Advertising, Marketing & Promotions Law

Advertising Law refers to the body of laws related to the means and methods of communicating information about a product or service, whether in a traditional form of communication or within the ever-changing digital and technology landscape.  We advise clients on every aspect of the creative process, in any media, from creation to implementation of all kinds of advertising, marketing, and promotions.

Our expertise includes:

Agency/Client Relationships:

• Advertising often involves collaboration between an agency and an advertiser or client. One of the most important aspects of the agency-client relationship is the agency-client contract.

• No two deals are the same and there is no uniformity in the roles that each party plays. An agency’s responsibilities will differ depending on many factors so it’s imperative that each party’s expectations are in writing.

• We help clients avoid costly misunderstandings such as assignment of intellectual property rights and usage, liability of the parties, and payment terms by drafting agreements to protect your interests and maintain the unique collaboration between the parties.

Influencers and Endorsers

• The Federal Trade Commission (“FTC”) continually monitors the use of influencers and endorsements in advertising.

• We recognize that brands use influencers and endorsers because they are effective tools in many marketing and advertising programs, however, such use can expose each party in the transaction to legal risk.

• We draft influencer agreements and work with brands and influencers alike to address the specific legal issues such as placement of disclosures, required disclaimers and other FTC requirements.

Advertising, Advertising Agreements, and Forms

• Our clients often have to engage third parties to create and implement a marketing or advertising campaign

• Content marketing including user generated, price advertising, and social media marketing

• Advice and guidance from concept through production and distribution

• Copy review

• Clearance disclosure requirements in all media including online, print, broadcast and out-of-home

• We can analyze advertising and marketing plans to ensure compliance not only with FTC regulations but with intellectual property, rights of publicity, and other areas of law that will affect your campaign

• We also help clients develop internal content review procedures and standards and perform advertising and marketing compliance audits.

• We work with clients on a range of advertising and marketing agreements including:

  • Sponsorship and event marketing

  • Commercial production

  • Licensing music, photo, illustration, and other rights

  • Art buying and licensing with artists, photographers, illustrators, designers, and animators

  • Talent and performer agreements

  • Media purchase

  • Advertising technology

  • Web development, digital media, interactive technology

  • Sponsorship agreements

  • Brand protection

  • Claim substantiation

Regulatory Compliance

• Section 5 of the FTC Act prohibits false or deceptive advertising but that’s just one of over seventy laws that the FTC regulates

• The FTC also enforces the CAN-SPAM Act, ROSCA (Restore Online Shopper Confidence Act), COPPA (Children’s Online Privacy Protection Act), and the CRFA (Consumer Review Fairness Act)

• Many of these laws speak directly to not only pure advertising, but best practices in specific industries with additional regulation such as food or health supplements.

Sweepstakes, Games, and Promotions

• Sweepstakes, contests, games of chance and other promotions are effective ways to gain visibility and attract customers but the checklist for running a legal promotion is long and can be complicated. Let us help you design and implement a legal promotion

• State and federal laws apply as do the terms of use on online platforms on which the promotion will run

• There are many other factors to consider such as drafting official rules, preparing filings, advertising your promotion, using user generated content, registration and bonding in appropriate jurisdictions, eligibility, liability and publicity releases, and prize fulfillment.