Advertising & Marketing

Our clients dream big and rely on us to keep up. We work with them to provide business-driven advice on all aspects of advertising and marketing - digital, traditional, and beyond.

 
 

SERVICES

 

Promotions

Our lawyers work daily on a variety of sweepstakes, skill contests, giveaways, games, charitable/commercial co-venture programs and other promotions. Clients rely on us for international, national and regional promotions and for those that raise complex and unique issues. We handle these from concept through execution, including the official
rules and other participant terms, navigating third party platforms, copy review, releases, and other regulatory filings, including registrations and bonding. We coordinate with our network of international counsel for cross-border promotions.

Membership & Sales Programs

We work closely with clients to design, launch, and run all types of membership and sales programs, including customer loyalty programs, private label credit card integrations, subscription and auto-renewal programs and other digital and offline continuity programs. We also advise on all aspects of ecommerce.

Advertising Compliance

We help our clients avoid deceptive advertising claims, manage risk and address third party rights issues. This includes claim substantiation for comparative advertising
claims, product efficacy claims and environmental/green claims and advising on trademark, right of publicity and copyright issues. We counsel on retail pricing and
sales frequency matters, coupons, rebates, gift cards, warranties and the use of "free," and other regulated words and phrases. We also advise clients who market in highly
regulated industries, including alcohol, telemarketing/SMS programs, marketing to children and charitable promotions. We represent challengers and advertisers in
National Advertising Division (NAD) and Children's Advertising Review Unit (CARU) proceedings.

Policies & Training

We create and implement social media policies affecting endorsements, testimonials, blogging and the general use of social media and third party platforms. We work closely
with internal teams to structure and monitor influencer programs. We draft and conduct internal training sessions and create tools for our clients on advertising and marketing issues.

Consumer and Other External Policies

We draft external facing privacy policies and other consumer disclosures and consents. We also assist in implementing updates to these policies and counseling the business team to ensure continued compliance with these policies.

Digital

We understand both the technology and legal issues presented by digital marketing campaigns. We regularly advise on how to navigate the online ad ecosystem, including third party relationships and self-regulatory programs (e.g., DAA and NAI), and we audit apps, web sites and marketing copy to identify legal compliance issues and third party platform requirements, including Facebook, Twitter, Android and iOS. We work closely with our clients on their email, SMS/MMS, telemarketing and other digital marketing programs.

Contracts

We draft and negotiate agreements affecting advertising and marketing campaigns, including ad, promotion, digital and PR agency agreements, media buying/planning
agreements, branded entertainment and music licensing agreements, talent and spokesperson deals and strategic integrations. We also negotiate and draft contracts for
online development and the service providers that power the campaigns, including web site and app creation, hosting and managing content and communications, software licensing and ecommerce solutions. Various types of coupon and rebate redemption and fulfillment agreements regularly come across our desks with major national coupon and rebate clearing houses.