• What We’re Reading, Watching, and Listening To: June 2025

    A roundup of news and multimedia from the Unfamiliar Terrain team:

    San Francisco

    Mayor Lurie names new S.F. planning director (SF Chronicle): Sarah Dennis Phillips has been named the City’s planning director, replacing Rich Hillis.

    Mayor Lurie’s Family Zoning Plan Is a Leap Forward for San Francisco Housing Policy (SPUR): According to SPUR, a proposal to make changes to the City’s zoning code could help the City meet its state-set target for new housing construction.

    Lurie unveils a new San Francisco-specific alternative to state density bonus law (SF Business Times): Mayor Daniel Lurie proposed a local alternative to the state density-bonus law, which would give developers additional options to build more housing units in the city.

    Here’s how many homes downtown S.F. office conversions might create under new incentives (SF Chronicle): A new report found a total of 49 commercial properties in downtown would be most suitable for conversions into housing.

    Balancing San Francisco’s Budget, Part 3: Closing the Structural Deficit (SPUR): Third in a three-part SPUR series examining the City’s structural deficit and the difficult decisions required to close it. Part 1 looked at the budget process. Part 2 outlined the growth of the City’s revenues and expenditures.

    This California Highway Is Now a Park. The Cars Are Gone, but Not the Anger (New York Times): The transformation of a two-mile stretch of the City’s Great Highway into a pedestrian promenade has set off a clash over anti-car culture.

    Bay Area

    Balancing Oakland’s Budget (SPUR): Nine recommendations for closing the city’s structural deficit to move toward fiscal solvency and economic growth.

    Bay Area’s dominance in AI funding fuels real estate boom (SF Chronicle): According to a new report, the Bay Area continues to dominate venture capital funding for artificial intelligence, fueling office demand.

    California and Beyond

    This small California county is building housing at the fastest rate in the state (SF Chronicle): Even while California is facing a post-pandemic construction slump, several of its smaller and midsize counties have produced new homes at more than twice the speed as the state overall.

    Newsom picks more housing over CEQA in backing two bills meant to speed construction (CalMatters): The effort by two Bay Area lawmakers to exempt most urban housing developments from the state’s premier environmental regulation just received a prized endorsement from Gov. Gavin Newsom.

    Is the secret to housing affordability in California buried in the building code? (CalMatters): As lawmakers scramble to turbocharge post-fire recovery efforts in Los Angeles and to tackle a housing shortage across the state, a new addition may be coming to California’s building code: A pause button.

    Controversial land bill faces rewrite after public backlash (Axios): Sen. Mike Lee (R-Utah) says he’s revising a proposal to sell millions of acres of public land to housing developers after backlash from outdoor recreation enthusiasts.

    When Towns Rebuild From Disaster, Some Get Priced Out (Wall Street Journal): In Panama City, Florida, and Paradise, California, money poured in after natural disasters, squeezing some residents out. The dynamic is repeating across the country.

    American Homes Are Shrinking. Why Are They Still So Unaffordable? (Wall Street Journal): More starter homes are being built, but the situation isn’t a return to the 1950s.

    A Former Office Tower Goes Big for Residents (New York Times): With 1,320 rental apartments and a host of amenities, 25 Water Street is the country’s largest office-to-residential conversion to date.

    Categories: Blogs
  • Beyond the FTC: Consumer Class Actions Are Redefining Influencer Marketing Risk

    By Lindsay M. Gehman and Saachi S. Gorinstein

    The influencer marketing ecosystem has evolved into a multibillion-dollar engine of digital commerce, delivering measurable ROI to brands across industries. However, as the industry matures, so too does the legal landscape underpinning it. While many marketers are familiar with the Federal Trade Commission’s (“FTC”) endorsement guidelines, what’s becoming increasingly apparent is that compliance with FTC regulations is no longer enough.

