Advertising and marketing: transactional and regulatory in United States
The Advertising, Marketing and Promotions practice of New York firm Davis & Gilbert LLP provides a wide range of regulatory advice in the advertising space, covering a wide range of sectors for corporate clients including retail, technology, and media. The firm also maintains a substantial agency practice, working with such clients on compliance with existing regulation, image rights and other IP issues, as well as more specific, one off advisory or transactional work regarding individual campaigns. New media remains at the forefront of the firm's practice, with Allison Fitzpatrick serving as a key contact with significant experience in a broad range of social media advertising issues as well as influencer campaigns. Joint practice heads Ronald Urbach and Richard S Eisert are notable figures within the practice along with the highly experienced Joseph Lewczak . Eisert specialises in e-commerce and online advertising, including native and behavioral advertising. Aaron Taylor is also recommended.
‘The attorneys in D&G’s advertising group have unmatched experience in marketing and advertising issues and always bring practical considerations to bear in advising. They are truly a family to their clients and aren’t afraid to be in the trenches alongside us.‘
‘Allison Fitzpatrick’s advice is always thorough and on point in terms of the legal considerations, as well as practical in recognizing that business considerations may warrant taking more risk or creative approaches to problems.’
‘Allison Fitzpatrick is exceptional in her ability to communicate advice and issues clearly and efficiently as well as quickly when urgent needs arise.‘
Goodby Silverstein & Partners
Little Caesar Enterprises, Inc
Blizzard Entertainment Inc.
Epson America, Inc.
Something Different, LLC
Trans World Entertainment
Fiesta Restaurant Group
- Advising Fiesta Restaurant Group in relation to promotions, product offerings, and marketing-related data issues.
Frankfurt Kurnit Klein & Selz PC maintains a strong following among both the agency and corporate sectors of the market, providing a full service across the spectrum of advertising law. Notably, the firm has solid experience in adtech, with lawyers such as Brian Murphy advising on matters involving social media, behavioral advertising, customer matching, and machine learning, often working in conjunction with the firm's data and privacy team. The broader advertising practice is led by Terri Seligman, who is involved on the regulatory and advisory side of the practice, as well as the drafting and negotiating of contracts. Managing partner Jeffrey Greenbaum remains a key figure in the team as another key senior member, while Christopher Chase is another notable name, with a presence throughout the broad scope of the firm's work.
Other key lawyers:
Jeffrey Greenbaum; Christopher Chase; Brian Murphy; Rick Kurnit; Hannah Taylor; Candice Kersh
‘The team is always quick to respond and knows exactly what I need from an agency standpoint. They are my go-to outside lawyers.’
‘This firm consistently delivers with lawyers who are experts, but also savvy, tuned in, commercially-minded and real people. They naturally tailor their advice and work to the clients’ needs in varying situations. They’ve become real business partners with us over the years.‘
‘Christopher Chase gives straight to the point advice and drafts with great clarity, even in very complex situations.‘
‘Brian Murphy is not only top class, but really enjoys what he does and cares for his clients. It is always a pleasure to work and discuss with Brian.‘
‘Christopher Chase is highly knowledgeable in his field, able to distill complex legal concepts into understandable terms, and highly responsive.‘
‘Jeff Greenbaum is a superstar. I don’t know how he can get everything done so quickly and expertly, but he does.‘
URBN Urban Outfitters
BIC USA Inc.
Domino’s Pizza Inc.
Crispin Porter + Bogusky
Wieden & Kennedy
- Assisting several advertisers with clearance and legal review for their Super Bowl LIII ads.
Loeb & Loeb LLP houses, in addition to its strong advertising offering, a strong entertainment team with significant media clients on its books. As a result the practice is particularly notable for its work on matters that sit at the intersection of these two areas, with recent instructions including celebrity endorsements, sponsorships, and naming rights, often working with New York-based Advanced Media and Technology practice head James Taylor, or with members of the firm's sports-focused team. The firm is also highly active in a wide range of clearance and regulatory work, both for corporates and large agencies, as well as advising clients on social media and digital marketing issues. Brian Heidelberger chairs the Advertising, Marketing and Promotions from Chicago and is active in all areas of advertising law, while New York-based managing partner Kenneth Florin is particularly adept in the field of digital marketing.
