Advertising and marketing: transactional and regulatory in United States

Davis+Gilbert LLP

Davis+Gilbert LLP stands out for the size and specialization of its team, which is active across the spectrum of marketing, advertising and promotions work. Its core clients include major brands and advertising agencies, with a specific focus on the retail, hospitality and TMT sectors. Practice co-chair Ronald Urbach is a key figure in this area, routinely acting for clients in high-stakes matters involving the Federal Trade Commission (FTC) and the National Advertising Division (NAD). Fellow practice head Richard Eisert also specializes in regulatory matters, and has developed a strong reputation in the online advertising and e-commerce space. New media is also a strength of Allison Fitzpatrick, who has been advising clients on increasingly relevant areas such as influencer marketing and native advertising. Joseph Lewczak, formerly in-house counsel at EMI, is recommended for matters in the entertainment sector.

Practice head(s):

Ronald Urbach; Richard Eisert

Other key lawyers:

Allison Fitzpatrick; Joseph Lewczak

Key clients

Menchie’s

Bridgestone Americas, Inc.

CBS Interactive

SoundHound Inc.

Coty, Inc.

Little Caesar Enterprises, Inc

Blizzard Entertainment Inc.

Epson America, Inc.

Fiesta Restaurant Group

Claire’s

JM Smuckers

Avocado Mattress

Work highlights

  • Prevailed in defending a leading pharmaceutical company’s efficacy claims that were essential to the success of its products and competitive standing in advertising challenges.
  • Advising Little Caesar’s, one of the top US pizza chains, on all aspects of its advertising, marketing and promotions.
  • Helping Adweek’s independent creative agency continue with its creative production process while navigating Covid-19 related restrictions and guidelines.

Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC fields a sizable team with core expertise in advertising and marketing law. The practice group is headed by Terri Seligman, who is highly experienced in regulatory clearance matters as well as in commercial contract work. With expertise in both entertainment and advertising law, Brian Murphy  is well-placed to advise on celebrity talent agreements, agency-client contracts, sponsorship arrangements. Another figure in this space is Christopher Chase, a junior partner with experience of new media issues. Senior partner Rick Kurnit, a respected name in the fields of advertising, copyright and entertainment. Clients have also singled out the Candice Kersh, who focuses on entertainment and new media, as well as counsel Matthew Vittone and associate Dorian Slater Thomas, who is also experienced in new media. Jeffrey Greenbaum is also recommended in the team. All named lawyers are based in New York.

Practice head(s):

Terri Seligman

Other key lawyers:

Jeffrey Greenbaum; Brian Murphy; Christopher Chase; Rick Kurnit; Candice Kersh; Matthew Vittone; Dorian Slater Thomas

Testimonials

‘This team’s expertise is second to none. I have total confidence in the guidance provided by the team and Candice Kersh in particular.’

‘I have worked with Candice Kersh over the course of many years and have always been impressed by her depth of knowledge in all areas related to advertising and marketing. One of the things I admire about Candice is her determination to help get a workable solution to almost any issue. When I was on the advertising agency side, Candice knew I needed to find ways to satisfy client demands while protecting both their own and the agency’s interests.’

‘The FKKS team brings unrivalled expertise in the industry. They know the ins and outs of the business better than anyone and are on top of all the latest developments and help us think proactively about how we should evolve our approach.’

‘Candice is amazing. She knows everything about the industry and can distill the implications in a simple way that makes discussions with our clients much easier and more productive. She’s also a tremendous partner who makes herself available at all times and works at light speed when required. Candice and her team are hugely valuable to our agency and we can’t speak highly enough about them.’

‘The team at FKKS helps our new startup company navigate many complicated issues all while acknowledging the potential business risks across the stakeholder spectrum. Their team has an impressive breadth of knowledge on topics relating to new media creation, technology transactions, and interactive entertainment, that have enabled us to do business with the largest global names in streaming, broadcast, games, and sports.’

‘Dorian Slater Thomas of FKKS represents our company consistently as we negotiate and draft multi-million dollar agreements with some of the largest media groups and production facility owners in the world. He supports our venture with an incredible mix of skills including expert legal analysis, deep knowledge of media and technology, and the ability to move quickly and strategically to move favorable deals to close.’

‘I have only the highest praise for the firm and partners of FKKS. I have worked with a number of firms (from local to national) over the past five years across a variety of businesses, transactions, and litigation matters. FKKS is by far the best firm with whom I have engaged or interacted.’

‘I have had the good fortune to work with several partners and associates at FKKS and all have been excellent. I would like to highlight the leadership and excellence of several partners with whom I’ve extensively interacted.’