    A growing number of consumer class actions are testing the boundaries of influencer liability under state consumer protection laws. These suits draw on so-called “Little FTC Acts,” which closely mirror federal guidance and give private individuals the right to pursue claims. Although it remains to be seen how successful these lawsuits will be on the merits, the trend suggests that brands and influencers should be watching closely and preparing accordingly. If these suits continue to survive early motions and succeed on the merits, they could encourage more consumers to pursue similar claims, expanding the legal exposure associated with influencer campaigns.

    A New Form of Enforcement: The Revolve Class Action

    The Negreanu v. Revolve lawsuit marks a turning point. Filed in April 2025 in the Central District of California, the $50 million class action alleges that Revolve, an online clothing retailer, paid influencers to promote its clothing on platforms like Instagram and TikTok without adequately disclosing the sponsorships. The plaintiffs claim the posts were presented as personal style recommendations, not advertisements, and lacked clear indicators such as “#ad” or “paid partnership.” The suit cites violations of the FTC endorsement guidelines, Florida’s Deceptive Trade Practices Act, the Consumers Legal Remedies Act, and consumer protection statutes in over 20 states.

    This shift from regulatory oversight to private enforcement is a noteworthy development. It suggests that compliance with FTC guidelines may no longer be sufficient to insulate brands from risk if influencer content is perceived as misleading.

    Influencer Endorsements on Trial: Four Cases to Watch

    Pop v. Lulifama.com (2023) – The Importance of Particularity

    In this case, consumer Alin Pop sued swimwear brand Luli Fama and several influencers for promoting products without disclosing their paid relationships. The court dismissed the case with prejudice, holding that the complaint lacked the specificity required under Rule 9(b). The court found that Mr. Pop failed to identify which specific posts influenced his purchase or to provide evidence that the undisclosed sponsorships led to economic harm. The court also clarified that FTC guidelines (16 C.F.R. § 255.5) are not binding regulations and therefore cannot, on their own, establish a per se violation of Florida’s consumer protection law (FDUTPA).

    Key takeaway: Simply alleging non-disclosure is insufficient. Plaintiffs must link specific misrepresentations to consumer action and economic injury.

    Sava v. 21st Century Spirits (2024) – A Stronger Complaint Survives

    In contrast, the same plaintiff, Alin Pop, joined Mario Sava in a suit against Blue Ice Vodka maker, 21st Century Spirits, and its influencer partners. The plaintiffs alleged that the product was deceptively marketed as “handcrafted,” “low-calorie,” and “fit-friendly,” and that influencers failed to disclose their paid relationships. This time, the court allowed most of the claims to proceed. The plaintiffs provided detailed factual allegations, identifying marketing claims, influencer posts, and specific purchase decisions.

    The court found the plaintiffs had Article III standing, a constitutional threshold for bringing suit in federal court requiring them to plausibly allege a “concrete” and “particularized” injury, based on their claim that they suffered an economic injury – specifically, that they overpaid for a misrepresented product and noted that while FTC guidelines do not carry the force of law, they may inform whether conduct is deceptive under state law.

    Bengoechea v. Shein (2025) – Class Action Momentum Grows

    Filed by consumers Amanda Bengoechea and Makayla Gipe, this suit targets fashion retailer Shein and several influencers for promoting products without clear disclosures. The plaintiffs claim the influencers’ paid relationships were obscured in dense hashtags or hidden behind “see more” links, misleading consumers into thinking the endorsements were genuine. The complaint alleges that the received products were of lower quality than expected and seeks over $500 million in damages.

    Dubreu v. Celsius Holdings (2025) – Targeting Health Claims

    In a similar action, Lauren Dubreu sued energy drink company, Celsius, and three influencers who promoted the product as a fitness-friendly beverage without disclosing compensation. Some posts claimed that Celsius cocktails had “fewer calories than an apple,” a representation the plaintiffs allege was materially misleading. The suit alleges violations of California’s False Advertising Law, Unfair Competition Law, and the Consumers Legal Remedies Act and seeks at least $450 million in damages.

