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Areas of Interest
July 6th, 2023
New FTC Guidelines Could Prompt Marketers, Influencers to Revisit Endorsement Practices
Advertising Partner Jeffrey A. Greenbaum is quoted in the article, "New FTC Guidelines Could Prompt Marketers, Influencers to Revisit Endorsement Practices" published by The Wall Street Journal. The article discusses the new FTC guidelines for endorsements, which advises businesses on ensuring all users see that a post is sponsored clearly. Jeff is quoted saying, "The FTC has long accepted many of marketers’ standard disclosure methods as sufficient, but the new guidelines make clear that this is no longer the case by going into greater detail about what they must do to avoid potential penalties."
The updated guidelines offer additional details and specific points for influencers to disclose relationships with the brands they mention. Jeff notes, "For an online disclosure to be effective, it needs to be unavoidable [under the new guidelines]. This is a big change in terms of what advertisers are required to do.”
Read the full article here.
Other Quoted
4 Takeaways From 1st Opinion on AI Training and Fair Use
Law 360 quotes Jacqueline Charlesworth on the Third Circuit ruling granting summary judgment to Thomson Reuters, in a case alleging tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters’ Westlaw platform to create a competing legal research tool. Ms. Charlesworth stated the ruling is significant because many AI companies are asserting transformative use, in interpreting The Andy Warhol Foundation v. Goldsmith case. (Behind paywall) View Article
February 13 2025
Thomson Reuters Prevails in Copyright Battle with AI Company
MediaDailyNews quotes Jeremy S. Goldman on the federal court decision that Ross Intelligence infringed Thomson Reuters’ copyright by training its services using Westlaw summaries, known as “headnotes.” Mr. Goldman states the ruling could impact lawsuits by other copyright owners over the use of their material to develop AI. However, he distinguishes some of the high-profile cases such as those against OpenAI in training ChatGPT. He notes OpenAI argues it did not copy material to compete with authors and publishers but to create its language model and technology. View Article
February 12 2025
What a Character
Boston College Law School Magazine quotes Jeffrey A. Greenberg in a profile of Michael Schiffer, founder of S2 Advertising Law, and the former legal director at Twitter. The article titled "What a Character" notes that Mr. Greenberg was on the hiring committee that recruited Mr. Schiffer to join Frankfurt Kurnit’s Advertising group, where he worked for more than 10 years. View Article
February 11 2025