Social Media: "Influencers" & Disclosures: How to Keep Up with Your Ma
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Social Media: "Influencers" & Disclosures: How to Keep Up with Your Marketing Department

Practice Areas:
Marketing Law
Andrea E. Friedman |  Marlo Serritella |  Kimberly W. Alcantara |  Jennifer Lukas-Bourgeois
Course Levels:
1 hour
Original Program Date :
Jun 13, 2018

Course Description

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Course Description

Welcome to the Millennial update to the old testimonial advertisement! Your Brand marketers are hiring or flirting with 3rd parties known as “Influencers” as a key component of the brand marketing strategy. Influencers are quasi-celebrities who have built substantial followings on social media channels establishing credibility in specific industries. They have the ability to affect purchase decisions of large numbers of consumers and to make things “trend.”

This session addresses legal issues of engaging that Influencer’s powers for the greater good of your brands.

Course Learning Objectives:

At the end of this session, participants will be able to identify situations requiring disclosures when using Influencers in online marketing campaigns and work with marketers to develop disclosures that maintain the integrity of the marketing message.

Topics and Agenda

Topic 1 -  Intro to Marketing Concepts - Influencers & Other Social Media channels 
Topic 2 -  Who's Watching from a Legal Perspective: State AGs, Competitors 
Topic 3 -  Consumers, FTC, Industry Self Regulation
Topic 4 -  Legal Definitions: Endorsement, Material Connection
Topic 5 -  Real World Examples of Endorsement, Material Connections, Required Disclosures
Topic 6 -  Placement of Disclosures in Limited Text Environments
Topic 7 -  Collateral Issues: Claim Substantiation
Topic 8 - Closing Comments

CLE Credits

Mandatory CLE Credit

This program may be eligible for a total of 1 CLE credit(s) in a 60 minute state of which 0  are Ethics credits.

This program may be eligible for a total of 1.2 CLE credit(s) in a 50 minute state of which 0  are Ethics credits.




This course has been approved for 1 MCLE General Credit(s) in California of which 0 are Legal Ethics, 0 are Elimination of Bias in the Legal Profession, 0 are Prevention, Detection and Treatment of Substance Abuse/Mental Illness that Impairs Professional Competence.


This course has been approved for 1 MCLE General Credit(s) in Illinois of which 0 credit(s) qualifies for Professional Responsibility credit.


Select Counsel is an approved provider in the State of Pennsylvania. This course has been approved for 1 CLE Credit(s) in Pennsylvania of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 MCLE Credit(s) in Texas of which 0 credit(s) qualifies for Ethics credit.


This course has been approved for 1 CLE Credit(s) in Washington of which 0 credit(s) qualifies for Ethics credit.

States Pending Approval

The following states are pending approval.

Other MCLE Jurisdictions

Reciprocal States: The following jurisdictions allow reciprocity for courses approved in other MCLE jurisdictions:Alaska, Arkansas, Colorado, Florida, Montana, New Jersey, New York, North Dakota, and Oregon.

Self Reporting States: States that allow an attorney to apply or self-report CLE credit are: Alabama, Delaware, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, West Virginia, Wisconsin and Wyoming.

Course Materials


Andrea E. Friedman's Profile

Andrea E. Friedman Related seminars and products: 1

Friedman Law Group, Ltd.

Andrea Friedman’s principal practice is marketing law. Her expertise covers advertising, claim substantiation, public relations, trade practice, sweepstakes, and promotions in traditional, digital and emerging platforms, as well as event, sponsorship, and other entertainment marketing matters, including extensive counseling with respect to compliance with the SAG/AFTRA Collective Bargaining Agreements and compliance with FTC regulations and guidelines.

PRACTICE FOCUS: Marketing Law | Media, Sports & Entertainment Law
PRIOR ROLES/EXPERIENCE: Schiff Hardin (partner); Associate GC, Sears
LAW SCHOOL: University of Chicago

CONTACT INFO: (773) 248-9455 |


Marlo Serritella's Profile

Marlo Serritella Related seminars and products: 1

Friedman Law Group, Ltd.

Marlo Serritella counsels clients, drafts and negotiates contracts in support of a variety of advertising and marketing arrangements including spokesperson and celebrity agreements, co-promotion agreements, vendor contracts, social media campaigns and related licensing.  Ms. Serritella also advises on advertising review and claim substantiation in order to support clients’ creative endeavors across various platforms.


PRIOR ROLES/EXPERIENCE: Associate General Counsel, True North Communications (now IPG)
LAW SCHOOL: Northwestern University School of Law


CONTACT INFO: (773) 248-9455 |

Kimberly W. Alcantara's Profile

Kimberly W. Alcantara Related seminars and products: 1

Friedman Law Group, Ltd.

Kimberly Alcantara focuses her practice on marketing programs, including social media campaigns, publicity events, contests and sweepstakes, as well as sports, entertainment, celebrity and influencer sponsorships. She negotiates and drafts contracts to support all aspects of her clients’ marketing objectives, including Client-Agency agreements, talent agreements, and joint marketing and co-promotion agreements. Ms. Alcantara also advises clients on advertising review and claim substantiation, trademark clearance, and brand licensing. 

