BakerHostetler is particularly well regarded for its expertise in matters at the intersection of advertising, privacy, and protection of digital assets, due to the team sitting within the firm’s wider digital assets and data management group. The team regularly handle matters relating to cryptocurrency, NFTs, the metaverse, and AI, as well as represent clients in FTC investigations and self-regulatory challenges. New York-based Linda A. Goldstein, who focuses on complex transactions and regulatory issues, including those involving emerging products and technologies, leverages a wealth of experience, as does Washington DC-based practice head Amy Mudge, who specializes in ESG marketing, children’s advertising, influencer marketing and sponsored content-related models. In Washington DC, Randal Shaheen and Daniel Kaufman are noted for their expertise on FTC-related matters, while associate John Ferry is experienced in assisting clients with sweepstakes and promotions, subscription marketing, loyalty programs and social media campaigns. Also of note are Chicago-based Aaron Goodman and Dallas-based Craig Carpenter, both of whom have considerable experience handling transactional and regulatory issues across the advertising spectrum.
Advertising and marketing: transactional and regulatory in United States
Other key lawyers:
Randal Shaheen; Daniel Kaufman; John Ferry; Aaron Goodman; Craig Carpenter; Linda A. Goldstein
Abercrombie & Fitch
American Beverage Association
American Eagle Outfitters, Inc.
Designs for Health
Direct Response Consulting Services
The Kroger Company
Red Lobster Management LLC
- Advising Kellogg’s on all day-to-day as well as strategic and emerging advertising and marketing issues, including social media and influencer marketing, sweepstakes, charitable promotions, claims substantiation, contracts for sponsorship agreements, children’s marketing, ESG marketing, e-commerce and other matters.
- Advising DIRECTV on a number of significant projects critical to it’s business and continuing efforts to rebrand the company since its spin-off from AT&T.
- Represented Danone in all aspects of their advertising, marketing, and promotions counseling.
The New York-based practice at Davis+Gilbert LLP has a longstanding, established reputation in the market, with the team advising an impressive client base that spans across a wide array of industries. It is particularly active in the emerging technologies and media space, which covers social media, blockchain and cryptocurrencies, metaverse, and AI-related advertising and marketing matters. Beyond that, the firm also has strong capabilities in data and privacy regulatory matters. The group is co-chaired by Ronald Urbach, who has a strong reputation in the market and extensive experience advising agencies, brands, media companies, and consumer-driven businesses on a full range of matters, and Richard Eisert, who has particular expertise handling matters across the technology, advertising and marketing, e-commerce, intellectual property and privacy sectors. Allison Fitzpatrick is noted for her experience in the digital media space, covering social media, influencer marketing and native advertising. Aaron Taylor, associate Louis DiLorenzo, and Paavana Kumar are key names to note in relation to advertising campaign matters, while Samantha Rothaus’s intellectual property experience lends to her expertise in negotiating talent and production agreements. Joseph Lewczak has recently retired from practice.
Ronald Urbach; Richard Eisert
Other key lawyers:
Allison Fitzpatrick; Aaron Taylor; Louis DiLorenzo; Paavana Kumar; Samantha Rothaus
‘Exceptional command of subject matter relevant to clients’ businesses – namely data and privacy regulations and compliance related issues.’
Richard Eisert is always at the top of his game. He understands our business, has an encyclopaedic recall of past conversations and our historical business issues, and manages to find the ideal balance between business pragmatism and risk insulation.’
‘Ronald Urbach brings tremendous legal, regulatory and pragmatic business experience to any situation involving advertising and marketing related matters. He is a go-to at the firm.’
‘The firm overall has great depth, so there is ample expertise depending on the nature of advice at issue.’
Quantasy + Associates
Fiesta Restaurant Group
Little Caesar Enterprises, Inc.
Epson America, Inc.
- Advised an advertising agency client on all work related to the development and establishment of their app, and all related advertising, marketing and promotion.
