Advertising and Digital Marketing
Our experienced Advertising and Digital Marketing Team offers companies and agencies a comprehensive and practical approach to maintaining legal and regulatory compliance while achieving their marketing communication and consumer engagement goals. We anticipate and advise clients on legal issues arising in the context of sponsoring, advertising, promoting, administering and fulfilling contests, sweepstakes, viral campaigns, employee or dealer incentive programs, loyalty programs, gift card programs, cause marketing, premiums, rebates, coupons, survey rewards and other promotional campaigns. Our clients include manufacturers, distributors, consultants, agencies and vendors across a broad spectrum of industries, including apparel, food and beverage, consumer packaged goods, financial services, motorsports, mobile applications, trade associations, software and technology licensors, and entertainment and wireless communications firms.
- Drafting, reviewing, negotiating and implementing agreements with athletes and celebrities, bloggers, advertising agencies, media and technology companies, production companies, fulfillment and online contest or promotion hosting service providers, co-sponsors and other promotional partners
- Advising clients on licensing opportunities, legal risks, statutory protections, technology alternatives and trends and compliance requirements related to marketing and advertising programs, loyalty programs, incentive and referral programs, contests, sweepstakes, fan voting and promotions hosted on social media platforms
- Assisting in the development of best practices for managing legal risks and minimizing liabilities in complying with privacy laws, avoiding rights of publicity disputes, understanding the obligations on advertisers marketing products to children, engaging in cause marketing and campaigns highlighting an advertiser's support of one or more charities, and developing media strategies to avoid triggering copyright and trademark disputes
- Advertising copy and creative clearance, including review of print ads, radio and television scripts, e-blasts, direct mail and viral (tell-a-friend) marketing proposals
- Drafting official rules for sweepstakes and contests, disclosures and program guidelines, including programs inviting the submission of consumer videos, essays and other user-generated content, and permitting entry by means of mobile devices or actions on social media sites
- Counseling clients operating in regulated industries, including telecommunications, financial services, dairy products, gasoline and alcoholic beverages, on industry-specific compliance requirements
Our Advertising and Digital Marketing Team includes several experienced intellectual property licensing lawyers with experience in advertising and digital marketing law, practicing from multiple offices. The team is comprised of Carol Brani, Richard Caira, and Nadia Aram. Our team handles digital and in-store programs ranging from companies and agencies engaging celebrities and athletes to endorse products, developing and operating promotions, collaborating with other brand teams to co-promote products and services or engaging agencies to develop, host and fulfill promotions on behalf of manufacturing and brand clients. We bring a depth of compliance and drafting experience, resources and industry-knowledge to efficiently address all of our clients’ legal needs.