You may be familiar with this situation.
Your agency engages a freelancer to help you with client projects. Maybe that freelancer uses agency equipment and materials to create the work product, is engaged for an indefinite period of time, is asked to track time on each project, and is paid on a monthly basis. You give the freelancer a 1099 which means the freelancer is automatically…
On April 24, 2024, the Federal Trade Commission (FTC) issued a new ruling that essentially bans non-compete clauses across the board for employers. This decision comes after much debate recently around the enforceability of non-competes across various states, as more and more states were rendering them unenforceable or at least much more difficult to enforce.
The FTC’s ban will impact…
Oh TikTok, how you confound us right now!
It’s whiplash time for agencies that have integrated TikTok into their toolkit of recommendations for clients who want to grow brands or achieve other specific business results online.
Let’s walk through some recent legal developments that are affecting TikTok campaigns and creative choices for marketers on the platform today, and that may…
Our main newsletter article last month focused on data privacy – the business of keeping information private and undisclosed.
This time, let’s talk about disclosure – specifically disclosure of your information as an agency owner to the federal government.
If your agency role includes the status of business owner, by now you have probably heard of the Corporate Transparency Act…
It’s not always obvious, but consumer data plays an essential role in your agency’s marketing strategies. Agencies need to be aware of the implications privacy laws can have on you and on your clients as you develop your next strategy recommendation or campaign idea.
In 2023, four new states adopted statutes protecting the use and collection of consumer data, and several more states…
Artificial Intelligence (“AI”) is used by more people than ever, and it has firmly positioned itself as one of the great new technological frontiers. However, whether you are using AI to generate audios for your personal TikTok or to ghostwrite blog posts and copy for your business, the Copyright Office has put its foot down. You don’t own copyright in anything the AI produces – in…
As an agency owner, you work hard to prepare for unforeseen circumstances. You read books, you hold meetings, you buy insurance, you subscribe to this blog . . . And yet, situations with your contractors can really come out of left field, can’t they?
In this article, we walk through four different scenarios common with independent contractors that can have significant impacts on your…
There’s no doubt that by now your agency has been asked by a brand client about marketing in the metaverse or creating or using NFTs in its marketing.
Even if the client (or your agency) isn’t yet ready to apply either of these strategies, conversations about them are occurring, and it’s important to at least know “what you should know” about them. Because clients w…
The use of influencer marketing has exploded in the last few years, and along with that, the complexity of the brand-influencer partnership agreement.
As influencer marketing continues to gain in popularity, and influencer profiles continue to grow in reach and fame, influencer contract terms and conditions have likewise expanded beyond simple terms involving social media posts in exchang…
Successful agencies today put clients in the center of their ecosystem. This has bred a variety of agency business models designed to deliver the results clients demand, while running a profitable agency business.
The following outlines the types of agency work models in practice today; both shared and specific legal issues that each model faces; and the critical legal tools your agency needs…