Perfect Balance: An Advertising Law Podcast

2024 was another big rulemaking year for the FTC. At the end of October, the FTC issued its final Negative Option Rule, which has created quite a stir in the marketing community. Faced with a flurry of court challenges and a different political landscape following the 2024 elections, it is possible that the Negative Option Rule will have a short life span. Despite its uncertain future, the requirements and principles set forth in the Rule align with many of the state automatic renewal laws and may continue to inform how states regulate automatic renewal programs and enforce their laws. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Consumer Protection partners J.J. Rodriguez and Bez Stern to examine and discuss the key provisions of the Negative Option Rule and their implications, and how the same issues are being addressed by states, including the recent amendments to California's Automatic Renewal Law.

We are just days away from one of the most consequential and historic elections in U.S. history. Political advertising spending is expected to be at an all-time high in this election cycle, with both parties vying for the attention and votes of undecided voters in our highly polarized society, especially in a handful of swing states. While political advertising is protected speech at the highest level under the First Amendment, there are still federal and state laws that apply to political ads. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi explores some of these laws with Manatt Digital and Technology Partner and Leader Eric Bergner and Government and Regulatory Associate Antoinette Bedros, particularly variations in these laws and compliance challenges for digital publishers when accepting political ads on their platforms.

Social media has continued to be a major topic in our society in 2024. The Supreme Court issued three decisions involving social media, TikTok faces an uncertain future as its Chinese parent fights a U.S. congressional mandate to sell the company to avoid a ban in the U.S., the concern over misinformation and disinformation has grown as we are less than three months away from a presidential election, there has been an increasing focus on the potential connection between social media usage and mental health, and the Federal Trade Commission continues to closely monitor social media activities. Despite the political and regulatory concerns, there does not appear to be any drop in the popularity of social media, in any age group. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt associates Monica Kulkarni, Tia Thevenin and summer associate Janice Kim, to discuss the latest trends on social media and some of the popular features in use today.

In this episode, host Po Yi is joined by Manatt partners Rich McDerby and Michel Narganes, to examine some of the benefits and challenges of CVC investments.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt partners J.J. Rodriguez and Eric Gold, to discuss how this more expansive negative option rule proposed by the FTC and the current and proposed state automatic renewal laws may change the way companies offer subscription and continuity products.

Today Po is joined by Manatt partners Bez Stern, Bryan Schneider and Scott Pearson, to discuss the latest efforts by regulators and legislators relating to what they deem to be unfair or deceptive fees and the implication for businesses marketing to consumers.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manat Energy and Environment Partner David Smith and Superconductor Co-Founder and Chief Creative Officer, Chris Adams, to discuss the current state of climate regulations and the marketing opportunities for companies working towards creating a more sustainable future. 

In Part 1 of this two-part episode of Perfect Balance: An Advertising Law Podcast, host Po Yi was joined by Jesse Brody and Bez Stern, Partners in Manatt's Advertising, Marketing and Media team, to discuss many of the key updates that the Federal Trade Commission (FTC) made to its Endorsement Guides and the updated FAQs.

The Federal Trade Commission (FTC) released the final revisions to the Endorsement Guides as well as an updated version of its accompanying guidance, the FAQs.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Entertainment Partner Nathaniel Bach and Intellectual Property Protection and Enforcement Partner Jessica Wood to discuss challenges with owning AI-generated content created for marketing and minimizing intellectual property and other risks.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Bez Stern, a new partner in Manatt's Consumer Protection and Advertising practice group, to discuss some of the recent actions taken by the FTC. In particular, Po and Bez discuss a sweeping new rule proposed by the FTC that would ban non-compete clauses and the Commission's position on the scope of its Section 5 Authority, recent regulatory developments relating to consumer reviews, and the increasing focus on ESG in advertising by the FTC, states and the NAD.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Santiago Márquez and Carolina Pina to discuss the various legal issues and risks associated with running global social media marketing campaigns. In particular, Po, Santiago and Carolina explore the complexities and differences of these laws across the United States, Latin America and Europe.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Randi Seigel and Alice Leiter from Manatt Health to discuss the impact of the Dobbs decision on access to information about abortion-related services and the importance of data privacy in protecting women's right to receive abortion care. In particular, Po, Randi and Alice explore the risks of providing information about abortion care to women in states where abortion is illegal and the imperative to revisit the data privacy practices of anyone who may have access to information about women seeking abortion-related services.

