Every day, businesses post, share, tag, and advertise across social media platforms without realizing that each piece of content carries legal exposure. A single Instagram post can trigger a trademark infringement claim. A reposted image can become a copyright lawsuit. An influencer campaign without proper disclosures can draw FTC scrutiny. A sweepstakes that collects email addresses can create data privacy obligations in multiple states. And a competitor’s disparaging tweet—or your own—can open the door to an unfair business practices claim.

These are not edge cases. They are the kinds of matters our firm handles regularly for businesses that move fast online and sometimes discover the legal landscape only after they’ve stepped into it.

What We Heard from the Field

In developing this series, BFV’s attorneys have not only drawn from their own experience representing clients in these matters, but have also sat down with marketing directors, social media managers, creative agency founders, and brand strategists—the professionals who run the platforms that drive modern business. We asked them what legal issues they encounter most often, what they wish they had known before a problem arose, and what they would tell other businesses if they could.

Their answers were candid, consistent, and instructive:

• We didn’t know you couldn’t just use a Google image.
• We assumed it was fair use.
• We thought our agency owned the content it created for us. They assumed we did. Nobody had it in writing.
• We assumed our business had the authority to use the images it used in our advertisements.
• No one told us the FTC actually enforces influencer disclosure rules—until we got a letter.
• We never checked to see if someone else was using the same name before we launched our new business/product.
• We didn’t realize that certain comparisons were problematic and/or prohibited under unfair competition and false advertising laws.

These conversations revealed a pervasive gap in the business world: the velocity of social media outpaces the legal frameworks that govern it. Most businesses are operating without a clear picture of where the lines are. This series is designed to close that gap.

Social media law is not static, and 2026 is a particularly active moment. The FTC has updated its endorsement and testimonial guidelines. Federal courts are grappling with issues related to artificial intelligence and copyright ownership. The landscape of name, image, and likeness rights—once a niche sports law issue—has expanded rapidly into commercial advertising. State legislatures and courts continue to shape how a state’s business and privacy laws apply to digital conduct. And the platforms themselves keep changing their own rules in ways that carry real-world legal consequences for the businesses that depend on them.

The risks are real, the law is evolving, and the cost of getting it wrong—in litigation, regulatory exposure, and reputational harm—can be high. At the same time, businesses that understand the framework can move confidently, build durable brands, and avoid the disputes that derail growth.

A Blog Series on Social Media Legal Landmines That Every Business Must Understand

Throughout the remainder of 2026, BFV’s attorneys will publish a substantive series of posts covering some of the core legal issues in commercial social media use. Each installment will draw on our litigation experience, our direct conversations with marketing professionals, and the governing body of law.

Whether you are a growing company building your brand on Instagram and LinkedIn, a mid-market business scaling an influencer program, or an established organization reexamining your social media legal exposure, the issues covered in this series affect you.

About BFV’s Social Media & Advertising Law Practice

The attorneys at Berman Fink Van Horn PC have represented clients on all sides of social media–related legal disputes: brands enforcing their trademarks against online infringers; companies defending against false advertising claims; businesses navigating copyright ownership disputes with agencies and vendors; and individuals and entities asserting or defending right-of-publicity claims. Our trademark and IP practice, combined with our business litigation capabilities, gives us a comprehensive view of the legal terrain created by commercial social media use.

The insights in this series come from that practice experience—and from the marketing professionals and business stakeholders who were generous enough to share what they encounter on the ground every day.