Advertising and Marketing
Our attorneys counsel companies regarding advertising and marketing issues in highly-regulated industries, including financial services, consumer and business credit, food and beverage, consumer products, health care and global retail in connection with digital, print and traditional advertising. We represent recognized, name brand advertisers, as well as smaller companies and start-ups. We advise clients regarding the substantiation of advertising claims, the use of testimonials, as well as industry-specific claims and representations featured in advertising and marketing materials.
We work with our clients from conception of the advertising creative through launch and, if necessary, defense of the advertising claims and marks. We also provide instruction and training to internal advertising and marketing departments regarding proper usage of copyright and trademark designations, and potentially prohibited claims and representations in anticipated related advertising. Our experience also includes counseling clients with respect to sweepstakes, contests and other game promotions programs, from development of rules, terms and conditions to advice regarding the use of third parties to administer the program. We also advise clients with respect to monetizing and protecting competitive business analytics and intelligence tools and data used in developing focused marketing initiatives. At the same time, we work with clients to develop appropriate data safeguards and privacy standards for handling sensitive customer information and business data.
The attorneys in this multi-disciplinary team also represent clients throughout the country in connection with claims under the Lanham Act and false and deceptive advertising and business claims under similar state laws, regulatory enforcement matters, as well as labor and employment disputes involving social media issues.
With the continued expansion and use of social media to reach consumers, build brand presence, increase market share and disseminate information, it is important to have advisors who understand and can navigate the world of social media.
We advise clients regarding the legal issues that arise when using social media to promote business objectives, as well as with regard to the improper use of social media by employees and others who may not share those same objectives. We understand that the effective use of social media is a tool for our clients. We also recognize that, if not controlled and monitored, social media clients run the risk of an unwanted and potentially damaging online conversation.
Our services include:
- Pre-broadcast review of digital and other advertising and creative materials, including, for example, providing advice in connection with substantiation, comparative advertising, the FTC Guidelines and the use of product and service endorsements and testimonials, as well as other industry-specific guidelines.
- Provide advice regarding online sweepstakes, promotions and contests, including preparation of terms, conditions and eligibility requirements, evaluation of partner advertising and promotion guidelines and approval requests, as well as interaction with and documentation of relationships with application developers and third-party operations vendors.
- Provide advice regarding the development and updating of client sites and related social media pages, including pre-deployment content and source review, risk analysis, evaluation and counseling, as well as Digital Millennium Copyright Act compliance, and take down procedures to take advantage of safe harbor protections.
- Prepare employment policies, handbooks, guides and training materials with regard to the use of social media in the workplace, provide necessary advice with regard to the improper use by employees of social media, and help implement solutions to problems stemming from such improper use.
- Represent clients in connection with litigation and dispute resolution matters and with regulators regarding our clients’ brands, trademarks and other intellectual property, including claims alleging false, misleading and deceptive advertising, as well as defamation, unlawful interference and employment-related disputes.
- Provide counseling and representation with regard to insurance recovery efforts under general, media, professional and manuscript liability insurance policies.