- 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 an advertising agency and its client on a ground-breaking, hybrid campaign that involved an NFT artwork auction paired with a physical prize.
Loeb & Loeb LLP is well-regarded in the advertising and marketing sphere, with the team acting for a number of household name clients on a wide spectrum of matters. The advanced media and technology group is chaired by New York-based James Taylor, who has extensive experience advising on a full spectrum of advertising, marketing, and promotions-related transactions, including in adtech and privacy and data protection matters. Chicago-based Amir Azaran and Los Angeles-based Melanie Howard sit as co-deputy chairs of the group, with Howard additionally leading the intellectual property protection and luxury brands departments at the firm, with her practice focusing on the fashion, luxury and retail sectors. Rounding off the leadership team, Brian Heidelberger, also based in Chicago, chairs the advertising, marketing, and promotions group, and has significant experience advising on advertising and promotions matters, including on sweepstakes and contests. Other notable practitioners include Seth Rose, who has substantial experience handling brand and marketing campaigns, and Nerissa Coyle McGinn, who specializes in advertising matters relating to media, technology, privacy, and IP law; both of whom are based in Chicago. In New York, Kenneth Florin is noted for his expertise in new technologies, digital media, and emerging content production-related matters.
James Taylor; Melanie Howard; Amir Azaran; Brian Heidelberger
Other key lawyers:
Seth Rose; Nerissa Coyle McGinn; Kenneth Florin
6666 Brand, LLC
Saks Fifth Avenue
DLA Piper LLP (US) has a solid reputation in the advertising and marketing space, with the full-service team acting across a wide array of industries, though most predominantly in the sports, esports, entertainment, media, and promotions industries. Key areas of expertise include advising on global sports sponsorship agreements, celebrity, influencer and athlete endorsement deals, sweepstakes and contests, structuring and negotiation of agency and media agreements, and social media campaigns. It also has capabilities in assisting clients with metaverse, NFTs and other new media-related advertising and marketing matters. Los Angeles-based Benjamin Mulcahy chairs the national advertising team at the firm, and has extensive experience handling major sports and entertainment marketing matters, as well as digital media deals, for high-profile brands. In Washington DC, associate James Stewart focuses on celebrity and athlete endorsement agreements on behalf of brands for advertising campaigns.
Other key lawyers:
‘DLA Piper’s sports sector practice understands domestic and international sports issues. The firm’s interdisciplinary expertise has come in handy when it has represented our club in cutting-edge sponsorship deals.’
‘Ben Mulcahy is exceptional. He understands the sports industry very well and is a trusted problem solver and savvy negotiator who works efficiently in resolving tough issues with opposing counsel.’
‘Subject matter experts. They have a reasonable, rational approach to the relationship between themselves and their clients.’
Fiat Chrysler Automotive US LLC
United Entertainment Group
Daniel J. Edelman, Inc.
Twitch Interactive, Inc.
Chipotle Mexican Grill
Warner Bros. Discovery
Recreational Equipment, Inc.
Orange Capital Media
Dr. Seuss Enterprises, L.P.
Molson Coors Brewing Company
RealTime Media, LLC
Los Angeles Chargers
Los Angeles Football Club
Blue Diamond Growers
- Representing Paycor, Inc. in its historic Naming Rights and Sponsorship Agreement with the defending AFC champion Cincinnati Bengals NFL franchise to rename its home football stadium from Paul Brown Stadium to Paycor Stadium in a deal reportedly estimated to be worth more than $160 million.
Frankfurt Kurnit Klein & Selz PC’s advertising, marketing and public relations group has a wide transactional offering that covers a full range of matters. Key areas of recent growth include advising on adtech deals, blockchain and NFTs, subscription programs, and social media campaigns. Terri Seligman and Hannah Taylor co-chair the practice- Seligman has extensive experience advising on claims and substantiation, native advertising, social media, and mobile marketing matters, as well as on IP and rights of publicity and privacy-related mandates, while Taylor has particular expertise in structuring and negotiating digital and media technology-related agreements, as well on compliance and self-regulatory advertising matters. Other key practitioners include managing partner Jeffrey Greenbaum, who has a broad advertising practice that covers advertising regulation, rights clearance, social media, promotions, SAG-AFTRA issues and network and global clearance, and Brian Murphy, who has substantial experience counseling advertising agencies, advertisers and entertainment companies on advertising and entertainment projects. All mentioned lawyers are based in New York.
