• Handle all aspects of compliance for sweepstakes (games of chance), skill contests, trade and commercial co-venture/charitable promotions (including drafting official rules, reviewing ad copy, attending to state registrations and bonding, drafting winner affidavits and releases, etc.); we coordinate with our network of international counsel for cross-border promotions
  • Help clients launch promotions and apps on third party platforms, including on Facebook, Twitter and Apple’s iOS (iPhone, iPad, iTouch)
  • Draft and counsel on social media policies and compliance with laws and guidelines affecting endorsements, testimonials, blogging and the general use of social media.
  • Represent clients in connection with a variety of promotion agreements, strategic alliances and sponsorship deals.
  • Draft and negotiate all agreements affecting advertising and marketing campaigns, including ad, promotion, digital and pr agency agreements, media buying/planning agreements, branded entertainment agreements and talent and spokesperson deals.
  • Counsel clients on advertising claim substantiation (e.g., comparative advertising claims, product efficacy claims, environmental (green) claims, etc.) and potential false or deceptive advertising.
  • Counsel clients on sales frequency matters, pricing issues, coupons, rebates, warranties and the use in advertising of “free,” “new” and other regulated words and phrases.
  • Represent challengers and advertisers in National Advertising Division (NAD) and Children’s Advertising Review Unit (CARU) proceedings.
  • Perform web site audits.
  • Draft privacy policies, web site terms of use and terms of sale and help clients launch ecommerce platforms (including guidance on the FTC Mail or Telephone Order Merchandise Rule and payment transaction issues).
  • Counsel clients with respect to their own and third party online behavioral targeting activities and the Digital Advertising Alliance.
  • Advise clients with respect to e-mail and mobile marketing initiatives (including for compliance with the Can-Spam Act and the Telephone Consumer Protection Act)
  • Advise clients who market to children (including for compliance with COPPA and CARU Guidelines).
  • Assist clients in structuring incentive and customer loyalty programs.
  • Negotiate and drafting contracts in such areas as web site development, hosting, content, ecommerce and music licensing, as well as software licensing and technology transactions.
  • Counsel clients on user-generated content issues, including the best ways to take advantage of unique protections afforded by the Communications Decency Act and Digital Millennium Copyright Act.