Winston & Strawn partner Brian Fergemann was interviewed by the Center for Sustainable Journalism in an article published on August 31, entitled "Brian Fergemann, Partner in Winston & Strawn, Talks about the Legal Issues Involved in Social Media Marketing."
In the article, Mr. Fergemann answered questions about the legal implications of launching a social media marketing campaign. The regulation of social media marketing is increasingly gaining the attention of government agencies, he said, especially the FTC.
"It is advisable that a company familiarize itself with the FTC's views on consumer testimonials and endorsements before engaging in a social media marketing program that is designed to engage consumers to talk about its products or services," Fergemann said.
Companies are also at risk of lawsuits in connection with user-generated content published online.
"Most consumers don't have a clear understanding of basic principles of intellectual property rights, and you won't always be able to identify violations of third-party rights by reviewing the submissions, which could put your company at risk of getting sued," he said.