No, Niantic Labs and Nintendo are not liable if you break your neck playing Pokémon GO.

The Pokémon GO phenomenon has taken the world by storm and with the onset of Pokémania we’ve seen a rash of Pokémon-related mishaps. Here’s a laundry list of events, some funny and some tragic, that have transpired because people were too busy capturing Pokémon to pay attention to their surroundings: A man sideswiped a Baltimore police […]

FTC Gets Serious About Disclosure (and You Should, Too)!

I’ve written in detail about the Federal Trade Commission’s updated disclosure guidelines from March 2013, but for every point they clarified, they left 5 questions unanswered. Fast forward to June 2015: the FTC has updated its “What People are Asking” PDF document to address some common questions and shut down some approaches brands, bloggers and influencers had been using […]

Live Streaming with Meerkat & Periscope: A Marketer’s Legal Checklist

5-Step Legal Checklist for Marketers Using Live Streaming Apps like Meerkat and Periscope

People love behind-the-scenes content, and live streaming video from a company event or corporate headquarters can offer marketers a unique opportunity to connect with their online audience. Mobile apps like Meerkat and Periscope make live streaming as easy as taking a video with your smartphone, but make no mistake: there is a difference. As I […]

Live Streaming TV Broadcasts: Copyright Law & Periscope Piracy

A few weeks ago, I wrote about apps like Meerkat and Periscope, discussing the potential legal implications of live streaming, from invasion of privacy to copyright infringement and everything in between. Here we are, roughly a month later, and recent events have shown that the buzz about legal risks was not just media hype: people are using Periscope […]

How to Keep Your Social Media Contest from Becoming a Trial

Legal requirements regarding social media giveaways and contests.

Everyone loves winning, but the legal requirements for holding online contests are complex, and costly mistakes can turn your profitable promotion into a loss. Cole Haan received a stern warning from the Federal Trade Commission (FTC) after its recent social media contest. /Begin mandatory disclaimer/ This post and any articles linked from this post are […]

Influence Marketing and the FTC’s 4Ps of Disclosure

Influencers and brands alike should be aware of the FTC’s guidelines for making necessary disclosures in sponsored content. The guidelines have been in place since 2000, but were updated in March of 2013. I’ll give you the short version: if bloggers receive anything of value (free samples, payment, sponsored trips, etc.), this needs to be […]