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Advertising Law Blog

The Advertising Law Blog provides commentary and news on developing legal issues in advertising, promotional marketing, Internet, and privacy law. This blog is sponsored by the Advertising, Marketing & Promotions group at Olshan. The practice is geared to servicing the needs of the advertising, promotional marketing, and digital industries with a commitment to providing personal, efficient and effective legal service.

Showing 31 posts in Social Media.

Swimsuit Company’s Instagram Promotion Goes Viral

Brands need to carefully plan all promotions and to expect the unexpected with social media. Read More ›

FTC Continues Scrutiny of Influencer Campaigns

The FTC is increasing its scrutiny of brands' use of social media influencers who fail to disclose to a material connection between the brand and the influencer. Read More ›

Insightful Evening With Clark Russell Hosted at Olshan

On April 5, 2017, Olshan hosted an evening with Clark Russell, Deputy Bureau Chief, Bureau of Internet and Technology for the New York State Office of Attorney General. Read More ›

Germany Considers Fining Social Media Platform’s Failure to Remove Illegal Content

In the wake of recent public dialogue about whether or not social media plays a role in the outcome of public events, this week, German Justice Minister, Heiko Maas, has proposed a law that would see social media sites face fines of up to 50 million euros if they fail to remove illegal content from their platforms. This comes on the heels of analogous discussions in the U.S. about social media platforms' role in disseminating, and obligations to review and remove, now-coined “fake news” content. Most recently, on March 13th, 2017, Facebook CEO, Mark Zuckerberg, again defended his company against assertions that by failing to remove false content from the platform, Facebook plays a role in promulgating “fake news.” Following a November 2016 Facebook post in which Zuckerberg addressed the need to weigh the removal of “fake” or illegal content from the platform against the preservation of freedom of expression, Zuckerberg touted accusations that Facebook wants “fake news” as “crap.” Commenting at a recent talk at North Carolina A&T State University, Zuckerberg rejected the notion that Facebook views “fake news” articles as a means of inducing more “clicks.” Read More ›

Supreme Court Arguments: North Carolina Law Restricting Access of Sex Offenders to Social Media Sites

Is there a constitutional right to social media? The ongoing dialogue surrounding First Amendment concerns born out of the Internet and social media was the focus of Supreme Court oral arguments on Monday, February 27, 2017. Discussing a North Carolina law that prohibits registered sex offenders from participating in social media sites like Facebook and Twitter, the justices’ comments seemed to suggest a likelihood that they would strike down such a law on First Amendment grounds. Read More ›

Lustigman Quoted in NYPost and Law360 On Lawsuit Filed Against Twitter, Facebook & Google

Section 230 of the Communications Decency Act immunizes websites that merely provide an outlet for another party to provide its content. Read More ›

New York Law Journal Publishes Article on Social Media in Brand Promotion by Andrew Lustigman and Safia Anand

Olshan lawyers Andrew Lustigman and Safia Anand authored an article published in the New York Law Journal’s Fashion Law Report on September 12, 2016, entitled “Legal Pitfalls for Fashion Brands in Social Media.” Read More ›

Andrew Lustigman Participated at ACI's 5th Annual Summit on Digital Advertising Compliance

The American Conference Institute’s 5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions took place on October 17-18, 2016 in New York, NY. Read More ›

Lustigman Quoted in Bloomberg BNA on Social Media Advertising

Companies turning away from traditional advertising. Read More ›