The New Rules of Influencer Marketing: FTC Penalties, Creator Contracts, and Class Action Exposure

Michael Atleson, Of Counsel | DLA Piper

Michael Atleson is Of Counsel at DLA Piper in Washington, DC, with extensive experience in regulation, policy, enforcement, and management, focused on artificial intelligence, advertising, and privacy. He spent close to 20 years in the Federal Trade Commission’s Bureau of Consumer Protection, serving in roles including Assistant Director for Regional Operations, Counsel to the Director, and most recently Senior Staff Attorney in the Division of Advertising Practices. During his time as Senior Staff Attorney, Michael managed numerous and novel enforcement matters related to AI and consumer reviews, engaged frequently with foreign, federal, and state agencies, industry groups, academics, consumer organizations, and media representatives, and co-led the development of the Commission’s groundbreaking Rule on the Use of Consumer Reviews and Testimonials. Michael is a recognized thought leader who brings a well-rounded perspective shaped by diverse roles in the private and public spheres.

• Education & Credentials

Michael earned his J.D. from New York University School of Law, where he served as Book Review Editor of the NYU Review of Law and Social Change, and his B.A. from Wesleyan University. He is admitted to practice in New York and the District of Columbia.

• Recognition & Leadership

Michael was recognized with the Winning Publication for the “Reporting on AI Hall of Fame” from Aspen Digital in 2023. During his FTC tenure he authored two reports to Congress on automated technology and an award-winning, oft-cited series of AI-related blog posts, along with a variety of plain-language business guidance.

• Professional Involvement

Michael has spoken at industry forums including the Better Business Bureau National Programs briefing on AI Companion Tech Governance, the ABA Webinar on Influencer Marketing: Compliance, Enforcement, and Legal Risks, the Coalition for Trusted Reviews Annual Conference, and the NYU School of Law Program on Corporate Compliance and Enforcement Fall Conference. He contributes regularly to Tech Policy Press, Law360, the NYU School of Law Compliance and Enforcement Blog, and the FTC Business Blog.

• Experience

Prior to joining DLA Piper, Michael worked for nearly two decades at the Federal Trade Commission’s Bureau of Consumer Protection, holding several management positions and serving most recently as Senior Staff Attorney in the Division of Advertising Practices. He has also worked for the Massachusetts Attorney General, the Maine Office of Securities, a New York law firm, and a federal judge.

Michael Isselin, Partner | DLA Piper

Michael Isselin is a Partner at DLA Piper in New York. His practice spans a wide range of areas in the entertainment industry, focused on talent and influencer marketing, SAG-AFTRA matters, celebrity endorsements, commercial and content production, sports marketing, and sponsorships. Michael’s knowledge of branding mechanics, content creation, social media engagement, and talent negotiations makes him the go-to attorney and trusted advisor to a roster of high-profile clients, and his negotiation skills and industry acumen have resulted in securing some of the most lucrative endorsement deals involving some of the world’s top celebrities. Michael serves as legal counsel to The Joint Policy Committee, LLC (JPC), the bargaining representative responsible for negotiating the $3+ billion SAG-AFTRA Commercials Contract on behalf of the advertising industry, and he guides major brands and emerging companies through projects involving Web3 and AI.

• Education & Credentials

Michael earned his J.D. summa cum laude from New York Law School and his B.A. in Political Science from Rutgers University. He is admitted to practice in New York.

• Recognition & Leadership

Michael has been recognized as Up and Coming in Nationwide Advertising: Transactional & Regulatory by Chambers USA (2025), a Next Generation Partner in Advertising and Marketing: Transactional and Regulatory by The Legal 500 United States (2025), and Up and Coming by The Legal 500 United States (2020). Additional recognitions include Variety’s Legal Impact Report (2026), The Best Lawyers in America: One to Watch for Entertainment and Sports Law (2026), Variety’s Dealmakers Impact Report (2024), Variety’s Hollywood’s New Leaders (2023), Ad Age’s 40 Under 40 List (2023), and Variety’s Up Next, Dealmakers Impact Report (2020).

• Professional Involvement

Michael serves as a Trustee on the SAG-AFTRA Producers Industry Advancement Cooperative Fund and has presented at industry forums including the University of Miami Law’s Counseling Creators Conference on “The Brand Deal,” the ANA Masters of Advertising Law Conference on influencer marketing beyond #ad, and the NYC Bar Hot Topics in Advertising & Marketing Law on SAG-AFTRA Developments.