‘Brian Heidelberger has a deep knowledge of the ad industry, and provides practical advice that is helpful to running an in-house advertising compliance program. ‘
‘Loeb and Loeb are experts in advertising law, especially the intersection of advertising and entertainment‘
Publicis Groupe (SapientRazorfish, Digitas, Starcom, Saatchi & Saatchi, Spark Foundry, ZenithOptimedia, Expicient) and Publicis Healthcare Communications Group
Toyota Motor North America
- Represented a major luxury consumer products brand in celebrity endorsement agreements with LeBron James, Ariana Grande, Emma Roberts and Amanda Seyfried.
- Represents 7-Eleven Inc. in connection with various content-related marketing and entertainment matters including product integration and placements, location releases for various commercial and entertainment productions, and social media and advertising review
Baker & Hostetler LLP has continued to cement its position in the advertising space, reporting significant new instructions from clients in the food and beverage, consumer products, sports, and media sectors. The practice is led out of the firm's New York and Washington DC offices, by co-chairs Linda A. Goldstein and Amy Ralph Mudge respectively, both of whom act on a wide range of regulatory and compliance matters. The firm also has a west coast presence in the form of Los Angeles-based Alan Friel. Friel focuses his practice on adtech and related privacy law, particularly the California Consumer Privacy Act. The team often advises on emerging areas of the market, with solid track records in social media advertising, subscription issues, and influencer marketing.
Atlantic Coast Media Group
Danone North America
Five Below, Inc.
Food Marketing Institute
Integral Ad Science, Inc. (IAS)
Kraft Heinz Company
My College Options
Performance-Driven Marketing Institute
Sears Holding Corp./TransformCo
Sony Pictures Entertainment, Inc., Sony Corporation, and affiliated companies
The Scotts Company
Trusted Media Brands (formerly Readers Digest)
- Serve as sole source advertising, marketing, product labelling and privacy counsel for Sears.
- Led a negotiation team for Intergal Ad Science in its multi-party agreements with major digital advertisers.
- Serve as advertising counsel to a major pharmaceutical company on a wide range of products and issues.
- Advising podcast publisher Wondery on various advertising and consumer protection issues.
- Advising Sony Pictures Entertainment on advertising, marketing and promotions issues across all its companies.
DLA Piper LLP (US) is rapidly developing a niche practice in the esports space, acting for both team operators and league/tournament operators in their marketing, endorsement, and promotions matters. Recent highlights in the sector include representing Atlanta eSports Ventures, a joint venture between Cox Communications and Province Equity, in structuring and negotiating a Strategic Marketing Agreement with FaZe Clan, a dominant esports organization globally, in exchange for an equity share of the Atlanta team franchise of the Call of Duty League. LA-based Benjamin Mulcahy leads the team and often acts on matters involving the media and entertainment industries, including sponsorship deals, joint promotion agreements, licensing and clearance, and talent negotiations, both for media companies and others seeking to utilize media and entertainment assets and productions for marketing purposes. In Washington DC, associate James Stewart is also recommended for both traditional sports and esports clients. Gina Reif Ilardi left for an in-house role in September 2020.
Other key lawyers:
‘DLA has a strong Advertising and Marketing practice with a wide breadth of experience and unique niche experience in emerging areas. Their advice is practical with business oriented solutions.‘
‘Ben Mulcahy is a valued resource and expert in the eSports area. Ben is very responsive and customer focused. He not only advises on current issues but is extremely proactive in helping us future proof contracts and spot “on the horizon” risks. Highly recommend.‘
Allied Esports International, Inc.
