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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…
A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform
May 3, 2023
A New Paradigm: Claimant Opposition to Mass Tort Bankruptcy and Needed Reform
By: George Calhoun
Congress enacted Section 524(g) of the Bankruptcy Code in 1994. That statute requires a 75% supermajority of claimants to approve a bankruptcy plan binding on future claimants and containing injunctions protecting the debtor and other third parties. The statute handed veto power to prominent plaintiff law firms. Companies facing mass tort liabilities, primarily asbestos, were forced into Faustian deals with plaintiffs groups in which trusts…
Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do
April 10, 2023
Basic Data Privacy Hygiene and AI: Do What You Say and Say What You Do
By: Nicole Kardell
Our Privacy Team has been saying this for years –Do What You Say and Say What You Do.[1] It’s an enduring maxim and an important basic step that companies need to embrace in their data collection practices. It also fits in neatly with the concepts of Notice and Consent, which are the hallmarks of almost all data privacy laws. Remarks made recently in a keynote…
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
April 6, 2023
Pump The Brakes or Step on the Gas? An Analysis of Emerging AI Regulatory Frameworks
By: Abbey Block
Artificial Intelligence (“AI”) is growing exponentially and has infiltrated nearly every sector of society. Despite the technology’s growth, the US has yet to pass comprehensive federal legislation addressing its use, commercialization, and development. Although several states such as New York, Maryland, and Washington have implemented their own regulations, no such supervisory scheme has been broadly implemented on the federal level. In response to the largely…
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
March 22, 2023
A Review of Top-Rated AI Tech Companies Undermines the FTC’s Warning of Deception
By: Abbey Block
Artificial intelligence (“AI”) was once thought of as science fiction – something we could only see on a movie screen or read about in a comic book. But in recent years, the technology has become both accessible and popular, proliferating nearly every sector of society. From healthcare to the legal industry, AI technology has been praised for its…
Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach
October 28, 2022
Former Uber Security Chief Convicted of Federal Charges Stemming From 2016 Extortionate Data Breach
By: Michelle Cohen
Uber’s former Chief Security Officer, Joe Sullivan, was convicted of two federal charges—obstruction of justice and misprision of a felony—for his role in covering up an extortionate data breach in 2016, which compromised more than 50 million personal records of Uber drivers and passengers, while the Federal Trade Commission (“FTC”) was probing Uber’s privacy protections. The San Francisco jury’s verdict marks a stunning development in…
