Category Archives: Social Media

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Trump Awarded Nearly $300,000 In Attorney’s Fees And Costs Following His Successful Anti-SLAPP Motion Against Stormy Daniels

We previously posted about President Donald Trump’s successful use of the First Amendment in bringing an anti-SLAPP against Stormy Daniels based on her claim of defamation.  On October 15, 2018, Stormy appealed that decision to the Ninth Circuit.  The lawsuit is Stephanie Clifford v. Donald J. Trump, et al., Case No. 18-cv-06893-SJO (FFMx) in the … Continue Reading

FTC Takes Action Against Social Media Influencers

This morning, the FTC announced that it had reached a settlement in its first-ever complaint against individual social media influencers and that it had sent warning letters to other prominent influencers. In addition, the FTC announced that it had updated previous guidance on influencer campaigns. Settlement The settlement involves Trevor Martin and Thomas Cassell, owners … Continue Reading

The Attack On Social Media Influencer Campaigns

Gonzalo Mon authored the Law360 article “The Attack on Social Media Influencer Campaigns.” In the article, he notes that four consumer groups have sent letters to FTC encouraging the agency to investigate the use of influencers on Instagram. The combined letters include over 150 examples of campaigns that allegedly violate the FTC’s Endorsement Guides. Gonzalo … Continue Reading

Groups Urge FTC to Act on Influencer Campaigns

This week, four groups – Public Citizen, Commercial Alert, the Campaign for a Commercial Free Childhood, and the Center for Digital Democracy – sent a joint letter to FTC encouraging the agency to “investigate and bring enforcement actions related to the practice of non-disclosed advertising through influencer user profiles on Instagram.” As we reported last month, … Continue Reading

When Social Media Becomes Anti-Social: Application of the Communications Decency Act in the Wild

Social media has expanded rapidly over the past few years, becoming a major medium for both public discussion and for the promotion of products and services. These new uses sometimes create additional speech related liability concerns for companies hosting and using social media. These concerns are supported by a recent spike in claims made alleging … Continue Reading

Twibel Hits The Courts: Defamation and The Internet

I recently spoke with the editor of The Metropolitan Corporate Counsel about “twibel” and developments in defamation law pertaining to libelous statements disseminated via social media, blogs and other online platforms. The interview is available here: Twibel Hits The Courts: Defamation and The Internet. Because technological developments have removed traditional obstacles to publication, the law … Continue Reading