As the wave of opportunity continues to swell for student-athletes at NCAA member institutions who are now able to monetize their name, image and likeness (NIL) rights, risks and uncertainties for colleges and universities in this rapidly evolving marketplace are rising as well. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt professionals Matthew Reece, Kalon Gutierrez and David Frisbey to discuss the complexity of the evolving NIL marketplace and what colleges and universities can do to build a successful NIL program. This episode also takes a closer look at Manatt's newly launched NIL Program Playbook and Scorecard, created for colleges and universities engaging in this space and seeking best practices for program development, dealmaking and compliance. Learn more about the Playbook and Scorecard, or download a preview now. To access other episodes of this podcast, please click here.

With the evolving use of social media and consumer and product reviews in marketing, the Federal Trade Commission (FTC) has proposed significant revisions to its Endorsement Guides in its ongoing effort to provide more practical guidelines and combat deceptive practices relating to endorsements and reviews. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt Advertising Partners Jesse Brody and Jeffrey Edelstein to discuss some of the key updates to the Endorsement Guides that the FTC has proposed, including expanded definitions of “endorser” and “endorsements” to include social tags and virtual influencers, clarification on the disclosure of material connections, and a new definition of “clear and conspicuous” relating to such disclosure, as well as a new section addressing consumer reviews.

While brands continue to innovate their advertising and marketing strategies in the ever-evolving digital age, right of publicity issues have become more complex as the question of an individual's “persona” that is subject to legal protection and adequate consent becomes increasingly important. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by guest Nathaniel Bach, partner in Manatt's Entertainment Litigation practice. Nat represents prominent clients in the media, entertainment and technology industries on a range of issues including the right of publicity, contract disputes, intellectual property, First Amendment, brand protection, the metaverse and other emerging technology matters.

With the games industry impacting the daily life of billions of people around the globe, there is an increasing opportunity for brands and marketers to be involved in the rapidly evolving games and esports space. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by guests Greg Selkoe and Ned Sherman. Greg Selkoe is CEO and cofounder of the esports lifestyle gaming brand XSET and an early leader in the esports and gaming industry. Ned Sherman, partner and leader of Manatt's Digital and Technology Transactions practice, represents a variety of games and esports clients and has over two decades of experience focused on dealmaking, legal issues, venture capital, growth strategies and M&A.

As consumers are increasingly relying on e-commerce and digital services to fulfill their everyday needs, autorenewal programs, like subscription plans or continuity services, have become a ubiquitous marketing tool for companies. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt's Christine Reilly and John McGuinness, partners in the firm's Consumer Protection and Class Action Defense practices and members of the firm's Automatic Renewal team, to discuss various state automatic renewal laws as well as litigation, enforcement and compliance considerations for marketers operating autorenewal programs.

Perfect Balance has covered a variety of top issues and opportunities facing advertisers and marketers in 2021, including loyalty programs, Consumer Financial Protection Bureau (CFPB) enforcement updates, state privacy laws, agency-client relationships and supply chain issues. Looking ahead to 2022, host Po Yi has invited new and returning guests to discuss important updates on pressing topics and to share their insight for what the new year may bring.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt's Kalon Gutierrez and Jen Millard, managing directors in our digital and technology consulting practice, who have extensive experience leading marketing, business development and retail operations across a variety of major brands and retailers. Po, Kalon and Jen discuss the issues and opportunities facing retailers and advertisers this holiday season, including global supply chain and shipping logistics, inventory management, and halo and digital advertising strategies, in addition to tips for success in the current environment.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by new Manatt Financial Services partner Bryan Schneider, who recently arrived at Manatt after serving two years as Associate Director for the Division of Supervision, Enforcement and Fair Lending at the CFPB. Po and Bryan discuss some important regulatory considerations for advertisers in the financial services space, including: Anticipated enforcement priorities for the CFPB, and how Director Chopra's former position as a Federal Trade Commissioner may factor in these priorities The increasing focus of the CFPB to support racial equity and inclusion across the financial services marketplace Marketing to vulnerable populations, such as the elderly and students Artificial intelligence (AI) and machine learning's impact on loan origination decisions Best practices to mitigate risk and penalties in this new era of the CFPB