Terri Seligman; Hannah Taylor
Other key lawyers:
Jeffrey Greenbaum; Brian Murphy; Candice Kersh; Christopher Chase; Matthew Vittone
‘FKKS continues to be a go-to law firm for all of our agency master services agreements. The wealth of knowledge, industry insight and business acumen of the attorneys we work with is of the highest bar. Their strengths in the area of advertising and data privacy are why we lean on them. They are more than just attorneys, they are advisors and look out for the client’s best interests at every turn.’
‘Hannah Taylor is exceptional at distilling complex legal and technical concepts into language that resonates with lawyers and non-lawyers alike. She has been a godsend on numerous Web3 activations.’
‘Jeffrey Greenbaum is a superhero. He’s always available, knows his stuff, and is just a great guy.’
‘Terri Seligman is very knowledgeable, and promptly and thoroughly addresses all matters.’
‘Christopher Chase gives consistently practical and actionable advice on IP and clearance matters. Matthew Vittone is a master in contract negotiation.’
‘Candice Kersh always makes herself readily available and we appreciate her ability to not only know the nuances of advertising law, but to provide valuable guidance on how we should approach certain business issues.’
‘They have a deep bench of knowledgeable and qualified attorneys and paralegals that always deliver top quality results.’
‘FKKS is one of few specialists in the marketing and advertising legal space and is always one step ahead of any problems that could come the way of an ad agency. With that, they act as if they are internal resource with collaboration that is seamless and priceless.’
URBN Urban Outfitters
Domino’s Pizza Inc.
Wieden & Kennedy
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP is well known in the advertising space, with the team advising several household-name brands, including major entertainment studios and technology companies, on a full spectrum of matters. Key areas of expertise include structuring multi-platform marketing campaigns, negotiating advertising agreements, sponsorships and media deals, and constructing product claims. Beyond its digital, technology, and entertainment advertising expertise, it also has strong capabilities in the healthcare industry. Practice head Christine Reilly is based in Los Angeles, as is Jesse Brody, who specializes in digital marketing and data privacy-related matters, as well as assisting clients in their traditional and digital advertising campaigns. In New York, Jeffrey Edelstein has a broad advertising practice, which includes handling advertising and entertainment contracts alongside advising on FTC and self-regulatory issues, while Po Yi specializes in commercial transactions which sit at the intersection of entertainment, media and advertising.
Other key lawyers:
Jesse Brody; Jeffrey Edelstein; Po Yi; Eric Bergner
‘Jesse Brody is nothing short of spectacular. Jesse’s work ethic is simply unmatched, as are his efficiency, responsiveness, and breadth of knowledge.’
‘This practice is very adaptable and interested in learning about the client’s business in order to provide a tailored approach to their support model.’
‘The team is highly responsive and professional. We have always been able to source advice in a timely manner, even with the tightest deadlines. Clients always feel valued, and are provided with the confidence to move forward even in cases of first impression.’
Kia America, Inc.
Digital Gaming Corporation
Warner Bros. Entertainment
Volkswagen Group of America
DICK’S Sporting Goods, Inc.
LVMH Moet Hennessy Louis Vuitton Inc.
- Advising Kia America, Inc., the U.S. sales, marketing, and distribution arm of South Korea-based Kia Motors, on a number of key advertising projects.
- Representing DICK’S Sporting Goods on all key entertainment and marketing projects including: influencer and social media campaigns, talent agreements, guild issues, and NIL issues related to the company’s interaction with student-athletes and sponsorships.
