Whether it’s Facebook, Twitter, Instagram, or the next big thing, advertisers are increasingly turning to social media to engage their customers. While social media offers advertisers a great opportunity to connect with customers and build their brands, it also presents real and substantial legal risks to those advertisers who are not careful. Companies cannot use social media in the same way that individuals can use social media. The Federal Trade Commission is watching closely to ensure that advertisers and those with a material connection to an advertiser are being transparent when communicating in social media. Celebrities are quick to complain about any use of their name and likeness, and space limitations inherent to the platforms make it difficult to include required disclosures.
Winston & Strawn partner Brian Fergemann provides an overview of the legal risks advertisers face when using social media, and offers practical tips on how to comply with applicable FTC guidance and steer clear of lawsuits by private parties.
I. Understand how the FTC’s Guides Concerning Endorsements and Testimonials impacts your company’s use of social media
II. Know the legal risks associated with engaging others to promote your brand in social media and understand how to mitigate those risks
III. Identify best practices for discussing current events and celebrities in social media
IV. Detail the basic rules for conducting promotions on the various social media platforms
Prior to joining McDonald’s, Mr. Fergemann was a partner in Winston & Strawn’s advertising, marketing, and privacy law group. While at Winston & Strawn, he counseled major national consumer product companies and retailers and their advertising and promotion agencies on a wide range of advertising, marketing, social media, e-commerce, and general intellectual property issues.
In addition, Mr. Fergemann represented clients in connection with governmental investigations by the Federal Trade Commission and various state attorneys general involving allegations of false advertising and deceptive or unfair business practices, and represented numerous clients before the National Advertising Division (NAD) of the Council of Better Business Bureaus.
Mr. Fergemann received a B.A., cum laude, from Michigan State University in 1996 and a J.D. from the University of Virginia School of Law in 1999, where he was on the editorial board of the Virginia Journal of International Law.
Very helpful, thorough, clear.
Great program. Very practical! Want to listen to it again!
LOVE the app... transforming both my morning run and my commute!!!
Most informative cle ever.
Very good presentation.
very good session!!
Excellent and practical program
This was a great lecture, which covered a very interesting and new area of practice for me. It was easy to follow, but yet it covered a lot of topics in the area.
Great course, well-organized and relevant.
Great overview. Difficult topic to break down into pieces, but good examples and good organization helps.
great lecture fun and engaging good examples
This course was immensely helpful! As a corporate counsel at a startup, I will use this knowledge daily.
Great and very helpful.
Excellent and wide coverage of the material. Speaker is obviously quite knowledgeable about the topic.
Very well done. A great overview of the topic.
Nicely presented information that was both interesting adn timely.
Worth recommending to an attorney who advises small biz.
It would be great to have more courses like this.
Very informative and helpful.
Excellent. Interesting, engaging, and current examples in the marketplace. A really great informative presentation.
Great class. Good use of real world examples.
Did not know previously about the problem with advertisers tweeting photos of celebrities along with the advertiser's brand name - very interesting misappropriation of unique right of celebrity to control use of their image. Would also be a vioilation of
I considered myself to be current with the usage requirements of social media, however, there were items presented here that I had not considered and was generally a great overview in incorporating SM into any practice. Nice job!
Very practical. Some of the issues are not necessarily intuitive and need to be pointed out. Very helpful.
Very informative. Excellent content.
I love Brian's presentations.
This is the best course I've watched on LawLine so far. Good for CA attorneys with citations to 9th Circuit cases and real CA examples.
One of the best I have attended
Speaker was excellent.
So much to get into! More time... More credit!
The written materials were very good and enhanced the presentation.
Really informative, great content, and very interesting
Very informative and helpful.
Very interesting topic a terrific speaker!
This is a great Webinar. The speaker clearly knows what he is talking about from firsthand, real life client experiences. I highly recommend this Webinar.
Great course. Very relevant.
Interesting and topical
I thought this was an incredibly helpful seminar. I am an x-NYC law firm lawyer and currently run my own online business and we deal with advertising on all of the social media platforms and encounter the issues raised every single day. Interestingly en
very interesting program.
Excellent production value.
Very interesting course.
Very informative course and the area of social media is very important today.
Very relevant and informative
Having slides was helpful
Really very clear and well done.
Solid introduction - well done.
this was one of the best live broadcasts I have seen on jawline. the speaker was very good. knew his stuff. this is an area of the law that is changing so fast I really wanted to listen to it.
Very good info for business owners using social media!
Interesting and very informative. Thanks.
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