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February 27th, 2023
GRWM: Everything You Need to Know About the Growing World of Online Influencers and the Opportunities it Presents for Lawyers
Advertising and Interactive Entertainment Counsel Dorian Slater Thomas is interviewed by Chambers Associate in the article, “GRWM: Everything you need to know about the growing world of online influencers and the opportunities it presents for lawyers.” The article speaks with prominent legal leaders on the growing market of social media influencers and the opportunities it presents for lawyers. Dorian is quoted saying, “There are so many entertainment spaces, and advertising has crept into all of those.”
Dorian adds that there are no set metrics as to how big an influencer’s following needs to be to warrant legal representation. He says, “I’ve represented emerging influencers who may have less than 10,000 followers on a platform, and negotiated brand deals with the biggest influencers whose last names start with K.” It’s more about the level of influence these personalities have over consumers, than the numbers themselves. Dorian notes that representing an influencer is almost a piece of a traditional talents job due to the high revenue from marketing dollars.
He also notes that influencer representation sits at the convergence of many areas of law. Dorian says, “I’ve seen deals where Twitch has engaged well-known streamers and essentially asked for a full-time job – 160 hours a month of streaming, so eight hours a day, five days a week. If that’s the case, it’s useful to have an attorney who is experienced in reviewing and negotiating those deals on things like industry standards, hours and compensation, how often you have to break for advertising, or how many ads you have to serve per hour.”
He adds that his entrance into the industry made sense coming from his experience in both advertising and interactive entertainment law. He says, “I work in two groups at Frankfurt Kurnit: the advertising group, which works on all the deals necessary to create a commercial (whether broadcast, social media, or experiential), and the interactive entertainment space, which was traditionally video game development and that genre of entertainment. I was sitting at the right nexus where I had experience in these interactive forms of entertainment and experience in advertising. Influencers straddle those two spaces within the law.”
Dorian recommends keeping up with the industry trades. He says, “Try to end up in the same physical spaces, too. Go to TwitchCon, Comic Con, VidCon. Go build that network of people in your life and they’ll turn to you.”
He adds that living in states where influencers live is helpful. “You’re not going to be stuck in LA or New York for your entire life, but if this is something you want to do then be prepared to spend at least a couple years of your life on either of the coasts.”
In conclusion Dorian says, “If you look back, it was unusual to make a bunch of money off social media, but now you’d be surprised if you tap into your network and realize how many people are making some kind of money, if not their entire income, off of social media, gaming, or some kind of interactive entertainment. As the industry expands, we will see further sophistication in how influencers are represented. He says, “We’re already seeing influencers evolve the same way that traditional talent and TV and movies have evolved, to the extent that we’re now seeing agencies like talent representation for influencers only.”
Read the full article here.
Other Quoted
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
