FTC Changes that Impact Influencer Deals with Vicky Smolyar

In this episode, attorney Laurie McCall reveals the complexities of mixing expert consulting with ongoing services. She shares a contract for a software development project with an expert leader. The contract aims to cover two services—software development and consulting—and McCall reveals these issues: Lack of clarity in the description of services and no work order process; Warranties that jeopardize the consultant relationship; and Intellectual property confusion. Find the original contract here: https://www.lawinsider.com/contracts/ejR9PB7ZFhG

In this episode, attorney and physician Steve Hendler shares special considerations for drafting employment agreements for medical professionals. Adapting best practices to a unique context, Hendler explains: Contract terms when regulations require special care transitions; The need for specificity when demanding practice-adjacent duties; Effective dates and the impact of licensing delays; Company-provided malpractice coverage; and Paid Time Off combined with required care coverage. Find the original contract here: https://www.lawinsider.com/contracts/kRHahmIoE9L

More companies are hiring online personalities to represent their product, in deals big and small. As smart as that strategy seems, it's not without risks. This is especially true with changes proposed by the Federal Trade Commission. In this episode, attorney Vicky Smolyar explains some of the most important changes at the FTC and how they impact influencer deals. She walks through an agreement between a personal health company and an influencer to illustrate: •Overlooked disclosure requirements, •FTC healthcare claim violations, •Rules that restrict online giveways, •The dangers of non-defamation clauses, and •Indemnification rules that don't limit honest reviews. Listen to the episode today. Here's the original contract: https://seattlegummy.com/wp-content/uploads/SGC_BrandInfluencer_TC_website.pdf  

Shavon Smith returns to the Contract Teardown show to explain another government contract. In this episode, Smith covers the Subcontract, an agreement between a company that has won a project bid and another company that will execute on the project. She explains Statements of Work, government-standard pricing structures, quality control, and more. Find the original agreement here: https://www.hanford.gov/files.cfm/Exhibit_009-_Draft_Subcontract-Tribal_Nations_Rev_11.pdf  

In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement. Sedberry explains: A company’s obligation to preserve and capitalize on a mark’s value; The law’s focus on consumer protection rather than commercial benefit; and Why negotiations are the time to be thorough when it comes to leveraging a trademark. Find the original contract here: https://www.lawinsider.com/contracts/lQok8kw3gbB  

How are college athletes just like online influencers—and how are they not? In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues. Gibson underlines: •Term considerations that are unique to college athletes, •The difficulty of using a school's brand, •Scheduling difficulties for very busy athletes, and •An overall assessment of the amateurism re-regulation and the growth of NIL deals. Review the contract here: https://www.lawinsider.com/contracts/iaKyZVblAh1

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA). Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks. Kashyap uses Salesforce's agreement to illustrate a few important principles: •Roles must defined, particularly as they shift during an engagement, •Liability should be clear in the event of a plausible data breach, and •Counsel must understand that not-urgent is not the same as not-important when it comes to data risks. Review the contract here: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf

Alcohol distribution agreements are deceptively simple. They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful. In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks associated with this seemingly simple documents. Alexander points out: The specificity of state-level alcohol regulation, The difficulty of choosing governing law jurisdictions, Complexities around direct-to-consumer distribution, and Signals that you should connect with experienced alcohol compliance counsel for your distribution agreement. View the contract here: https://www.lawinsider.com/contracts/h4xMKCdsj7

Non-Disclosure Agreements can be more than rote processes you hate. According to Ehteshamul Haque, they can lay the groundwork for successful deals. In this episode, Haque explains both the practical and philosophical elements of an NDA, including: • How power relationships impact mutuality,  • The trouble with authorized representatives,  • The reality of working with contractors, and • An NDA's role in laying the foundation for a deal. View the contract here: https://www.lawinsider.com/contracts/6imvHw2Ci5R

In this episode, attorney Sivonnia DeBarros uses an Endorsement Agreement with Dwyane Wade to explain Name, Image, and Likeness (NIL) concepts to student athletes. As is important in all contracts, DeBarros underlines the power dynamics and long-term goals of athletes as drivers for negotiating. DeBarros points out the need for specificity when surrendering any control over the use of your persona, and the importance of contextualizing the cash opportunity. Find the contract here: https://www.lawinsider.com/contracts/4sLtgt3mJ1d