‘They provide best in case support and knowledge on our specialized industry. I feel like they are direct members of my team that know exactly how to address our needs.’

‘Candice Kersh is one of the smartest people I know. Matthew Vittone understands our needs better than I do and can be trusted do manage an assignment with almost zero oversight needed. Tricia Legittino also is able to help us through the more delicate cases with outstanding clarity and ease.’

‘The team is extremely knowledgeable, very responsive and a pleasure with which to work.’

‘Jeff Greenbaum is a superstar. I trust him with any work that I need to send outside. He builds great relationships with clients and knows the area of law inside out. I wouldn’t go to anyone else.’

Key clients

URBN Urban Outfitters

Etsy

Clorox

BIC USA Inc.

MSG Networks

Domino’s Pizza Inc.

Staples

PepsiCo

Wieden & Kennedy

72andSunny

Droga5

The Trevor Project

Work highlights

  • Negotiated several multimillion-dollar master services agreements on behalf of award winning advertising agencies.
  • Advised influencer marketing agency Collectively on its sale to You & Mr. Jones.

Loeb & Loeb LLP

Loeb & Loeb LLP is a leading firm for new media and interactive technology such as e-sports and VR, a reputation that is reflected in its work for tech giants, including Google, Amazon and Facebook. In this regard, the team advises some of the world's best-known tech and media companies on the advertising and IP aspects of their most significant joint ventures and commercial collaborations. New York-based James Taylor chairs the advanced media and technology group and has been very active in advising on mobile marketing initiatives as well as on the placement of products in video games. Also recommended in New York is firm chairman Kenneth Florin, a very well-respected name in the market. Contacts in the Chicago office include Nathan Hole, who serves as deputy chair of the practice group and is highly experienced in advertising promotions through social media platforms; and Brian Heidelberger, who heads up the advertising, marketing and promotions group and recently led work for Ticketmaster on its response to concert cancelations as a result of Covid-19.

Practice head(s):

James Taylor; Nathan Hole; Brian Heidelberger

Other key lawyers:

Kenneth Florin; Melanie Howard; Seth Rose

Testimonials

‘The team at Loeb works quickly and does a great job balancing highlighting material risks, but also coming with reasonable solutions to issues. They have a great sense on the direction the industry is headed and they provide practical advice. The team at Loeb has great experience and they can run with matters from start to finish. They don’t require a lot of in house lawyer time to get projects completed.’

‘They are stellar attorneys with great experience.’

‘Brian Heidelberger is super responsive and works lighting fast. He is practical and has deep expertise that enables him to solve problems very rapidly. Brian has great judgment on which risks are actually material.’

‘James Taylor he has incredible contacts and a really strong grasp on where the industry is headed. He is great for strategic connects on the direction you should be headed on a project.’

Key clients

Google

Facebook

Amazon

Visa

Netflix

Citibank

Ticketmaster

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

Baker & Hostetler LLP

Baker & Hostetler LLP stands out for its expertise in digital media and data privacy, with strengths in issues relating to influencer marketing, native advertising and e-commerce. Areas of particular focus for the team include food and beverage, pharmaceuticals and technology. New York-based practice co-head Linda Goldstein is highly experienced in regulatory counseling and compliance training, while joint practice head Amy Ralph Mudge in Washington DC stands out for her representation of clients before the FTC, NAD and Children's Advertising Review Unit. Los Angeles-based Alan Friel is recommended for consumer privacy issues.

Practice head(s):

Linda Goldstein; Amy Ralph Mudge

Other key lawyers:

Alan Friel

Key clients

AT&T Inc.

CBS Interactive

Chick-fil-A, Inc.

Christian Dior

Danone North America

DuckDuckGo

eBay

Galderma

GE Lighting

Henkel Corp.

Intuit

Kawasaki

Kraft Heinz Company

Luxottica

Match.com

Meredith Corp.

Monsanto

Sargento Foods

Sears Holding Corp./TransformCo

Sony Pictures Entertainment, Inc., Sony Corporation, Sony Music and affiliated companies

The Scotts Company

StubHub

Trusted Media Brands (formerly Readers Digest)

Work highlights

  • Worked with one of the major cable networks on developing guidelines for political advertising.
  • Advised Sony on a range of digital advertising issues, including impact assessments of data-driven advertising campaigns
  • Advised on ASICS adapting its advertising strategy due to the Covid-19 pandemic.

