Contract Teardown Show from Law Insider Mike Whelan

More companies are hiring online personalities to represent their product, in deals big and small. As smart as that strategy seems, it's not without risks. This is especially true with changes proposed by the Federal Trade Commission.
In this episode, attorney Vicky Smolyar explains some of the most important changes at the FTC and how they impact influencer deals. She walks through an agreement between a personal health company and an influencer to illustrate:
•Overlooked disclosure requirements,
•FTC healthcare claim violations,
•Rules that restrict online giveways,
•The dangers of non-defamation clauses, and
•Indemnification rules that don't limit honest reviews.
Listen to the episode today.
Here's the original contract: https://seattlegummy.com/wp-content/uploads/SGC_BrandInfluencer_TC_website.pdf
 

Shavon Smith returns to the Contract Teardown show to explain another government contract.
In this episode, Smith covers the Subcontract, an agreement between a company that has won a project bid and another company that will execute on the project.
She explains Statements of Work, government-standard pricing structures, quality control, and more.
Find the original agreement here: https://www.hanford.gov/files.cfm/Exhibit_009-_Draft_Subcontract-Tribal_Nations_Rev_11.pdf
 

In this episode, attorney Steve Sedberry shares his views on trademark licensing best practices using a deceptively short agreement.
Sedberry explains:
A company’s obligation to preserve and capitalize on a mark’s value;
The law’s focus on consumer protection rather than commercial benefit; and
Why negotiations are the time to be thorough when it comes to leveraging a trademark.
Find the original contract here: https://www.lawinsider.com/contracts/lQok8kw3gbB
 

How are college athletes just like online influencers—and how are they not?
In this episode, sports attorney John Gibson contrasts the two contexts to illustrate where agreements with college athletes present special issues.
Gibson underlines:
•Term considerations that are unique to college athletes,
•The difficulty of using a school's brand,
•Scheduling difficulties for very busy athletes, and
•An overall assessment of the amateurism re-regulation and the growth of NIL deals.
Review the contract here: https://www.lawinsider.com/contracts/iaKyZVblAh1

In this episode, Arohi Kashyap tears down the Salesforce Data Processing Addendum (DPA).
Companies that deal with private data every day may not see managing data as mission-critical. However, as Kashyap points out, corporate counsel needs to understand and manage data risks.
Kashyap uses Salesforce's agreement to illustrate a few important principles:
•Roles must defined, particularly as they shift during an engagement,
•Liability should be clear in the event of a plausible data breach, and
•Counsel must understand that not-urgent is not the same as not-important when it comes to data risks.
Review the contract here: https://www.salesforce.com/content/dam/web/en_us/www/documents/legal/Agreements/data-processing-addendum.pdf

Alcohol distribution agreements are deceptively simple.
They appear like so many distribution agreements, but the compliance environment is so localized that you can really get yourself in a bind if you're not careful.
In this episode of the Contract Teardown show, experienced alcohol compliance attorney Kristina Perry Alexander details the risks associated with this seemingly simple documents.
Alexander points out:
The specificity of state-level alcohol regulation, The difficulty of choosing governing law jurisdictions, Complexities around direct-to-consumer distribution, and Signals that you should connect with experienced alcohol compliance counsel for your distribution agreement. View the contract here: https://www.lawinsider.com/contracts/h4xMKCdsj7