Perfect Balance: An Advertising Law Podcast
Episode 20: Navigating the College Athletics NIL Boom: Building a Successful NIL Program

Episode 20: Navigating the College Athletics NIL Boom: Building a Successful NIL Program

September 15, 2022

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.

Episode 19: A Closer Look at the Proposed Amendments to the FTC Endorsement Guides: Key Takeaways for Advertisers

Episode 19: A Closer Look at the Proposed Amendments to the FTC Endorsement Guides: Key Takeaways for Advertisers

June 30, 2022

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.

Episode 18: Right of Publicity in the Digital Age: What Brands Should Know About Publicity Right and Consent

Episode 18: Right of Publicity in the Digital Age: What Brands Should Know About Publicity Right and Consent

May 5, 2022

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.

Episode 17: Get Your Brand in the Game: Opportunities for Marketers in Esports and Gaming

Episode 17: Get Your Brand in the Game: Opportunities for Marketers in Esports and Gaming

March 17, 2022

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.

Episode 16: Recent Developments in State Automatic Renewal Laws and Compliance and Enforcement for Marketers

Episode 16: Recent Developments in State Automatic Renewal Laws and Compliance and Enforcement for Marketers

February 1, 2022

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.

Episode 15: Reflections on 2021 and a Look Ahead at 2022

Episode 15: Reflections on 2021 and a Look Ahead at 2022

December 28, 2021

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.

Episode 14: Supply Chain Bottlenecks and the Impacts on Retailers During the Holiday Shopping Season

Episode 14: Supply Chain Bottlenecks and the Impacts on Retailers During the Holiday Shopping Season

November 23, 2021

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.

Episode 13: Advertisers Beware – A Discussion With Bryan Schneider About the Reenergized CFPB’s Enforcement Priorities

Episode 13: Advertisers Beware – A Discussion With Bryan Schneider About the Reenergized CFPB’s Enforcement Priorities

October 28, 2021

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
Episode 12: Special Mailbag Episode – Perfect Balance’s One-Year Anniversary

Episode 12: Special Mailbag Episode – Perfect Balance’s One-Year Anniversary

September 28, 2021

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.

Episode 11: The Future of Loyalty Programs: Trends to Watch, Tips for Innovating

Episode 11: The Future of Loyalty Programs: Trends to Watch, Tips for Innovating

July 22, 2021

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.

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