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Become familiar with two recent trends in marketing law: 

  • “We’ll donate $1 to charity for every purchase of our widget” is becoming a more very common marketing tool, but did you know that almost half of the states have specific laws regulating these promotions? 
  • Another newly-popular marketing tool is a brand’s use of influencers to promote their product on social media.  The FTC has recently stepped up enforcement of its regulations on social media influencers.

The presentation will help you navigate through this developing field and give you the opportunity to learn more about:

  • Cause marketing and commercial coventures, including contractual, advertising & registration requirements;
  • The newly-enacted CA AB-488 affecting online charitable solicitations;
  • The FTC guidelines for influencers and endorsements; and
  • Recent FTC enforcement activities against social media influencers.
The Media and Climate Change (CMS)
CMS
27 pages

Learn about key climate change challenges, strategies, and regulatory developments in the media sector in the United Kingdom and the European Union.

Resource Details
Interest Area: Sports and Entertainment, Media and Publishing, Environmental
Region: United Kingdom, European Union
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This panel will examine recent case law on rights of privacy and publicity related to advertising and media, including in social media, as well as provide an overview of new state consumer privacy laws, including as applied to digital advertising and e-commerce. 

Over the last 4 years, laws legalizing sports and other online wagering have proliferated across the country.  Today more than thirty states have adopted laws legalizing gambling on sports within their borders, most often allowing wagers to be placed online, while six states allow full casino gambling (including slots, blackjack, and roulette) to be played online or on your favorite mobile device. Other states (including California) are considering such legalization.  But there are important hurdles, especially in California and Florida – most notably, state constitutional prohibitions on the expansion of legal gambling.  But that does not mean that just anyone can open up a storefront, throw-up a website, or publish a mobile app, and start taking bets online; these operations are subject to strict regulatory and practical limitations, under both state and federal law. This program will focus on the continued impacts of federal laws (including most notably the Wire Act and the Unlawful Internet Gambling Enforcement Act (“UIGEA”), and the state legal foundations required to bring legal sports or other online wagering into a given state.  Focusing specifically on California, this program will also explore two propositions on the November 2022 ballot – Proposition 26 and Proposition 27 – that would each legalize some forms of sports wagering in the Golden State, and will explain the similarities and differences, why proponents and opponents support each, and offer some insights on what would happen depending on the outcome of the votes on November 8th.

This panel will examine recent case law on rights of privacy and publicity related to advertising and media, including in social media, as well as provide an overview of new state consumer privacy laws, including as applied to digital advertising and e-commerce. 

Although NFTs have been around since approximately 2014, they exploded into mainstream consciousness in early 2021, fetching eye-popping prices at auction with more companies continuing to get involved with the latest blockchain innovation. Join our interdisciplinary panel of Manatt professionals as they provide an overview of NFTs and the metaverse, including new revenue streams, how to sell NFTs, key issues surrounding NFT sales and technology, differences between open and closed trading platforms, contract rights, major NFT-related litigation trends and the impact and influence of NFTs in the sports world.

Topics will include:

  • The basics of NFTs and the metaverse
  • An overview of new revenue streams including how to sell NFTs and secondary-sales
  • Key issues surrounding NFT sales and technology
  • Key differences between open and closed trading platforms
  • Contract rights for various deals and smart contracts
  • The impact and influence of NFTs in the sports world, including opportunities and trends
  • Major NFT-related litigation trends

Description: This panel will review the growing litigation challenging the employment status of student-athletes, including efforts to classify student athletes as employees under both the National Labor Relations Act and the Fair Labor Standards Act, and how forthcoming decisions may impact all workplaces. Panelists will also discuss what employers can do now to prepare themselves for potential adverse rulings, including identifying common pitfalls in dealing with unionized employees, and how to avoid them.

Sample Retention Incentive Agreement
Caren S. Marlowe, John A. Morrison, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 pages

Sample Retention Incentive Agreement Contract

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Audience: Small Law Departments, Large Law Departments
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Employee Benefit Plans Audit – Document Collection Checklist
Kristine M. Bingman, Ruth Anne Collins Michels, Eric D. Penkert, Timothy J. Stanton, Timothy G. Verrall, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
13 pages

This is a sample audit document collection checklist that covers: Qualified Retirement Plans, Specific Plan Documents, Defined Benefit Plans, Union Plans, Group Health, Dental, and Vision Plans, Other Welfare Arrangements, etc.

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Region: United States
Audience: Small Law Departments, Large Law Departments
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Employee Benefits Due Diligence Checklist
Ruth Anne Collins Michels, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
8 pages

This checklist is intended to be a useful informative tool to help the buyer company identify potential issues and liabilities associated with the target company’s benefit plans so that those issues and liabilities can be effectively managed, minimized or eliminated. However, each acquisition is unique and will require an individualized assessment. This checklist is a starting point and guide in conducting such an assessment. 

Resource Details
Interest Area: Sports and Entertainment, Law Department Management, Employment and Labor
Region: United States
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