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Influencer Liability: Will New-Age Litigation Net Celebrity Spokespeople?
FEATURED
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…
INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?
June 23, 2023
INFORM Consumers Act – Is Your Company Ready for June 27 Compliance?
By: Michelle Cohen
On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”, or “Act”) becomes effective, imposing new obligations on online marketplaces like Amazon, eBay, and Etsy. Specifically, the INFORM Consumers Act requires online marketplaces to verify and disclose high-volume third-party sellers’ identities. Congress enacted the law in December 2022 to protect consumers from counterfeit, unsafe, and…
Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?
May 22, 2023
Liar, Liar Robot on Fire – Can You Seek Legal Relief if a Chatbot Defames You?
By: Abbey Block
When another person publishes a lie about you that causes harm to your reputation, you can seek relief by filing a defamation lawsuit. But what sort of relief is available when the person making the defamatory statement isn’t a person at all – but instead is a robot? The world may soon find out. In early April, Reuters reported that a regional Australian Mayor, Brian…
Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks
May 18, 2023
Appeals Court Tells Elon Musk –A Deal Is A Deal: SEC Consent Decree Sticks
By: Michelle Cohen
When faced with federal agency enforcement actions, companies frequently enter into consent decrees with the government to avoid the time, expense, and uncertainties of litigation. Consent decrees often involve the payment of settlement monies. They can also include lengthy commitments in furtherance of compliance, such as annual reporting and officer certifications. Consent decrees may also restrict certain practices, even over decades. Once a “deal” is…
For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
May 15, 2023
For the Children!: Children’s Online Safety Becomes Focus of State and Federal Law
By: Nicole Kardell
Have you seen the latest craze in babysitting? If you are ever out in public, you have. Think of the last time you were at a restaurant, stoplight, or airport, and noticed a child, aged between tot and tween, fixated on his or her device. That’s the craze: the cheapest, most available babysitting option these days is a device that can entertain children for hours,…
Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information
May 10, 2023
Artificial Intelligence Poses Threat to Business Data Privacy and Confidential Information
By: Jake Gray
Over the last year, an abundance of headlines detailing innovations in artificial intelligence (AI) technology have hit the news cycle. Beyond mere technical advancements, many reports have discussed AI’s potential to revolutionize innumerable industries and the workplace, whether for better or worse. The White House is accordingly delving into AI’s role in the workplace, recently announcing that the White House Office of Science and Technology…