PRIOR ROLES/EXPERIENCE: McDonald's, Senior Counsel, Marketing Practices Group
LAW SCHOOL: University of Michigan

CONTACT INFO: (773) 248-9455 |

Jennifer Lukas-Bourgeois's Profile

Jennifer Lukas-Bourgeois Related seminars and products: 1

CEO & Founder


Jennifer Lukas-Bourgeois “JLB” brings over 20 years of brand building, strategic marketing, digital/social campaigns, event experience, team development and leadership. As one of the individuals who set the foundation for the Red Bull Energy Drink brand in the U.S., JLB now shares this expertise along with her team of marketing, athlete mentorship, broadcasting and communication specialists to build the brands of athletes and products.

CONTACT INFO: (773) 248-9455 |


MCLE Information

MCLE Information for Live Webinar, Webcast & Video replay with Live Q&A General Information Please note that Select Counsel delivers multiple live webinars, webcasts and video replays with live Q & A. Please view a specific course program’s description page or marketing materials for information indicating the jurisdictions a specific program is eligible for credit. Accreditation Information Select Counsel applies for credit for it’s live webinars, webcasts and video replays with live question and answer in the following states: California Illinois Ohio Pennsylvania* Texas Virginia Washington Select Counsel does not seek direct accreditation in AL, AK, AZ, CO, CT, DE, FL, GA, GU, HI, IN, IA, ID, KY, LA, MN, NE, ME, MO, MP, MS, MT, NH, NJ, NM, NY, NV, NC, ND, OK, OR, PR, RI, SC, TN, UT, VI, VT, WI, WV and WY. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Meanwhile, most states allow for Course Approval Reciprocity or Attorney Submitted Applications for Accreditation. Please see details below. * Pennsylvania CLE credit will not be available for the first five video replays with live Q&A. Course Approval Reciprocity Select Counsel has applied for course approval in CA, IL, OH, PA, TX, VA and WA.The following states allow attorneys to earn CLE credit through reciprocity from a course or course provider that meets the basic requirements for approval in that state. States that allow reciprocity for courses approved in other jurisdictions below. Click any of the states below for rules and regulations regarding reciprocity in that below state. Alaska Arkansas Colorado Florida Maine Montana New Jersey New York North Dakota Oregon Self-Reporting/Accreditation States Select Counsel has submitted applications for course approval in CA, IL, OH, PA, TX, VA and WA. Select Counsel has not submitted applications in the states listed below. Many states allow attorneys to submit a course for approval and/or self-report their attendance to the their MCLE Board if it has not been submitted by the sponsor of the course. Currently attorneys who participate in a Select Counsel course who want CLE for the states listed below need to apply/report directly with that state. However, if there is a high demand for a particular state during the registration process, Select Counsel will consider submitting an application for accreditation in that state. Alabama Delaware Georgia Hawaii Idaho Indiana Iowa Kentucky Louisiana Minnesota Mississippi Nebraska Nevada New Hampshire New Mexico North Carolina Oklahoma Oregon Rhode Island South Carolina Tennessee Utah West Virginia Wyoming At this time, Kansas requires the sponsor of all non-traditional format courses to submit the program application. (Kansas will not accept an application from an individual lawyer.) Please note that some states have accreditation fees. In addition, some states may not approve specific programs, formats, or topics for credit. This list is a general guide only. Specific information about your state accreditation requirements can be found on your state's regulator page. For contact state regulator contact information please visit the Continuing Legal Education Regulators Association at Certificates of Attendance and Tracking For each webinar, webcast or video replay with live Q&A, Select Counsel will be tracking your attendance through participation codes that pop up during the presentation. Instructions on how to use these participation codes, along with information about how to retrieve your credit will be provided to you prior, during and after the completion of the program. Upon completion of the course you will receive a either a state specific certificate of attendance for the courses that Select Counsel applied for or a Uniform Certificate of Attendance for states that have reciprocity or are self applying/reporting states. State by State reporting instructions will be included with each certificate of attendance. You will receive this information via email, as well as in a handout that can be accessed before, during and after the course in your customer account. Participation Reporting Select Counsel only applies for course approval in the following states: CA, IL, OH, PA, TX, VA and WA,. Select Counsel will report attendance in any of the above states (e.g. PA) that require the provider to report attendance. For states that allow course approval reciprocity and/or that attorneys are self-reporting/applying, Select Counsel will guide you to the appropriate forms and governing bodies. All information about reporting credit to your state will be provided as a hand out prior, during and after the completion of the course. A Note About MCLE Credit The content on this page is for informational and educational purposes only. Each state has its own rules and regulations indicating what qualifies for CLE credit. Certain programs, subjects, and formats may not receive credit in some states and there may be specific rules regarding who may earn credit or the maximum number of credit hours that may be earned with specific formats. Please contact your state MCLE regulatory entity for specific questions about your MCLE rules. For contact information, go to

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