ABA CLE: Advertising Regulations in the Age of Social Media Influencers, Dark Patterns and Consumer Reviews

Dunkin Donuts influencer Charli
A few years ago, when my daughter insisted that she needed to try the Charli drink at Dunkin Donuts, I scoffed. Who is Charli? And what is that drink? Well, it turned out “Charli” was social media influencer Charli D’Amelio, with over 100 million TikTok followers, and considered one of the most influential teens in the world. The drink was a sugar-blasted undrinkable concoction (that’s my opinion, and I was not the targeted demographic). The result of that influencer marketing program was (1) the drink sold like hot cakes; and (2) more importantly, it led to a 57% surge in mobile app downloads. Cold Brew sales increased by 20% on the launch day, and 45% on day two. The goal was to appeal to young consumers. It worked. Big time.
As an attorney in the law marketing space, I’ve tried to wrap my head around these newer forms of advertising and promotion. There is no question that influencers influence–Corporate spending on influencers will exceed $10 billion in 2025, more than doubling since 2021, according to eMarketer. Consumer reviews—a cornerstone of marketing for most every industry (law firms included!)—bring their own set of potential perils with them. And creative (and entrepreneurial) digital designers employ dark patterns—deceptive design techniques used in websites, apps, and digital interfaces to manipulate users into making choices they might not otherwise make. In other words, there is lots of room for legal issues and the need for a CLE on the subject matter. This is not your grandparents’ marketing.
Marketing Attorney Blog


On June 11, 2025, I will be speaking again for the
In that brief time snugly between delta and omicron, I had the opportunity to speak at a law firm retreat. Live. In-Person. With people. No masks. In a hotel. Food served. It was circa 2019 and it was so nice to put on a suit and close the Zoom app. In the March/April 2022 issue of Law Practice, I discuss 

There was some sense of irony that on the same day the latest issue of Law Practice arrived via the U.S. Mail that I was in Philadelphia talking to the Greater Philadelphia Law Library Association at their 2019 GPLLA Institute Bringing a Marketing Mindset into the Law Library program at Drexel’s Kline Institute of Trial Advocacy. You may be wondering how I am going to tie in that speaking engagement into the subject for my marketing column in the November/December 2019 issue of the ABA Law Practice Magazine,
Of all the topics I have presented on in 22+ years of teaching law marketing ethics CLEs, my program on navigating the Three Rs—Ratings, Rankings and Reviews—may be my favorite. If you need your ethics credit, find your law firm often enveloped in dealing with the 3 Rs, or just enjoy the subject matter, join me for this live webcast on Tuesday, October 29, 2019 from 1-2 pm ET.
Recently, I had the privilege of serving on a panel at the American Bar Association’s Law Practice Division continuing legal education program on the ethics of virtual and multi-jurisdictional lawyering in Santa Fe, New Mexico. The program was co-sponsored by the State Bar of New Mexico, and took place on May 18, 2018 at the Inn and Spa at Loretto.