Advertising and marketing: transactional and regulatory in United States

Davis+Gilbert LLP

In New York, Davis+Gilbert LLP  has a longstanding and deeply rooted reputation in the advertising and marketing sector. It assists a wide range of clients, spanning from agencies, across brands in all product categories to data-driven services and platforms with the whole spectrum of advertising matters, including in relation to new technologies. Ronald Urbach, who acts the firm’s chairman and department’s co-head, is highly recognized by the market, as is co-chair Richard Eisert, who is particularly known for his work across technology, advertising and marketing, e-commerce, IP and privacy law. Allison Fitzpatrick  stands out in the fields of social media, influencer marketing and native advertising, among others. Joseph Lewczak focuses on campaigns for innovative technologies, products and services. Aaron Taylor is highlighted for his skill in advertising claims and strategies, as well as defending false advertising challenges.

Practice head(s):

Ronald Urbach; Richard Eisert

Key clients

Menchie’s

Bridgestone Americas, Inc.

CBS Interactive

JM Smuckers

Coty, Inc.

Little Caesar Enterprises, Inc

Avocado Mattress

Epson America, Inc.

Fiesta Restaurant Group

Claire’s

Work highlights

  • Assisted Little Caesars in its launch of various products, which required regulatory review to ensure claims did not run afoul of any FDA or other laws.
  • Advised on an Americana-themed promotion for a major US automotive brand and its advertising agency, involving negotiating agreements with an influential TV culinary star and third party food providers, as well as reviewing promotion-specific creative assets.
  • Assisting a US food brand in its full integration into a US university, including providing scholarships, building a cultural research center and serving its coffee at campus cafes.

Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC particularly stands out in the advertising and marketing sphere. Its well-known team of regularly works with brands looking for traditional advertising advice, including production, media marketing and influencer agreements, unions and contracts matters, FTC and FCC enforcement,  as well as assistance on innovative matters spanning from adtech and AI to blockchain and NFTs. In New York, Terri Seligman, a ‘leading attorney in the advertising space’, manages a deep bench of lawyers including Brian Murphy, who is praised as ‘an encyclopedia of legal knowledge in all things entertainment and advertising law‘. Hannah Taylor also stands out for leading on numerous matters and is described as ‘a trusted resource for advertising and marketing transactional work’. ‘Exceptional’ IP lawyer Rayna Lopyan, sports and entertainment expert Christopher Chase and managing partner and chairman of the global advertising lawyers alliance Jeffrey Greenbaum are also noted.

Practice head(s):

erri Seligman

Other key lawyers:

Jeffrey Greenbaum; Candice Kersh; Rick Kurnit; Christopher Chase; Hannah Taylor; Rayna Lopyan

Testimonials

‘Frankfurt Kurnit has a best in class knowledge of this area. They are thoughtful and thorough and always meet deadlines no matter how challenging they can be.’

‘Brian Murphy and Rayna Lopyan are exceptional. They really understand our business and can provide practical advice.’

‘The turn-around time for advice and work product is speedy, and the lawyers always make themselves available promptly for calls. Most importantly, the lawyers give shrewd, but commercial and practical legal advice that is not just couched in a list of risks. They also shy away from overly formal legal responses – like memos and long emails. Unlike other firms, the lawyers will admit when they are not an expert in an area, which is extremely important.’

‘Terri Seligman is the best in providing advice with respect to advertising, marketing, promotions or other consumer matters. Terri’s commitment to client service is unsurpassed.’

‘Brian Murphy is an encyclopedia of legal knowledge in all things entertainment and advertising law related and provides practical counsel v. theoretical counsel that can’t be applied in real world situations. Terri Seligman is a leading attorney in the advertising space, and is a go-to lawyer for any issues at the NAD. Provides practical advice as well and does a super job of advocating for her clients at the NAD.’

‘Responsive, creative and just great people overall. They really know the business.’

‘Jeff Greenbaum is a superstar. He’s somehow always available despite always being busy.’

‘This practice is particularly knowledgeable about the ever evolving advertising industry. They make it a point to stay up to date with new developments in the ad world, along with innovations in other areas that could affect the ad industry. They bottle that knowledge up and publish a newsletter that keeps all of their clients aware of these changes/innovations. Hannah Taylor is a trusted resource for advertising and marketing transactional work.

Key clients

URBN Urban Outfitters

Etsy

Clorox

PepsiCo

MSG Networks

Domino’s Pizza Inc.