    These cases remain in early stages, but they demonstrate how courts and consumers are beginning to engage more actively with the question of whether influencer marketing is appropriately transparent.

    Understanding the Legal Risk: Why This Matters Now

    These lawsuits reflect a broader redefinition of influencer marketing risk. Courts are increasingly recognizing that influencer endorsements can have a powerful effect on consumer decision-making, particularly when they appear personal or authentic. When the paid nature of that endorsement is hidden or unclear, courts have shown a willingness to find that consumers may have been misled.

    A couple of elements are repeatedly under scrutiny:

    • Whether claims made in the content are objectively misleading or unverifiable.
    • Whether there was a clear, conspicuous disclosure of the material connection between the brand and the influencer.

    As a result, compliance with the FTC’s Endorsement Guides remains a prudent baseline, but it may no longer be the final word. Plaintiffs’ attorneys are testing these boundaries, and courts appear increasingly open to allowing such claims to proceed past initial motions.

    Risk Management: What Brands and Influencers Can Do Now

    While the current wave of litigation is still developing, brands and agencies should view it as a signal to reassess and reinforce their influencer compliance frameworks. Consider taking the following steps:

    • Clarify and Standardize Disclosures. Use prominent, platform-appropriate tags like “#ad” or “sponsored” placed early in the caption. Avoid burying disclosures in dense hashtag blocks or requiring users to click “see more.”
    • Contract Thoughtfully. Influencer agreements should include disclosure obligations aligned with FTC guidelines and applicable state law. Brands and agencies should retain the right to approve posts, especially when specific product claims are made.
    • Monitor and Audit Content. Implement systems for periodically reviewing influencer posts to verify compliance. Screenshots and logs can serve as helpful evidence if a dispute arises.
    • Substantiate All Product Claims. Statements like “handcrafted,” “low calorie,” or “healthier than an apple” must be backed by verifiable data, or avoided entirely. Courts are increasingly looking for objective substantiation, especially in health or pricing claims.
    • Train Internal Teams and Partners. Marketers and legal teams should stay informed about evolving disclosure standards and train influencers accordingly. Missteps are most likely when expectations are unclear or assumed.

    Looking Ahead: A Trend Worth Watching

    While the long-term viability of consumer-led class actions in this space is still unfolding, the early signs point to increased judicial interest in the sufficiency of influencer disclosures. Courts are not yet unanimous in how these cases should be treated, but they are taking them seriously.

    In the meantime, the safest course for brands and agencies is to assume that influencer endorsements are commercial speech, and should be governed accordingly. Building strong, documented compliance procedures is no longer just a best practice – it is a necessary safeguard.

    To view as a PDF, click here.

  • Chambers USA 2025 Recognizes Nine Coblentz Partners and Four Practices

    Nine Coblentz partners and four practices are recognized by Chambers & Partners in the 2025 edition of Chambers USA. Harry O’Brien and Tay Via are listed as leading lawyers in the Real Estate: Zoning/Land Use – California category; Alan Gennis and Danna Kozerski are listed as leading lawyers in the Real Estate – Northern California category; Timothy Crudo, Rees Morgan, and Sean Coyle are listed in the Litigation: White-Collar Crime & Government Investigations – California category; and Fred Alvarez and Hannah Jones are listed in the Labor & Employment – California category. Coblentz’s real estate and land use, white collar defense and investigations, and employment practices are recognized as leading practices in the guide.

    Real Estate and Land Use

    Coblentz’s land use practice is again ranked in Band 1 in the Real Estate: Zoning/Land Use category for California. Our real estate transactional practice moved up one band and now ranks in Band 2 in the Real Estate – Northern California category. Clients note, “The team has a deep understanding of land use law, significant experience and deep relationships within the jurisdictions that we work in, which helps us achieve desired results,” and that our team is “extremely qualified to handle complex land use issues and problems.”

    Four real estate and land use partners received individual rankings:

    Alan Gennis is ranked as a Leading Lawyer in Band 2 in the Real Estate – Northern California category. “A first rate real estate lawyer. He is one of the best,” remarks a client. Alan has been recognized by Chambers since 2018.