- Representing Warner Bros. Entertainmen in a variety of advertising transactional and regulatory projects.
Reed Smith LLP
Reed Smith LLP handles a full spectrum of transactional and regulatory advertising and marketing matters, with a particular focus on the needs of brands. Stacy Marcus heads the team, splitting her time between New York and Los Angeles, with particular expertise handling celebrity endorsements and talent agreements. In New York, Keri Bruce is noted for her experience across transactional and regulatory advertising and marketing law, whilst Michael Isselin is a key contact for emerging media-related matters. John Feldman, based in Washington DC, has a broad advertising and promotion marketing practice. In Chicago, other notable practitioners include Jason Gordon, Monique Bhargava, Idara Udofia and Robert Newman.
Other key lawyers:
Keri Bruce; Michael Isselin; John Feldman; Jason Gordon; Monique Bhargava; Idara Udofia; Robert Newman
‘The firm has a deep and experienced bench in the field of advertising and entertainment law and the ever-expanding adjacencies. In particular, the advice and advocacy received in connection with talent union requirements and disputes is unparalleled, literally unmatched by any other firm.’
‘Stacy Marcus is a standout in her field; she is steeped in the issues every day and able to consistently provide outstanding outcomes. Stacy and her team have an approach for every problem.’
‘They are able to provide integrated legal advice. They are also excellent collaborators who make an effort to understand your business and provide a quick turnaround.’
Crowell & Moring LLP has broad regulatory and product risk expertise in the advertising and media space, which lends to its strong capabilities in advising clients in their advertising and marketing campaigns. It acts for client across a wide spectrum of industries, including automotive, hospitality, retail, food and beverage, software, and financial services. The team is co-led by Washington DC-based David Ervin and New York-based Holly Melton- Ervin has substantial experience acting for consumer brands in relation to their advertising activities, as well as with sponsorship and entertainment agreements, licencing, sports marketing, promotion agreements, and loyalty program-related matters, while Melton focuses on investigations, including those initiated by the FTC, and has particular expertise in relation to ESG-related marketing and advertising matters. Lauren Aronson recently departed the firm.
David Ervin; Holly Melton
Popeyes Louisiana Kitchen, Inc.
Marriott International, Inc.
Newell Rubbermaid Inc.
- Advising Popeyes Louisiana Kitchen, Inc. on the Popeyes gift card program and rewards program and advertising compliance review.
- Advising Marriott International, Inc. in connection with drafting and negotiating various advertising and media-related agreements.
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP advises clients on a full spectrum of advertising matters, from drafting and negotiating advertising agency, celebrity endorser, sports team, and app developer agreements, to regulatory investigations, with a particular specialism in negotiating closings of regulatory investigations. Christie Thompson, who has substantial experience advising on consumer protection matters and regulatory compliance cases, including those enforced by the FTC and the CPSC, co-heads the team alongside Laura VanDruff, who specializes in consumer privacy and date security, as well as FTC investigations. Gonzalo Mon specializes in transactional advertising matters, including advising on brand promotion. Jessica Rich and Paul Singer are noted for their expertise in privacy and consumer protection-related matters, while John Villafranco has extensive experience in the advertising and marketing space. Ioana Gorecki, who was previously at the FTC, recently joined the firm. All lawyers mentioned are based in Washington DC.
Christie Thompson; Laura VanDruff
Other key lawyers:
Gonzalo Mon; Jessica Rich; Paul Singer; John Villafranco; Ioana Gorecki; Donnelly McDowell
‘Super practical, responsive, flexible and have innovative billing structures.’
‘They are good at problem-solving and are very collaborative.’
‘Christie Thompson and Donnelly McDowell stand out.’
Dollar Shave Club
Simply Good Foods
Unilever United States, Inc.
- Assisted Unilever with regulatory and transactional matters, in addition to successfully defending Unilever against competitor challenges and government investigations.