Staples

TBWA Worldwide

Wieden & Kennedy

72andSunny

Loeb & Loeb LLP

Loeb & Loeb LLP has a wide, integrated practice, providing advice across advertising, marketing, media, intellectual property, brand marketing, technology, and privacy law. Recent highlights include helping Olympic sponsors in connection with the postponement of the Tokyo 2020 games to create virtual concerts and festivals and to set up live-streaming platforms, among others. The leading team is composed of James Taylor in New York, acting as chair of the advanced media and technology group, co-chair Amir Azaran in Chicago, where also advertising, marketing and promotions head Brian Heidelberger is based, and co-chair Melanie Howard  in Los Angeles, who also leads the IP and luxury brands departments. Kenneth Florin acts as chairman of the firm and is an expert in the convergence of advertising and promotions, emerging media, technology and privacy law.

Practice head(s):

James Taylor; Melanie Howard; Amir Azaran; Brian Heidelberger

Other key lawyers:

Kenneth Florin

Key clients

Google / YouTube

Facebook

Amazon

Visa

Netflix

Citibank

Tyler “Ninja” Blevins

Carrie Underwood

Unilever

Pizza Hut

Publicis Groupe (SapientRazorfish, Digitas, Starcom, Saatchi & Saatchi, Spark Foundry, ZenithOptimedia, Expicient) and Publicis Healthcare Communications Group

T-Mobile USA

Toyota Motor North America

Comcast Corporation

Hanesbrands

iHeartMedia

Hudson’s Bay Company

Saks Fifth Avenue

St. John Knits

Work highlights

  • Representing Facebook in matters relating to its Oculus virtual reality hardware and entertainment platform and new advertising formats and products involving augmented reality and artificial intelligence.
  • Representing Netflix in connection with various advertising, promotional, and media matters.
  • Representing Tyler “Ninja” Blevins in connection with numerous media, brand ambassador, endorsement, sponsorship and esports deals, as well as licensing of his right of publicity/persona and brand.

BakerHostetler

In the advertising and marketing space, Baker & Hostetler LLP is particularly known for its activity at the intersection with digital media, privacy and protection of digital assets. Traditional advertising matters are paired with data and privacy work, including in connection to blockchain and cryptocurrency, the metaverse, NFTs and AI, and FTC-related work. The team handles a broad range of matters thanks to its integration within the wider digital assets and data management department. Linda A. Goldstein in New York, who mainly focuses on complex transactions and regulatory issues, co-leads the practice together with Amy Ralph Mudge in Washington DC, who specializes in FTC investigations, NAD challenges and class action defense. Always in Washington DC, associate John Ferry represents clients before the NAD, the FTC and state attorneys general, as well as in federal court in cases involving claim substantiation, sweepstakes and promotions, and social media campaigns. In October 2021, Daniel Kaufman joined the Washington DC team from the FTC, further expanding the team’s capabilities in the area.

Practice head(s):

Linda Goldstein; Amy Ralph Mudge

Other key lawyers:

John Ferry; Daniel Kaufman

Key clients

CBS Interactive

Christian Dior

Kraft-Heinz Company

Meredith Corp.

Ticketmaster Entertainment

The Kellogg Company

Henkel

Bayer Consumer Care

AT&T

iRobot

Luxottica

Danone North America

Galderma

Intuit

DLA Piper LLP (US)

DLA Piper LLP (US) provides full-service advertising advice with a clear focus on and a strong record in the sports, esports, entertainment and media sectors in particular. Flagship clients comprise Amazon Prime Video, Austin FC and the United Entertainment Group, who seek the team’s services in connection to sponsorship agreements, entertainment marketing initiatives and media and creative agency engagements, among other matters. Practice head Benjamin Mulcahy is described as ‘a leading lawyer handling the biggest sponsorship agreements and advertising projects’. Associate James Stewart has a successful practice covering advertising transactions, influencer marketing, celebrity endorsements, sweepstakes, contests, esports, entertainment and IP matters.

Practice head(s):

Benjamin Mulcahy

Other key lawyers:

Gina Durham; James Stewart

Testimonials

‘DLA Piper’s global platform, wide array of practice areas relevant to numerous industries (including sports), and deep bench of experts make it special. The firm helps clients look around corners and spot issues, and they stay ahead of the curve on emerging technologies and legal developments. They are a go-to firm in the sports industry.’

