Advertising, Media & Technology

We take a multidisciplinary approach to advertising and marketing, e-commerce, the Internet, information technology, and  multimedia legal issues. Equally important, we understand our clients’ business and commercial goals. Our focus is strategic risk mitigation. As a result, we can help our clients engage with consumers and participate in today's marketplace as few others can.

We provide knowledgeable and practical advice for all types of advertising and marketing campaigns.  Our attorneys are well-versed in the myriad of regulatory requirements and case law that govern advertising and marketing clearance, sweepstakes and contests, influencer marketing, Internet and e-commerce law, and all forms of branding. We assist clients with a wide array of media programs, including print, direct mail, television, radio, video, podcast, digital, mobile, social media, electronic sports, digital gaming, and other emerging platforms. We follow technology developments, and we help our clients leverage new opportunities for strategic branding.

In addition, clients tap our knowledge and experience for a variety of business matters, such as entity structuring and launching businesses; financing; securing and enforcing trademarks, domain names and other intellectual property; drafting and negotiating software, app content and technology licenses; vendor, marketing, and social media agreements; evaluating data privacy issues; developing and launching websites and providing content to online service providers; and mergers and acquisitions.

Working collaboratively with our Litigation group, we defend our clients when  federal regulatory authorities at the FTC, FCC, FDA, CPSC, or state attorneys-general launch investigations, initiate administrative actions, or file lawsuits. In addition, we litigate false advertising matters in federal and state court, before the National Advertising Division of the Better Business Bureau, and through arbitration or mediation. We vigorously represent our clients’ interests in class action matters, such as claims regarding product labeling and health claims, website ADA (Americans with Disabilities Act) compliance, and data privacy matters. Our team has handled groundbreaking cases involving domain names, trademarks, metatags, and the use of keywords in Internet banner advertising, as well as copyright and right of privacy/publicity issues in advertisements and Internet music transmission.

Our attorneys represent clients in practically every industry as they navigate today’s digital marketplace. Examples of the industries in which we have counseled clients include: consumer goods/services, cannabis, cosmetics, cryptocurrencies, dietary supplements, e-commerce, education, fashion, finance, food and beverage, health and wellness, hospitality, jewelry, medical devices, nutraceuticals, non-profit, publishing, restaurants, retail, software/high-tech, sporting goods, telecommunications, and toys.

Capabilities

Key capabilities of our  Advertising, Media & Technology Practice Group include:

Advertising and Marketing

• Advertising Copy Clearance: claim substantiation; testing review; disclaimer evaluation; comparative advertising; puffery; point of sales materials; surveys; testimonials; FTC and state regulation compliance; intellectual property licenses; union compliance for commercials
• Branding: creation and protection of brand identity; trademark clearance and protection; co-branding and sponsorship agreements; content curation guidelines
• Sweepstakes and Contests: concept clearance (domestic and international); official and abbreviated rules; winner affidavits/releases; state registration and bonding requirements; winner selection;  advertising and collateral materials; administrator, sponsorship and prize fulfillment agreements; regulatory inquiries
• Influencer Marketing: FTC and state guidelines for testimonials/endorsements; influencer guidelines; influencer agreements, word of mouth marketing; tiered programs; refer a friend; employee guidelines
• Digital and Social Media Marketing: viral campaigns; native advertising; testimonials and endorsements; behavioral marketing; geo-location tools; privacy issues; franchisor/franchisee policies and guidelines
• Continuity Programs: auto-renewal, negative option, free trial, and advance consent marketing programs; marketing copy; on-boarding scripts; link letters; consumer collateral
• Coupons, Gift Cards, and Rebates: disclosures; expirations; pricing; escheat laws
• Loyalty Programs: structural evaluation; terms and conditions; tiered programs; gamified programs; charitable connections; influencer campaigns; escheat laws; blockchain for point acquisition
• Catalogs and Direct Mail: pricing; advertising claim clearance; CAN-SPAM; third-party license clearance
• False Advertising: challenges to competitor advertising (NAD at Better Business Bureau and court challenges); defense of federal or state attorney general regulatory investigations
• Mobile and Telemarketing: opt-in and text message requirements; TCPA; Telemarketing Sales Rules; state law compliance
• Children’s Advertising: compliance with the Children’s Online Privacy Protection Act; CARU challenges; intellectual property licenses; user-generated content; right of privacy/publicity; fair use; trademark clearance; brand extensions; virtual reality uses
• Corporate Social Responsibility: environmental/green marketing; cause marketing; charity partnerships
• Transactions: vendor agreements; marketing service agreements; licensing agreements; sponsorship agreements; purchase orders; NDA’s
• Internet of Things: advice regarding home, wearable, and other personal connected devices; data privacy; cybersecurity legal issues; intellectual property and data ownership; biometrics law
• Blockchain: cryptocurrency in sweepstakes; Bitcoin and e-currency; intellectual property tracking and ownership; advertising data management; smart contracts; loyalty point programs

