Advertising, Marketing & Promotions
We provide sophisticated and strategic advice on the compliance issues and legal risks associated with advertising and marketing campaigns that are at the forefront of today’s digital media trends. We represent clients in this highly regulated and rapidly evolving area of the law in a broad range of industries, including hospitality, healthcare, finance, technology, and higher education. Our experience spans the following areas:
- With capabilities that include both traditional and digital media channels, we help our clients put together innovative creative campaigns that involve social media, mobile technology, user-generated content, online promotions, and telemarketing.
- Marketers have become increasingly interested in blending sponsored and editorial content in the form of native advertising. We help clients understand and navigate the latest FTC guidelines and rulings.
- We assist with content clearance, draft talent releases, and provide guidance on product and service claims substantiation.
- Prepare privacy policies and provide privacy compliance counseling.
- Advise clients on the challenging regulatory landscape relating to the Telephone Consumer Protection Act (TCPA).
- Protect and enforce copyrights and trademarks so that clients can leverage their intellectual property assets to gain a competitive advantage.
- Prepare and negotiate intellectual property and technology licensing transactions.
- Counsel clients on rights of privacy and publicity.
Recent Representative Matters:
- Negotiated advertiser and vendor contracts on behalf of a digital marketing company.
- Designed innovative social media advertising campaigns, promotions, and sweepstakes/contests on behalf of a major hospitality organization.
- Drafted a social media policy and provided training to over 50 employees of a major hospitality organization in connection with its social media activities.
- Working closely with senior vice president for marketing, counseled major healthcare services provider on strength and availability of various brands.
- Drafted master services agreement for delivery of digital advertising content on behalf of a Fortune 100 technology services company.
- Negotiated agreements with large advertising agencies for delivery of digital advertising content.
- Provided TCPA counseling and compliance guidance to online lead generation company.
- Drafted photo and video consent and release form for use by a university with its students.
- Reviewed marketing and promotional materials to ensure full compliance with applicable federal and state advertising regulations on behalf of clients in hospitality, healthcare, finance, technology, and higher education.
- Drafted and negotiated copyright and trademark licensing agreements, including content licensing and co-branding agreements, on behalf of numerous clients.