This past year, the Perfect Balance: An Advertising Law Podcast has covered a wide range of topics—from issues related to COVID-19 and California Consumer Privacy Act (CCPA) implications related to digital advertising to developments in student-athlete name, image and likeness (NIL) rights and loyalty programs. To mark the one-year anniversary of our podcast launch, we asked our listeners to share what they wanted to learn more about. In this special mailbag episode, host Po Yi has invited a few of the guests from earlier episodes—fellow partners in the firm's advertising, marketing and media practice Jesse Brody and Jeffrey Edelstein, and privacy and data security partner Brandon Reilly—to discuss four topics submitted by listeners.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt's Jen Millard, managing director in our digital and technology consulting practice, who has decades of experience in omnichannel retail technology and financial services innovation, including with respect to loyalty programs. Po and Jen discuss the importance of data, growing customer empowerment, and the effects of rapid digital and social transformation on the structures and economics of traditional loyalty programs.

For years, student athletes have not been able to directly participate in the licensing of their name, image and likeness (NIL). But not for much longer. As a result of multiple lawsuits filed by student athletes over the past 15+ years, more permissive NCAA rules are under consideration and new legislation in several states is about to go into effect this summer, which would allow college athletes to start reaping financial benefits from exploiting their NIL rights. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt's Matt Reece, counsel and director in our digital and technology group, for a discussion about the immense opportunity, and also some newfound risks, for both brands and athletes.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by London-based David Bond, partner and head of advertising at Fieldfisher, for a discussion about numerous contractual issues and standards advertisers should consider when negotiating global agency agreements.

More than a year after the COVID-19 pandemic forced a global lockdown, COVID-19 continues to dominate the news and our lives in a way that was unthinkable prior to March 2020. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Manatt advertising partner Jeff Edelstein and Manatt Health managing director Sandy Robinson for a discussion about the advertising of COVID-19-related products, particularly in view of the new COVID-19 Consumer Protection Act and the FTC’s recent crackdown on false COVID-19-related claims, as well as the truth about verified vaccines and treatments in the market and the legitimate process through which those are vetted and approved.

Negotiating client-agency contracts and establishing a strong relationship between advertisers and their agencies can be complex. In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi is joined by Mercer Island Group co-founder and partner Steve Boehler for a discussion of key issues—including mutual trust, transparency, flexibility and process clarity—that advertisers and agencies should consider as they negotiate new master agency agreements or review existing contracts to build collaborative and effective relationships with each other.

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi invites Manatt advertising partners Jesse M. Brody and Jeffrey S. Edelstein back to the show to review major marketing law updates from the tumultuous past year and to highlight key trends for 2021—from COVID-19 clauses in sponsorship and production contracts as the pandemic stretches on to the National Advertising Division’s (NAD) new fast-track dispute resolution process and the changing of the guard at the Federal Trade Commission (FTC).

In this episode of Perfect Balance: An Advertising Law Podcast, host Po Yi invites Manatt government and regulatory partner Randall W. Keen and TCPA compliance and class action defense counsel A. Paul Heeringa to the podcast for a discussion of legal issues related to the participation of companies in the political process, whether through conducting political advertising, making political contributions, or furnishing (or in some cases terminating) services to certain individuals or companies involved in objectionable behavior.

In this episode of Perfect Balance: An Advertising Law Podcast, co-hosts Po Yi and Alexa M. Singh speak with Manatt investigations, compliance, and white collar defense partners Richard S. Hartunian and Jacqueline C. Wolff to explore how the DOJ impacts marketers and what we can expect from the DOJ under the Biden administration.

In this episode of Perfect Balance: An Advertising Law Podcast, co-hosts Po Yi and Alexa M. Singh invite Manatt privacy and data security partners Scott T. Lashway and Brandon P. Reilly to the podcast for a discussion of the implications of the CCPA for companies involved in digital advertising, especially related to the sale or transfer of data.

In this episode of Perfect Balance: An Advertising Law Podcast, co-hosts Po Yi and Alexa M. Singh, drawing on the encyclopedic advertising regulatory knowledge of Manatt advertising, marketing and media partner Jeffrey S. Edelstein, take listeners on a tour of key enforcement actions and priorities that marketers should be aware of as regulators crack down on misleading COVID-19-related advertising.

Co-hosts Po Yi and Alexa M. Singh are joined by Manatt partner Jesse M. Brody to share their experiences with clients on both sides of the sponsorship negotiating table—and to help companies prepare for and better navigate the evolving impacts of COVID-19 on force majeure and live events.

A teaser for what's to come on Manatt's Perfect Balance: An Advertising Podcast.