E-COMMERCE

• Strategic Planning: formation of web-based businesses; establishment of online operations for brick-and-mortar businesses; online transactions
• Website Agreements: development, hosting and linking agreements; joint ventures to operate websites and pursue Internet ventures
• Software Agreements: software development, software as a service, and software license agreements
• Advertising and Marketing Campaigns: copy clearance; prize promotions; influencer marketing campaigns; social media promotion; continuity programs; loyalty program
• Email: CAN-SPAM compliance; company email policies; email retention and storage.
• Domestic and Foreign Regulatory Restrictions: state, national, and international laws and restrictions on operation of web businesses
• Data Privacy: online privacy obligations and developments; privacy policies
• Content Licensing: online content licenses; content curation guidelines
• Outsourcing: agreements between users and application service providers and other third-party service providers
• B2B Exchanges: business-to-business commercial exchanges
• Electronic Signature Laws: implementation of electronic signature procedures and compliance with electronic signature law mandates
• ADA: American’s with Disabilities Act website guidance

Intellectual Property

• Trademarks: trademark protection, prosecution, and maintenance, domestically and internationally; evaluation of trademarks as advertising claims
• Copyright: copyright protection; fair use; copyright infringement; licenses
• Electronic Content Protection: protection of electronic content online and in other electronic media; and protection of website content
• Patents: e-commerce patent strategies, including designing around others’ patents; filing, procurement, and enforcement of patents; defense against claims of patent infringement
• Software and Database Protection: copyright, patent, and trade secret protection for software and databases
• Website Audits: auditing client websites to ensure compliance with advertising law regulations and electronic media restrictions, to maximize protection of client content and to avoid infringement of third-party rights

Corporate Law and Finance

• Entity Selection and Creation: tax, business and legal advice regarding selection of electronic companies and formation and maintenance of such companies
• Financings: representation of institutional lenders and borrowers in loan and equity transactions including online companies
• Mergers and Acquisitions: valuation, purchase, and sale of Internet-related businesses
• Due Diligence: due diligence reviews in connection with financings and acquisitions of electronic businesses
• Private Placements and Public Offerings: private placement memorandums and initial public offering compliance materials; securities law compliance
• Joint Ventures and Strategic Alliances: joint ventures and similar arrangements for web ventures
• Stock Option Plans: stock option plans; tax and corporate advice regarding issuance and exercise of options in the information technology environment
• Employment and Confidentiality Agreements: employment agreements; non-disclosure agreements; consulting agreements; social media employee guidelines; related employment documents for information technology companies

REGULATORY INVESTIGATIONS AND LITIGATION

• False Advertising Investigations and Disputes: defending class actions, federal agency and state attorneys-general investigations; disputes before the NAD at the Better Business Bureau; Lanham Act and false advertising claims in federal and state court 
• Rights Protection: cutting-edge electronic media and intellectual property infringement claims, including issues relating to use of traditional works in new media
• Domain Name Disputes: domain name disputes in all forums