News + Insights

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Written By Lilian L. Faulconer and Erica B. E. Rogers

January 24, 2024

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act. Businesses should care about the FTC Endorsement Guide…

Off the Bench: Understanding the Name, Image, and Likeness (NIL) Arena

Written By Whitney Campbell Christensen and William S. Durr

November 3, 2023

In an exclusive webinar produced by Ward and Smith, two attorneys coached participants through the changing landscape of Name, Image, and Likeness (NIL). In addition to reviewing new guidance recently published by the NCA…

Whistle Blown: Time Out on North Carolina Student Athlete NIL Deals

Written By Angela P. Doughty, CIPP/US, AIGP

July 12, 2023

Earlier this year, the North Carolina High School Athletic Association (NCHSAA) approved a proposal to adopt a policy allowing name, image, and likeness (NIL) deals for high school student-athletes. The policy was set to …

Diverse Business Group on phones and tablets

Trail Magic: Social Media and Employment Agreement Live Action Role-Playing

Written By Whitney Campbell Christensen and Justin T. Hill

May 10, 2023

Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. During the discussion, the attorneys covered to…

businessman holding handful of money at soccer stadium

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part II

Written By Lilian L. Faulconer and Erica B. E. Rogers

March 17, 2023

The first article in this series explained the requirements under the FTC's current Endorsement Guides that athletes must have "clear and conspicuous" disclosures to endorse a product or promote a business. But what…

Close up shot red darts arrows in the target center

Brisk Briefings: Quick Hitter Legal Updates

Written By William S. Durr and Alexandra E. Ferri

December 9, 2022

At their recent Construction Conversations and Closely Held Business Briefing event, several Ward and Smith attorneys provided an overview of privacy and data security, rules associated with name, image and likeness use fo…

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part I

Written By Lilian L. Faulconer and Erica B. E. Rogers

September 28, 2022

Our colleague Clint Cogburn recently wrote an article discussing the guidance provided by the NCAA's Interim NIL Policy, released in May 2022. But the NCAA and individual states are not the only players establi…

Football, hockey, and basketball players

NCAA Name, Image, and Likeness Guidance for Businesses and Boosters

Written By Clint H. Cogburn

September 9, 2022

The world of Name, Image, and Likeness (NIL) has exploded onto the scene and taken college athletics by storm. The impact of NIL on the college sports landscape is a topic of daily discussion throughout sports media.…

Solution concepts idea and innovation with wooden cubes

Updates to North Carolina's Assumed Business Name Law—Are You Ready?

Written By J. Michael Fields, Olivia G. Lewis, and Erica B. E. Rogers

August 31, 2022

First, what is an Assumed Business Name? An assumed business name, often referred to as a "fictitious name," "DBA," or "doing business as" name, is a name that a business uses other than its legal name. DBAs differ by ent…