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Ad Disclosures: FTC Best Practices for Brands & Social Media Influencers

Level: Intermediate
Runtime: 92 minutes
Recorded Date: August 14, 2018
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  • What is Influencer Marketing?
  • Hypotheticals
  • Best Practices
  • Q & A
Runtimes: 1 hour and 32 minutes
Recorded: August 14, 2018
For NY - Difficulty Level: Both newly admitted and experienced attorneys


A Twitter or Instagram post by a celebrity mentions a popular beauty product, but is it paid? A star athlete on Facebook talks about recovering post-game with a favorite sports drink, but there are no hashtags—is it a promotion? A YouTube star reviews new snacks and gives out a coupon code; did they receive the products for free?

Federal Trade Commission (FTC) endorsement is on the rise following debacles like the 2017 Fyre Festival and influencers touting everything from vodka to cryptocurrency to stealthy business schemes. Influencer marketing can generate more than twice the sales of paid advertising, making the allure of engaging influencers and the potential for harm to consumers a formula for social media influencers and companies to get in #trouble.

Our panel will discuss how platforms like Amazon, Facebook, Instagram, and YouTube are making it easier to comply with the FTC’s Endorsement Guides, and how circumventing the guidelines harms everyone. Panelists will also discuss best practices for corporate compliance programs monitoring influencer disclosures, adherence to brand guidelines, and uses of copyrights, trademarks, and public images, etc.

This program was recorded on August 14th, 2018.

Provided By

American Bar Association
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Kimberly Culp

Carr McClellan, PC

Kimberly Culp works with digital media, video game, and consumer products companies to resolve their high-stakes intellectual property disputes. Before a lawsuit is filed, Kimberly counsels her clients on risk management and pre-litigation disputes to assess and manage risk in a wide variety of matters, with an emphasis on advertising, marketing, and intellectual property issues.

When litigation is unavoidable, Kimberly has the proven experience to successfully represent her clients in all aspects of litigation. She has been lead trial counsel before a state agency and has tried cases in state and federal court before juries and judges, at arbitration, and before state agencies. In all aspects of her practice, Kimberly’s focus is on helping her clients reach their strategic goals, whether the client is an early-stage company with limited resources or a mature company operating on a tight budget.

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Lauren Stewart

Associate Attorney
Coast Law Group, LLP

Lauren’s practice focuses on business transactions, intellectual property, Internet technology, and information security. Before joining CLG, Lauren worked with global SaaS and content delivery companies, both pre-IPO and public. She supported in-house legal, human resources, and marketing teams with contract management and due diligence, internal governance policies and compliance, data security, social media moderation, and employment matters. Lauren has a niche in database management, including experience compiling contract risk metrics, maintaining policy libraries, and she performed data quality assurance for a major class action video game settlement. Lauren is an active contributor to the American Bar Association Section of Intellectual Property Law and a fervent advocate for digital rights.

During a decade in Las Vegas working in art direction and brand marketing, Lauren caught a bug for intellectual property and supporting innovative and creative businesses. Lauren has collaborated with journalists, photographers, illustrators, stylists, makeup artists, talent agencies, print and digital media publishers, chefs, architects, advertising agencies, public relations professionals, celebrities, and public officials. She served for five years on the board of the local chapter of AIGA, the professional association for design, and was a PechaKucha City Organizer.

Lauren has a bachelor’s degree in Design from the University of California, Davis and a law degree from the Sandra Day O’Connor College of Law at Arizona State University. In law school, she served as the Senior Executive Editor of Jurimetrics, the Journal of Law, Science & Innovation; was a Center for Law, Science & Innovation Scholar; was awarded Best Note for her article on DMCA Circumvention; counseled inventors and entrepreneurs through the Innovation Advancement Program; and revived the Arizona Volunteer Legal Assistance for Artists pro bono group.

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Mary K. Engle

Associate Director, Division of Advertising Practices
Federal Trade Commission

Mary K. Engle directs the Federal Trade Commission’s Division of Advertising Practices. The Division is responsible for regulating national advertising matters, including claims about food, over-the-counter drugs, dietary supplements, alcohol, tobacco, and Internet services. Engle joined the FTC as a staff attorney in 1990, has held a number of management positions in the FTC’s Bureau of Consumer Protection, and has served as an advisor to a Commissioner.

Before joining the FTC, she practiced law with a firm in Washington, D.C. She received an A.B. from Harvard University in 1983 and a J.D. from the University of Virginia School of Law in 1986.

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Franklin Graves

Commercial Counsel
Eventbrite, Inc.

Franklin Graves is Commercial Counsel at Eventbrite in Nashville, TN, where he supports the overall mission of bringing the world together through live experiences. At Eventbrite, Franklin manages a diverse set of stakeholders and deal structures in support of a growing sales organization and technology commercial contracts with the company's most high profile event organizers in music, sports, and more.

He previously worked as Corporate Counsel for Naxos Music Group, the world's leading classical music company. He currently serves as a Young Lawyer Fellow for the American Bar Association's Section of Intellectual Property Law were he recently received an "Outstanding Leadership Contribution Award." He has published numerous articles across multiple publications, including the ABA's Landslide Magazine, and frequently presents on intellectual property law and technology CLE panels with local and national bar associations. He is an active member of the American Bar Association, Nashville Bar Association, Tennessee Bar Association, and Association of Corporate Counsel.

Franklin earned his J.D. degree, with a certificate in Entertainment & Music Business Law, from Belmont University College of Law in Nashville, TN, and his B.A. degree from Samford University in Birmingham, AL.

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