The New York-based team at Olshan Frome Wolosky LLP has a broad transactional and regulatory practice. Key areas of expertise include sweepstakes and contest law, regulatory investigations, and e-commerce and social media-related matters. Practice head Andrew Lustigman has significant experience counseling both domestic and international clients on sweepstakes, contests, and the development of social media programs and marketing campaigns, as well as on regulatory, intellectual property and privacy matters. Scott Shaffer is also noted for his experience in compliance-related advertising and marketing matters, while associate Morgan Spina focuses on structuring of sweepstakes, clearance of advertising materials, advertising agreements, and regulatory investigations. Tamara Carmichael recently departed from the firm.
Other key lawyers:
Scott Shaffer; Morgan Spina
Harbor Freight Tools, USA Inc.
PLx Pharma Inc.
North American Nutraceuticals, LLC
Milk Makeup, LLC
Housewares America, Inc.
Leading Pharma, LLC
North American Media, Inc.
- Advising PLx Pharma Inc. in connection with the advertising of its recently launched Vazalore.
- Advising Fooji, Inc. on sweepstakes, contests, and related matters pertaining to ‘pop-up’ promotions on a weekly basis with an advertising spend in excess of $20 million per annum.
- Advising popular cosmetic brand Milk Makeup, LLC in connection with its advertising, regulatory, and intellectual property matters regarding multimillion-dollar advertising campaigns.
Venable LLP advises both leading brands across a variety of industries and advertising companies on a range of advertising and marketing matters. It is particularly well regarded for its regulatory expertise in this space, covering television, internet, and social media, as well as packaging and labeling. It also has a growing practice in relation to novel areas, including web3 and the metaverse. Leonard Gordon chairs the group from New York and has substantial experience handling regulatory compliance and investigations in this sector. Melissa Steinman has a particular focus on promotions and online gaming-related matters, while Ellen Berge specializes in the retail, digital advertising, and social media spaces. Eric Berman and Daniel Blynn are also noted for their FTC investigations expertise. Previous co-chair Jeffrey Knowles has recently retired from practice. All lawyers mentioned are based in Washington DC, unless otherwise stated.
Other key lawyers:
Melissa Steinman; Ellen Berge; Eric Berman; Daniel Blynn; Katherine Morrone
‘What makes this practice unique is that the Venable team are FTC experts, with extensive knowledge and experience of complex and challenging FTC cases.’
‘Eric Berman and Daniel Blynn are clearly experienced and knowledgeable, and can be relied on in a difficult and challenging case.’
‘The team at Venable stands out as having experienced and knowledgeable partners and associates, with significant experience dealing with the FTC at all levels including the commissioner level.’
‘Eric Berman stands out due to his extensive knowledge and market leading insights based on years of experience in this area.’
‘Eric Berman was a rock, he never wavered in his belief that he would achieve the best possible outcome for the client.’
‘Eric Berman and Daniel Blynn have extensive FTC experience and detailed knowledge, and so they can advise clients with authority and a detailed understanding that gives confidence that they will facilitate the best-case outcome that is available.’
‘Daniel Blynn talks with authority and compassion. He is able to talk through the intricacies of the case and what all the options would be for the client.’
‘Katherine Morrone who supported both Partners throughout a difficult and challenging case giving valuable insights and opinions when it really mattered. I always really valued Katie’s insights and found her to be considered and right at important moments.’
Response Marketing Group
iStream Financial Services
Gavin D. Southwell
Support King LLC
Data & Marketing Association
Kairos and Bilt Technologies, Inc.
- Representing Response Marketing Group, a national provider of educational training on how to invest in real estate and the stock market, against a joint lawsuit filed by the FTC and the Utah attorney general challenging the company’s advertising and marketing.
- Representing Active Network, LLC in litigation brought by the CFPB challenging the methods that Active uses to enroll consumers in its membership program.
- Advising ClassPass on advertising and regulatory compliance issues, including throughout its October 2021 merger with Mindbody, the leading experience technology platform for the fitness, wellness, and beauty industries.