‘Ben Mulcahy is a leading lawyer in this practice handling the biggest sponsorship agreements and advertising projects. As a recognized expert, he brings respect and credibility to the table. Ben is responsive and efficient and provides spot-on practical advice.’

‘Ben Mulcahy and James Stewart are incredibly skilled at translating best practices in the industry to our team which is newer to the marketing and advertising space.’

‘Ben Mulcahy and James Stewart are real standouts amongst outside counsel in any area. They are incredibly responsive. Ben is an expert at really getting to know his client’s business needs, and then providing practical solutions that mitigate risk while keeping the business needs in first position.’

Key clients

FCA US LLC (Fiat Chrysler Automotive)

Atlanta eSports Ventures LLC

Austin FC

United Entertainment Group

Daniel J. Edelman, Inc. (Edelman)

Twitch Interactive, Inc.

Chipotle Mexican Grill

HBO/Warner Media

Deloitte

Recreational Equipment, Inc. (REI)

Salesforce

Orange Capital Media

Qualcomm

Subway

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP is highly recognized for its regulatory expertise in the fields of advertising, marketing and consumer product safety. Advertising counselling, investigations, and transactions are at the core of the full-service practice, which is particularly specialized in closings of regulatory investigations. The team is entirely based in Washington DC and led by Christie Thompson, who focuses on regulations enforced by the FTC and the CPSC. John Villafranco and Gonzalo Mon are also key names in the team, which recently expanded with the significant additions of former FTC officials Laura Riposo VanDruff and of counsel Jessica Rich, who joined the firm in September 2021, and former Texas Associate Deputy Attorney General Paul Singer, who arrived in November.

Practice head(s):

Christie Thompson

Testimonials

‘With deep regulatory expertise, the Kelley Drye team provides pragmatic and specific compliance advising in the privacy and data security space.’

‘Alysa Hutnik is an excellent attorney who knows consumer protection and privacy law inside and out. She manages to stay on top of the quickly changing privacy landscape, maintain meaningful, proactive contact with clients, and deliver exceptionally quickly on projects. She has built out a talented team and, together, they provide exceptional service.’

 

Key clients

Walt Disney Company

Nestle

IAB Tech Lab

Keurig Dr. Pepper

Unilever United States, Inc., and Conopc

Kohl’s Department Stores

Quincy Bioscience

DISH Network LLC

Dollar Shave Club

LendingTree

Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP has a solid reputation as an advertising advisor. Mainly addressing the needs of brands, including entertainment studios and technology companies, the team provides advice in relation to innovative matters. Recent highlights include assisting the Digital Gaming Corporation with the launch of its international online sportsbook and gambling brand and a marketing law project for the biometric identification verification company CLEAR. Alongside digital, technology, and entertainment,  the firm also benefits from the interaction with an industry-specific healthcare group. Christine Reilly leads the group in Los Angeles. In New York, Jeffrey Edelstein stands out for being ‘always eager to help, find out-of-box solutions and anticipates clients’ needs’. LA's Jesse Brody is described as ‘absolutely brilliant' with an 'encyclopedic knowledge of advertising laws and regulations’. New York-based Po Yi and Eric Bergner were also praised by clients.

Practice head(s):

Christine Reilly

Testimonials

‘The team is thorough, efficient and up-to-date on regulatory compliance.’

‘Jeffrey Edelstein stands out. He is always eager to help, find out-of-box solutions and anticipates client’s needs. It does not get better than that.’

‘This practice is absolutely outstanding in that it has attorneys who are always up to speed on the latest in technological innovation and can advise clients across a wide spectrum of issues/topics. It really is amazing, but the team can help out with just about anything and everything we send their way. The team is easy to work with, always available, and very quick to turn around deliverables.’

‘Jesse Brody is absolutely brilliant. He has an encyclopedic knowledge of advertising laws and regulations, is an unbelievable negotiator, and is always available (even though we are a very small client). He is organized, punctual, and probably the most efficient attorney one can work with. Jesse is also very honest and balanced, and we always feel that we are getting the best advice out there and that we have someone on our side.’

‘Eric Bergner and Po Yi provide expertise, responsiveness, business-practical advice, genuine care/concern for the client’s business, short and long term.’

Key clients

ASICS America Corporation

CLEAR

DICK’S Sporting Goods

Digital Gaming Corporation

Meta (previously known as Facebook, Inc., and Facebook Technologies, LLC)

FanDuel

Kia America, Inc.

