Media Advertising

Our advertising and marketing attorneys provide legal counsel on all aspects of advertising and promotional campaigns, as well as guidance for both traditional and emerging media markets. As alternative marketing opportunities and technologies emerge, and regulations try to keep pace, our attorneys have the technical, legal and business acumen necessary to handle the most sophisticated marketing transactions and advertising campaigns, from inception to rollout.

Our experience includes:

  • Advertising Review and Clearance
  • Advertising and Marketing Transactions
  • Promotions Expertise
  • Brand Protection and Advertising Controversies

Advertising Review and Clearance

The legal review includes:

  • Review of scripts, storyboards and copy that appear in commercials, print and digital media, direct mail and on social media networks;
  • Review of claims, both expressed and implied, and counsel regarding necessary substantiation and associated research and studies;
  • Review and counseling regarding comparative advertising claims and campaigns;
  • Counseling on proper use and form of disclaimers;
  • Advising on rights of privacy and publicity, trademark, copyright and other property issues and providing risk assessment where there is a reasonable possibility of legal challenge; and
  • Advising on coupons, rebates, discount and premium offers and related incentive offers and pricing claims

Advertising and Marketing Transactions

We handle a wide range of marketing industry agreements. Practice capabilities include:

  • Structuring, negotiating and drafting of agency-client agreements; media buying agreements; talent and celebrity endorsement contracts; production contracts; music and property license agreements; contracts for co-branding; brand integration and product placements; cross marketing arrangements; joint ventures and strategic alliances; and vendor fulfillment agreements; and
  • Developing comprehensive legal promotions guidelines, policies and training for client implementation.

Promotion Expertise

Expertise on the specific challenges of advertising and marketing regarding constantly evolving technologies has become an integral part of a full-service advertising and marketing practice. Areas of focus for our advertising practice include:

  • Marketing on social media networks and blogs;
  • Club memberships and loyalty programs;
  • Cause marketing and charitable sales promotions;
  • Testimonials and endorsements;
  • Marketing to children;
  • Viral and stealth marketing;
  • Privacy and data collection;
  • Direct-to-consumer marketing campaigns, including email, direct mail, telemarketing, and mobile marketing campaigns; and
  • Product placements and cross marketing opportunities.