March 2025 Creator Intel Newsletter
Product Liability Suit Updates
A medical creator was recently sued in a product liability suit after advertising a product with a brand. The brand’s product was the center of the lawsuit, but the creator was named since they did a deal with the brand. The suit was dismissed against the creator, but this raises an issue specifically for medical (doctor, dentist, and pharmaceutical) creators: negotiating for product liability indemnity.
I recommend including a one-way indemnity clause by the brand, in favor of the creator, whenever the creator is advertising something in the medical space. That way, just in case the creator is ever sued under a product liability case, they can force the brand to pay all legal fees and damages. This will be standard for our medical creators going forward, but if you’d also like this language in your agreements, reach out.
Beneficial Ownership Filings
President Trump has announced that he is suspending enforcement of the beneficial ownership filing requirements required by the Corporate Transparency Act. This means that you don’t need to worry about the filing, for now. But to be clear, the law is clear that all owners of corporate entities must make this filing. I’m still doing it for my businesses, and will handle it complimentary for new corporations that are formed with our firm. Think of the filing like jaywalking. Technically illegal, but not enforced much.
TikTok Ban
As of this writing, TikTok will be banned on April 5, 2025. There has been no meaningful update on whether an American buyer will step up to buy the app. What this means for you all, right now, is the following:
Address the ban in brand deal agreements head on (one option is alternative or substitute posts on other platforms).
Touch base with brand partners for deals that contemplate usage and/or deliverables on the app that are beyond April (reach out if you want some help navigating those conversations).
Get your audience to other platforms, ASAP.
Download all of your raw videos and/or footage (Snaptik pro is one option for this: https://pro.snaptik.app/).
Whether Trump will delay the ban is anyone’s best guess, though he’s indicated he will delay it again if he needs to. We will keep you updated on this.
Can We Help?
As a quick reminder, we help with much more than just brand deals. We can draft employment agreements, handle entity formation, file trademarks, draft demand letters, send cease and desists, negotiate startup financings, and facilitate settlements (both in an employment and brand context).