Samsung Electronics America, Inc.

Volkswagen/Audi

Warner Bros. Entertainment

Work highlights

  • Represented DICK’S Sporting Goods as its go-to counsel on a variety of advertising and entertainment-related matters, including its first-ever multiyear sponsorship of the Women’s National Basketball Association.
  • Advised Kia America, Inc. on a number of key advertising projects, including negotiating its agreement with the Television Academy as the official automotive sponsor for the 2021 Emmy® Awards.
  • Advised Samsung Electronics America, Inc. on a variety of advertising and commercial/digital transactions matters, including its partnerships with Google and Amazon to fully integrate Google Assistant and Alexa (respectively) into its smart TVs.

Reed Smith LLP

Primarily focused on the needs of brands, Reed Smith LLP covers the full range of transactional, regulatory advertising and marketing matters, while also demonstrating strong litigation skills. ‘Stand-out’ practice head Stacy Marcus splits her time between New York and Century City and is singled out for her ‘unparalleled judgment and deft handling of talent union matters.’ In New York, Michael Isselin is another key contact and praised for his ‘top-notch expertise’ on transactional work in the entertainment field. Douglas Wood has longstanding experience in the field and is widely recognized. Keri Bruce specializes in advising clients on transactional and regulatory advertising and marketing law. In Chicago, the team welcomed a number of new members between July and October 2021, when Monique Bhargava, counsel Idara Udofia and Robert Newman joined from Loeb & Loeb LLP.

Practice head(s):

Stacy Marcus

Other key lawyers:

Michael Isselin; Douglas Wood, John Feldman; Sarah Bruno; Keri Bruce; Monique Bhargava; Idara Udofia; Robert Newman

Testimonials

‘The team provides very directed and practical advice tailored to specific needs in a very timely manner.’

‘They know their clients’ businesses intimately. Next-level in their understanding of issues and risk, up on the very latest developments in the laws impacting businesses, as well as new technologies such as cryptocurrency and NFTs, and whatever might be coming down the road. They will take up battles for clients, and results are not just satisfactory, but at times shockingly successful.’

‘Stacy Marcus is a stand-out lawyer in the world of advertising and marketing. She has a deep knowledge of the talent union issues that we periodically face, and there is literally no other lawyer on the planet with the understanding of the issues, the key organizations and the most effective approach to resolve a problem. Her judgment, intimate knowledge of the issues and law, and deft handling of talent union matters, is unparalleled.’

‘Sarah Bruno is very responsive, approachable, and provides practical advice in timely manner.’

‘Sarah Bruno, in particular, has a terrific law negotiation style. Instead of poking the bear, she takes a cooperative and friendly approach, which from my experience in working with her, garnering superior results more quickly.’

‘This firm is responsive, knowledgeable and professional. Requests are answered on a timely basis and with care. Billing is clear and timely.’

‘Stacy Marcus is exceptional and offers well-thought-out advice and expertise in a wide variety of entertainment practice areas, including the intricacies of working SAG-AFTRA. Michael Isselin is knowledgeable and great to work with on a wide variety of entertainment deals. His expertise on transactional work in the entertainment field is top-notch.’

Crowell & Moring LLP

Crowell & Moring LLP combines in-depth federal and state regulatory expertise with knowledge of product risk, advertising and media ecosystems. Highly active in the litigation space, especially in attorney general and FTC investigations, as well as NAD and NARB cases, the Washington DC-based team led by David Ervin engages in transactional and counselling work. Of particular note is the firm's work on the negotiation of agency, sponsorship and entertainment agreements, endorsement and licensing deals, and advice on loyalty program launches and marketing and promotional campaigns for brands and publishers. Lauren Aronson is noted for her expertise in social media, native advertising, telemarketing, right of privacy and publicity.

Practice head(s):

David Ervin

Other key lawyers:

Lauren Aronson

Key clients

Burger King

J.M. Smucker

Molson Coors

Newell Brands

Otis Worldwide Corporation

TripAdvisor

Walt Disney

Work highlights

  • Represented Newell Brands in a challenge against SharkNinja regarding claims associated with its NeverStick line of cookware.
  • Advising a national restaurant chain regarding its gift card and rewards programs.
  • Represented several consumer products companies in National Advertising Division challenges.

