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Misleading Review Websites: Beware of Disguised Paid Reviews, Content

The Federal Trade Commission (FTC) mandates that material connections between endorsers and advertisers be disclosed. Yet there are countless misleading review websites out there, masking payments received in exchange for positive publicity. In April, we wrote about review-based websites branded as providing legitimate product information, but actually misleadingly promoting a...

Sixth Circuit Decision a Reminder of Flawed Communications Decency Act

On Monday, the United States Court of Appeals for the Sixth Circuit issued its decision in the Jones v. Dirty World Entertainment case, in which it reversed the lower court judge’s decision in favor of the former teacher and ex-Cincinnati Bengals cheerleader, Sarah Jones.  At trial, a jury awarded Jones $338,000...

How In-House Counsel Can Help Shape Their Companies’ Reputations

Company reputations today are largely dictated by what is posted on the internet, both about the companies themselves and their executives. Gone are the days where reputation is based on building up and maintaining goodwill with consumers over time. As Jennifer Evans, Chief Risk Officer at ANZ, was quoted in...

How to Deal with Potential #Defamation on Twitter

In January, a jury ruled in favor of Courtney Love in a libel case concerning a tweet, brought by Love’s former attorney. This was believed to be the first U.S. trial concerning potential defamation on Twitter. While the plaintiff in the so-called “Twibel” case did not collect damages, and we...