    Danna Kozerski is ranked as a Leading Lawyer in Band 4 in the Real Estate – Northern California category. “Danna is thoughtful, responsive, brilliant and just a rock star. I would hire her again in a heartbeat,” notes a client, while another adds, “Danna is my go-to outside counsel.” Danna has been recognized by Chambers since 2024.

    Harry O’Brien is ranked as a Leading Lawyer in Band 3 in the Real Estate: Zoning/Land Use – California category. “Harry is really well-known and very highly regarded in the industry,” notes a client. Harry has been recognized by Chambers since 2003.

    Tay Via is ranked as a Leading Lawyer in Band 3 in the Real Estate: Zoning/Land Use – California category. A client remarks, “Tay is a well respected, skilled land use attorney who guides her clients through complicated approval processes.” Tay has been recognized by Chambers since 2022.

    White Collar Defense and Investigations

    Coblentz’s white collar defense and investigations practice is ranked in Band 3 in the Litigation: White-Collar Crime & Government Investigations category for California. A client notes, “The firm is a Swiss-Army knife of talent. They are top notch in their response times and client service,” while others add, “Coblentz combines real experience with a practical and efficient approach,” and that “There’s a deep bench of partners with former federal prosecutorial experience. They’re very, very intelligent attorneys.”

    Three litigation partners received individual rankings in the category:

    Timothy Crudo moved up one band and is now ranked as a Leading Lawyer in Band 1 in the Litigation: White Collar Crime & Government Investigations category for California. “Timothy is a go-to lawyer in the white-collar arena. He sees the big picture and guides his clients through really complex matters,” notes a client, while another adds that he “is collaborative, strategic, very smart and really team-oriented. He is phenomenal.” Tim has been recognized by Chambers since 2016.

    Rees Morgan is ranked as a Leading Lawyer in Band 3 in the Litigation: White Collar Crime & Government Investigations category for California. “Rees is one of the finest lawyers in California. He’s knowledgeable, responsive, personable and candid,” raves a client. Another remarks, “I have nothing but positive outcomes with his involvement and I can’t recommend him highly enough.” Rees has been recognized by Chambers since 2021.

    Sean Coyle is ranked as a Leading Lawyer in Band 5 in the Litigation: White Collar Crime & Government Investigations category for California. A client notes, “Sean is a very sensible, steady and smart lawyer.” Sean has been recognized by Chambers since 2024.

    Employment

    Coblentz’s employment practice is ranked in Band 3 in the California: Labor & Employment – Highly Regarded category. “This department is thoughtful and examines all aspects, gives expert advice, and follows up with us on issues as they evolve. I always feel there is an expert for any facet of a situation,” notes a client. Another remarks, “The lawyers at Coblentz are attentive, experts in their field and creative problem solvers who are good at thinking about the larger strategic issues.”

    Two employment partners received individual rankings in the category:

    Fred Alvarez is recognized as a Senior Statesperson in California in the Labor & Employment category. “Fred is a phenomenal lawyer,” raves one client. Another notes, “Fred is very experienced, measured and has great judgment.” Fred has been recognized by Chambers for more than 20 years.

    Hannah Jones is ranked in the Up and Coming category. “Hannah is an incredibly talented lawyer. She provides risk-balanced advice that is practical, tailored to the business and considers the circumstances of the organization,” says a client. Another notes, “Hannah is always easy to talk with and provides clear direction to solve complex matters.” Hannah has been recognized by Chambers since 2024.

    Independent and objective, Chambers USA is carefully researched and widely considered to be the most reputable law firm directory in the world. Ranking criteria include technical legal ability, client service, commercial vision and business understanding, diligence, depth of the team, value for money, and other qualities most valued by legal clients.

    To view the complete list of Coblentz rankings in the 2025 edition of Chambers USA, please visit the publication’s website linked here.

    Categories: News