) is a popular topic of discussion. Politicians, activists and even AI developers have weighed in to urge the Government to take steps to create guardrails for the technology’s development and use. Yet, until recently, governments and regulators have been slow to take action and pass concrete legislation – leaving the regulation of the industry largely to the private sector’s…
How Does AI Use the Data You Give it?
December 20, 2023
How Does AI Use the Data You Give it?
By: Jake Gray
The development and public offering of generative Artificial Intelligence (AI) models has led to the introduction of many work-complementing and work-supplementing tools that offer individuals and organizations the ability to streamline or expand their workflows. Generative AIs are algorithms, specifically large language models (LLMs), trained on massive amounts of input data to generate their own original text or image outputs by predicting the next most…
Ad Tech in Europe: What Does the Future Hold?
December 4, 2023
Ad Tech in Europe: What Does the Future Hold?
By: Nicole Kardell
If you are subject to the EU’s General Data Protection Regulation and you engage in behavioral advertising, you may want to rethink your business model. A recent decision from the European Data Protection Board (which oversees application and enforcement of the GDPR across the EU) and related statements from regulators from several European member states have cast a shadow over the future of personalized ads…
Major Developments on the Horizon for Bankruptcy Law
November 16, 2023
Major Developments on the Horizon for Bankruptcy Law
By: George Calhoun
The Supreme Court rarely hears bankruptcy cases – typically one per term. But 2023 has been different, the Court already has ruled on four bankruptcy matters, including sovereign immunity issues with respect to Puerto Rico and Indian tribes, appellate review of § 363 sale orders, the discharge of debts obtained by another’s fraud. In addition to those cases, the Court is currently poised to decide…