Olshan Frome Wolosky LLP

Olshan Frome Wolosky LLP in New York has a robust team that works collaboratively across clients and matters, concentrating not only on advertising, marketing and promotions law advice, but also on litigation, including before the FTC and NAD. Andrew Lustigman coordinates the team and focuses on sweepstakes, contests, the development of social media programs and marketing campaigns, and regulatory and privacy matters. Tamara Carmichael has a successful practice bordering advertising and promotions, emerging media, technology, privacy and intellectual property law.

Practice head(s):

Andrew Lustigman

Other key lawyers:

Tamara Carmichael; Scott Shaffer

Testimonials

‘Strengths and key capabilities include contracts, patents, and trademarks. The Olshan team, headed by Andrew Lustigman, is efficient, thorough, and highly professional.’

‘Andrew Lustigman is an expert team leader. He assesses the client’s needs and directs an efficient resolution of all relevant legal matters.’

‘Andrew Lustigman and Scott Shaffer are exceptional for legal knowledge, expertise, dedication, perseverance, negotiating skills, incisive analysis and availability.’

‘Unique ability to befriend and become trusted advisors to their clients. When dealing with legal matters, it’s essential you develop a trusting relationship with your legal team. Olshan certainly know how to do that.’

Key clients

Harbor Freight Tools

Golfballs.com, Inc.

PLx Pharma

Direct Wines, Inc.

Eataly

Fooji, Inc.

Housewares America, Inc.

Leading Pharma

Macromark, Inc.

Fareportal, Inc.

Harbor Freight Tools

Golfballs.com, Inc.

PLx Pharma

Direct Wines, Inc.

Eataly

Work highlights

  • Advising PLx Pharma in connection with the advertising of its recently launched Vazalore – the first and only liquid aspirin product.
  • Representing Fareportal for its CheapOair.com and OneTravel.com Online Travel Booking Services and also plays an active role in Fareportal’s compliance activities.
  • Advising the innovative social media marketer Fooji on sweepstakes promotions and related matters relating to “pop up” promotions.

Venable LLP

Venable LLP‘s advertising and marketing team is well known in the market, both for its advisory and litigation expertise. Co-led by regulatory compliance, investigations, and disputes specialist Leonard Gordon in New York and Jeffrey Knowles in Washington DC, the practice derives strength from a longstanding regulatory background in advertising including in the television, internet and social media spaces, while also benefitting from the firm’s privacy department. The team's work covers sweepstakes, gaming, privacy, product safety matters as well as regulatory compliance, advertising claims, and subscription and auto-renewal matters.

Practice head(s):

Leonard Gordon; Jeffrey Knowles

Other key lawyers:

Alex Megaris; Melissa Landau Steinman

Testimonials

‘Very experienced team with easy to understand advice, and effective communication.’

‘Wicked smart – great perspective on the marketplace and market condition. Extremely practical approach and transparent in their strategy. Depth of the team is unique, they spend a lot of time hiring talent so their Jr’s are top-notch and can handle an onslaught of work in a moment’s notice tremendous care for the client, their interests and the outcomes.

‘Alex Megaris is a unicorn smart. Work ethic, strategy. She is very personable and gets to the nitty-gritty quick and can explain in simple terms. Len Gordon is top-notch, easy to work with, crazy smart, connected and understands the technical aspect.’

‘Melissa Landau Steinman seems to know the answer to virtually every question thre advertising and marketing. She is able to balance friendly and approachable with professional and competent in a way that so many lawyers never learn to do. ‘

Key clients

Response Marketing Group

iStream Financial Services

Kairos and Bilt Technologies, Inc.

Altria

ClassPass

Pokémon

Kinship

Support King LLC

Marriott

Officers of Yellowstone Capital

Fashion Nova

Interactive Advertising Bureau (IAB)

Digital Advertising Alliance

Coalition for Better Ads

Data & Marketing Association (f.k.a. Direct Marketing Association)

Univision

Work highlights

  • Representing iStream Financial Services (ISFS) in litigation brought by the FTC, against allegations of deceptive marketing and advertising practices related to its billing practices for an online discount club in which the FTC seeks in excess of $40 million.
  • Representing Response Marketing Group in a joint lawsuit filed by the FTC and the Utah Division of Consumer Protection seeking in excess of $1 billion that challenges the company’s advertising and marketing for real estate education services.
  • Advising Pokémon on sweepstakes and gaming and privacy issues.