DLA Piper LLP (US)

DLA Piper LLP (US) has a longstanding reputation in the sports and entertainment sectors and is now establishing itself as a leading player for e-sports and live streaming. The team regularly acts for big names in this space such as Twitch Interactive, Allied Esports International and Atlanta eSports Ventures, advising on joint ventures, licensing, sponsorship and promotional agreements. The team also acts for a roster of traditional broadcasters, over-the-top broadcasters, advertisers and production companies. A contact in this space is Los Angeles-based Benjamin Mulcahy, who chairs the practice nationally and has broader expertise across IP and technology matters. Associate James Stewart is recommended for matters relating to sweepstakes, contests and other promotions. Gina Reif Ilardi took an in-house position at Vindex.

Practice head(s):

Benjamin Mulcahy

Other key lawyers:

James Stewart

Testimonials

‘Ben Mulcahy is our go-to on all things sponsorship and advertising. He provides excellent counsel, helps our organization see around corners, and he finds cost-effective paths to meet our company’

‘This team excels at representing clients with unique perspectives and interests. They seem equipped to support clients no matter where they sit on the spectrums of sophistication and experience regarding media deals. Their kindness and availability also stand out, with the team willing to hop on a call on short notice and work on short-fuse deals without relenting on their attention to detail and quality.’

‘This practice group stands out because of the breadth and depth of the experience the team has. They have worked in the motion picture industry as well as all elements of the advertising industry for some of the largest companies.’

‘Ben Mulcahy is a true standout in this space. His responsiveness with respect to client needs is second to none and his ability to get a practical solution to company wide problems makes him better than any other lawyer in this space. He makes you feel like you are his only client — he is able to understand all the nuances of our business and provide us with world class solutions quickly and efficiently.’

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

Warner Media

Hilton Hotels

Recreational Equipment, Inc. (REI)

Unilever

Orange Capital Media

Target Corporation

The Pad Project, Inc.

Toronto Dominion Bank (TD Bank)

Prize Logic

Stand Up to Cancer

Seneca Women Podcast Network

Allied Esports International, Inc.

Work highlights

  • Advised Fiat Chrysler on featuring its product in the Michael Bay movie Underground 6.
  • Advised Austin FC on its jersey sponsorship agreement with Netspend.
  • Advised United Entertainment Group and its client, JCPenney in connection with a Joint Promotional and Merchandising deal with Pixar in connection with the  release of Frozen II.

Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP has an impressive roster of household-name clients including Samsung, Warner Bros and The Oprah Winfrey Network, which it advises on both traditional and new media issues. In the traditional media space, standout work included advising Kia on its Super Bowl commercial, while in new media, the team is adept in matters relating to e-sports and gaming, social media and virtual reality technology. Christine Reilly chairs the group in Los Angeles and is noted in particular for her experience of targeted marketing initiatives. Contacts in New York include Jeffrey Edelstein and Po Yi, both of whom were highlighted by clients for their tireless work. Los Angeles-based counsel Jesse Brody is recommended for sponsorship and media buying agency agreements.

Practice head(s):

Christine Reilly

Other key lawyers:

Jeffrey Edelstein; Po Yi; Jesse Brody

Testimonials

‘Manatt’s team is unique because of the depth and breadth of their team. One of their many strength’s is their responsiveness to deadlines and their willingness to collaborate, given the nuances of our business. ’

‘Jeffrey Edelstein stands out for his willingness to do whatever it takes–nights, weekends–whatever it takes. It is refreshing to have someone care so much about our business and seek out creative solutions, if needed.’

‘Deep expertise in media deals including ability to handle both high level MOUs and detailed work of long form definitive agreements – without overcomplicating in the first case and with ability to manage complexity in the second.’

‘Po Yi is willing to work as hard as it takes to get things done. Strong negotiator without alienating other side.’

Key clients

FanDuel

Kia Motors America, Inc.

Dick’s Sporting Goods

ASICS America Corporation

Samsung Electronics America, Inc.

Warner Bros. Entertainment

OWN (Oprah Winfrey Network)

Work highlights

  • Advised FanDuel on its media partnerships with Turner Sports.
  • Advised one of New York State’s largest healthcare providers on negotiations for its sponsorships of MLB and NHL teams.
  • Advised Kia on negotiating a commercial agreement to feature National Football League player Josh Jacobs in a Super Bowl® spot.