• Experience

Michael serves as legal counsel to the bargaining representative negotiating the multi-billion-dollar SAG-AFTRA Commercials Contracts on behalf of the advertising industry; advises a leading creative agency on production matters and advertising clearance for buzzworthy and iconic Super Bowl commercials; represents global luxury beauty and cosmetics brands on talent endorsement agreements scaling from micro-influencer projects to multi-million-dollar celebrity partnerships; represented a university in negotiating an industry-leading 15-year multimedia rights agreement; and serves as counsel to a leading marketing industry trade association.

Andrew Sacks, Of Counsel | DLA Piper

Andrew Sacks (Andy) is Of Counsel at DLA Piper in Seattle, with more than 35 years of experience representing clients before federal and state regulatory agencies, focused on consumer protection and competition issues. Andy has served a wide range of clients from virtually all industries, with an emphasis on marketing, technology, and telecommunication companies, and has successfully defended corporate clients in numerous significant consumer protection regulatory proceedings, including favorably resolving cases at the investigative stage, after administrative or court litigation has been initiated but before trial, or through completion of successful litigation. As a member of DLA Piper’s Telecommunications Group, Andy advises U.S. and global telecom and technology companies on transactional and compliance matters, and has expertise in every aspect of providing legal support to consumer brands on consumer protection issues, including FTC and FCC matters involving truth in advertising, claim substantiation, advertising disclosures, online marketing, influencers and endorsements, and consumer privacy.

• Education & Credentials

Andy earned his J.D. from the University of Michigan in 1979. He is admitted to practice in New York and Washington.

• Recognition & Leadership

Andy has been recognized by The Legal 500 United States as Recommended in Telecoms & Broadcast: Regulatory (2022) and Telecoms & Broadcast: Transactional (2022). He received the Chairman’s Award for Meritorious Service while serving as a trial attorney in the Federal Trade Commission’s Bureau of Consumer Protection.

• Professional Involvement

Andy is the author of a byline on the FTC’s Green Guides for U.S. marketers of emissions reduction credits, and his recent DLA Piper insights have addressed New York City Mayor Mamdani’s aggressive consumer protection enforcement signals, the FTC ramping up scrutiny of rental pricing practices, and the FTC’s issuance of consumer review warning letters.

• Experience

Andy began his career as a trial attorney in the FTC’s Bureau of Consumer Protection and has more than 20 years of experience as an in-house legal executive for several major consumer product companies, including two major telecom providers and a worldwide technology retailer, where he oversaw consumer protection compliance, customer agreements, and enforcement matters. He has substantial experience counselling clients on competitor challenges to marketing practices, such as Lanham Act litigation and self-regulatory challenges before the National Advertising Division of the Better Business Bureau. In 2019, as Senior Vice President for Legal Affairs at T-Mobile, Andy helped lead the efforts to obtain regulatory approval of the T-Mobile-Sprint merger, including negotiating settlements with several state Attorneys General offices and obtaining merger approval through a litigated hearing at the California Public Utilities Commission.

SESSION 1 – Evolution of FTC Enforcement | 1:00pm – 1:20pm

The Commission is moving beyond mere warnings, leveraging the Notice of Penalty Offenses to secure heavy fines. Attorneys will see how this proactive era targets both brands and individual creators, with marketplace transparency as the FTC’s enforcement objective.

SESSION 2 – Platform-Specific Disclosure Standards | 1:20pm – 1:40pm

In the fast-paced world of affiliate links and livestreams, “set it and forget it” disclosures fail. Attorneys must keep transparency clear and conspicuous as viewers move dynamically across platforms, ensuring the material connection is never lost in transit.

SESSION 3 – Advanced Creator Agreements | 1:40pm – 2:00pm

Drafting robust contracts requires more than shifting blame to the influencer. Effective agreements establish clear monitoring protocols and corrective actions, recognizing the principle that a brand can never fully contract away its legal accountability for a creator’s conduct.

BREAK | 2:00pm – 2:10pm

SESSION 4 – FTC Investigation Defense & Strategy | 2:10pm – 2:30pm

When the FTC knocks, a defensive posture is not enough. Success lies in demonstrating a culture of compliance through rigorous internal audits and proactive monitoring, showing regulators the brand takes its consumer protection obligations seriously from day one.

SESSION 5 – Endorsement Litigation & Class Action Risks | 2:30pm – 2:50pm

Beyond federal regulators, brands now face a growing wave of consumer class actions. These suits often mirror FTC theories, challenge the adequacy of disclosures, and force companies to defend their marketing practices in high-stakes, unpredictable courtroom battles.

SESSION 6 – Global Regulatory Landscape | 2:50pm – 3:10pm

Endorsement law does not stop at the border. From strict UK standards to emerging EU directives, brands must navigate a fragmented global landscape where international regulators increasingly coordinate to crack down on deceptive influencer marketing worldwide.