Allison Fitzpatrick of Davis+Gilbert LLP

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An established thought leader in the digital media space, Allison Fitzpatrick brings to her clients a thorough understanding of the power of social media, influencer marketing, native advertising and other forms of emerging media.

Allison has witnessed firsthand the explosive growth of influencer marketing on social media. As popular bloggers transformed themselves into social media influencers — with marketers signing them to lucrative contracts — she was instrumental in shaping those contracts and developing her client’s social media policies. Whether dealing with “micro” influencers in niche categories, or with major celebrities representing national brands, she helps clients navigate the rapidly evolving social media landscape.

Children’s marketers — as well as operators of child-targeted apps and websites — look to Allison for guidance in their online marketing efforts. Knowing the unique power digital media has over children, she routinely reviews websites, apps, privacy policies and marketing campaigns to ensure compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines, the Children’s Online Privacy Protection Act and other laws.

Having worked on some of the industry’s most successful promotions, Allison bore witness to digital media’s dramatic transformation of the promotions industry, as she helped her clients transition from their traditional reliance on print and direct mail promotions to the social media world, where she advises clients on their sweepstakes, contests, free offers, loyalty rewards programs and other promotions.

Even as she keeps a close eye on emerging media platforms, Allison knows how to adapt the traditional principles of truthfulness in advertising to all aspects of her practice, whether advising clients on endorsements and testimonials, price advertising, claim substantiation, negative option marketing, or any other legal issue where those principles apply.

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SEC Penalizes Kim Kardashian Over $1 Million for Paid Crypto Post

The Securities and Exchange Commission (SEC) settled with Kim Kardashian over allegations she violated Section 17(b) of the Securities Act (the “Act”) by publishing an Instagram post promoting the crypto-currency, EthereumMax token (EMAX), to her 250 million followers, without adequate disclosures. Kardashian received approximately $250,000 for this post.… Continue Reading

Kim Kardashian and Floyd Mayweather Sued Over Cryptocurrency Promotions

Kim Kardashian and Floyd Mayweather were sued in a class-action lawsuit in the United States District Court for the Central District of California on January 7, 2022, over their promotion of the cryptocurrency token EthereumMax (EMAX). The celebrities were named as co-defendants with the creators of the cryptocurrency, and are alleged to have helped bilk … Continue Reading

FTC Announces First COPPA Action Involving Connected Toys

A Hong Kong-based electronic toy manufacturer and its U.S. subsidiary agreed to pay the Federal Trade Commission (FTC) $650,000 to settle allegations that they violated the Children’s Online Privacy Protection Act (COPPA) by collecting personal information from children without providing appropriate notice and consent, and by failing to take reasonable steps to secure the data … Continue Reading

FTC Brings First Ever Enforcement Action Against Individual Social Media Influencers; Updates Warnings and Guidance for Influencers and Marketers

On the heels of issuing more than 90 letters to celebrities, bloggers and other influencers in April 2017, as well as receiving continued petitions by watchdog organizations such as Public Citizen, the Federal Trade Commission (FTC) brought its first direct action against individual influencers for failing to disclose their material connections on social media. At the … Continue Reading

Instagram Adds Paid Partnership Tool for Transparency

Instagram recently unveiled a new “branded content tool” that will allow influencers who are paid to endorse consumer products to tag partnering brands with an automated “paid partnership” disclosure. This new feature is intended to create more transparency in the Instagram community and to provide sponsors and influencers the ability to track the performance of … Continue Reading


The Federal Trade Commission (FTC) sent more than 90 letters to celebrities, athletes and other influencers – as well as to marketers – highlighting the need for influencers to “clearly and conspicuously” disclose their relationships to brands when they promote or endorse them on social media. The FTC letters mark the first time that the … Continue Reading