Reed Smith LLP

Reed Smith LLP is skilled in both regulatory and transactional matters, with a particularly string reputation in the pharmaceutical, food and beverage and retail sectors. Dividing her time between New York and Century City, practice head Stacy Marcus focuses on matters involving the overlap of entertainment and advertising law, such celebrity endorsements, influencer and talent agreements, and SAG-AFTRA matters. Another name to note is Douglas Wood in New York, who, in addition to his work at the firm, serves as GC to several advertising industry associations. In Washington DC, John Feldman is recommended for regulatory counseling, as well as for privacy and IP matters.

Practice head(s):

Stacy Marcus 

Other key lawyers:

Douglas Wood; John Feldman

Testimonials

‘Stacy Marcus is a leading expert in this area. After a recent call with her, two of my colleagues e-mailed to say that she was “exactly what we needed” on our matter.’

‘Stacy has industry knowledge in this area that few, if any, other attorneys have. She’s driven, practical, and smart but also fun to work with – relationships mean more than ever these days so I appreciate the personal touches. ’

Crowell & Moring LLP

Crowell & Moring LLP is perhaps best known in this space for its civil and commercial litigation work, though the team also represents clients involved in FTC investigations and other regulatory challenges. Washington DC based David Ervin leads the team and alongside regulatory work has advised on agreements media and entertainment sponsorships and content clearance. Holly Melton and Christopher Cole are mostly known as litigators, but also regularly provide general counseling advice aimed at preventing litigation.

Practice head(s):

David Ervin

Other key lawyers:

Holly Melton; Christopher Cole

Info Law Group

Advertising and marketing law is a cornerstone strength of Info Law Group, which has particular expertise in matters relating to promotions, contracts, digital marketing and membership programs. In addition to advertising law, Chicago-based practice head Jamie Rubin is also highly skilled in complementary areas such as privacy and technology. Other key figure include Justine Gottshall, a name to note for data privacy issues and matters in the media and entertainment sector; and Heather Nolan, who has niche expertise in digital media advertising, including digital videos, viral campaigns and mobile apps.

Practice head(s):

Jamie Rubin

Other key lawyers:

Justine Gottshall; Heather Nolan

Key clients

Facebook

Hyatt Corporation

Metro-Goldwyn-Mayer (MGM)

The Marketing Store

Warner Bros.

Viacom (CBS)

Redbox

iPic Theaters

Ascena-Tween Brands

TD Ameritrade

Work highlights

  • Advised Hyatt Hotels on various marketing, entertainment, advertising and privacy matters.
  • Advising MGM on the marketing and distribution of its films and television programming.
  • Assisted The Marketing Store Worldwide with the launch of games and promotions for its clients, including McDonald’s and T-Mobile.

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP is a well-known name for regulatory counseling work, with major brand-owners including Nike, Nestle and Unilever among its client roster. Christie Thompson oversees the team in Washington DC and has handled matters involving the Federal Trade Commission (FTC) and the Consumer Product Safety Commission (CPSC), as well as cases brought by various state attorneys general. Also recommended are John Villafranco, who also focuses on regulatory counseling concerning advertising law and consumer protection, and Gonzalo Mon, who advises on commercial agreements for clients including Bacardi.

Practice head(s):

Christie Thompson

Other key lawyers:

John Villafranco; Gonzalo Mon

Key clients

Clorox

Columbia Sportswear

DISH Network LLC

Dollar Shave Club

Keurig Dr. Pepper

Nestle

Nike, Inc

Quincy Bioscience

Unilever

Ravinia Foods

Olshan Frome Wolosky LLP

Based in New York, the team at Olshan Frome Wolosky LLP is highly skilled in sweepstakes and contests law, as well as promotional marketing campaigns, promotional agreements and general compliance. Andrew Lustigman leads the practice and advises marketers, advertisers and agencies on the aforementioned areas. Lustigman is supported by Tamara Carmichael, an expert in digital media, privacy and IP law. Areas of focus for the group include pharmaceuticals, media and home products.

Practice head(s):

Andrew Lustigman

Other key lawyers:

Tamara Carmichael

Testimonials

They do a good job for us in reviewing advertising and, when necessary, litigating. We are happy with their responsiveness and transparency. We find their knowledge of our area of advertising and marketing to be superb. That is certainly understandable based on their decades of experience.

‘We have worked primarily with Andrew Lustigman, Sheldon Lustigman and to a lesser extent, Scott Shaffer over a 40 year period! To me, that’s pretty amazing. They do a good job, are fair in their billing and have a good record of success.’

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.

Work highlights

  • Advised Fareportal on its CheapOair.com and OneTravel.com online travel booking services.
  • Advised PLx Pharma on the advertising of its soon-to-be-launched liquid aspirin product.
  • Advised Fooji on sweepstakes promotions and related matters concerning pop-up promotions.