Perfect Balance: An Advertising Law Podcast

Episode 32: Negative Options: A Guide to Understanding Federal and State Legal Requirements

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.

Episode 31: Political Advertising: What Digital Publishers Need to Know to Avoid Legal Minefields

We are just days away from one of the most consequential and historic elections in U.S. history. Political advertising spending is 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.

Episode 30: Social Media in 2024: Insiders’ Look at Popular Platforms and Current Trends

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.

Episode 29: Unlocking the Power of Corporate Venture Capital to Drive Growth and Innovation

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.

Episode 28: The Subscription and Continuity Product Conundrum: What the FTC’s proposed Negative Option Rule and State Automatic Renewal Laws mean for Marketers

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.

Episode 27: Demystifying Junk Fees: What they are, regulatory considerations, and B2C marketing implications

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.

Episode 26: Climate Regulations: Risks and Opportunities for Companies

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. 

Episode 25: Examining the FTC’s Final Updates to the Endorsement Guides: What Marketers Need to Know – Part 2 of 2

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.

Episode 25: Examining the FTC’s Final Updates to the Endorsement Guides: What Marketers Need to Know – Part 1 of 2

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.

Episode 24: AI-Generated Marketing: Who Owns the IP?

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.