Atlanta eSports Ventures LLC
Fiat Chrysler Automobiles FCA (US) LLC
Chipotle (CMG Strategy Co., LLC)
Recreational Equipment, Inc. (REI)
Paramount Pictures Corporation
The Pad Project, Inc.
- Represent FCA US LLC in all of its sports, entertainment and digital marketing initiatives in the United States across its Jeep, Chrysler, Fiat, Dodge and Ram vehicle brands, including joint promotion agreements for feature films, media buying, and endorsement work.
- Represent Lions Gate Entertainment in various advertising, marketing and promotional campaigns for its theatrical feature films.
- Acted for Twitch Interactive, Inc., in structuring its Channel Points loyalty program, which allows Twitch users to earn points on their favorite streamers’ channels and redeem those points for digital rewards, including advice on compliance with anti-lottery laws and digital currency issues.
- Represent Fox Corporation in all of its sponsorship and online/mobile marketing initiatives for Fox Sports and other divisions.
- Represented Target in structuring and negotiating the engagement of Will Smith to perform in a Target-branded campaign for “Just Water”, and in its renewal of the League-Level Sponsorship Agreement with Major League Soccer (MLS).
Manatt, Phelps & Phillips, LLP
Manatt, Phelps & Phillips, LLP's bicoastal team is highly active in the advertising space, with a particularly strong offering in the field of sweepstakes and competitions advisory work, as well as pricing promotions. Other key areas of work include telemarketing advice under the TCPA, privacy issues, and sponsorship agreements. 2019 saw the addition of two partners to the practice, with both Po Yi and digital specialist Eric Bergner arriving at the New York office from Venable LLP and Moses & Singer respectively. Fellow New Yorker and former FTC official Jeffrey Edelstein remains a key figure in the team, who advises clients on the full spectrum of applicable regulations, as well as the drafting and negotiation of advertising and talent contracts. Practice head Christine Reilly primarily focuses on the contentious side, though she also provides advisory services, and sits in Los Angeles along with Jesse Brody, who handles a wide array of regulatory and contractual work for clients in a variety of sectors, including on issues related to marketing products towards children.
ASICS America Corporation
Kia Motors America, Inc.
L Brands Inc.
Warner Bros. Entertainment, Inc.
Dick’s Sporting Goods, Inc.
- Serves as Dick’s Sporting Goods go-to counsel on all entertainment projects, brand integration work, social media counselling, content management, agency agreements, sponsorships, and marketing transactions.
- Assisting ASICS America Corporation with contracts and agreements for many of its most visible ad campaigns, including sponsorship agreements for sporting events and branded content deals in the broadcasting space.
- Advised L Brands in relation to price promotions and sweepstakes issues across several of its operations.
- Acting for cruise operator Carnival Corporation, reviewed and revised a sponsorship agreement for Carnival’s participation in the New Orleans Jazz and Heritage Festival, a draft agreement for a pilot script for an animated television series, and an agreement for Carnival’s CEO to appear on the Steve Harvey Show.
- Handling several sweepstakes contest and promotions for Kia, in addition to regulatory advice for several of its largest campaigns.
Reed Smith LLP
Douglas Wood heads the advertising and marketing practice of Reed Smith LLP from the firm's New York office, and has a strong track record across the spectrum of advertising and marketing law. In Washington, D.C. John Feldman focuses on industry self-regulation and compliance issues. The firm is often engaged in matters at the intersection with entertainment law, where Stacy Marcus takes the lead. She splits her time between the New York and Century City offices. New York-based associates Toam Rubinstein and Michael Isselin are names to watch as up and coming.
Other key lawyers:
‘While many firms have great industry knowledge, contacts and advice, Reed Smith brings a practicality in their approach and deliverables, which is hard to find. They have helped us prepare templates, tools and technology to improve efficiency of internal business-legal operations.‘
‘Stacy Marcus is the foremost authority on SAG-AFTRA and AFM issues. There is no other person in the industry with the level of understanding and background.‘
‘Associate Michael Isselin is attentive, assertive, and always available for assistance on all things advertising and marketing related.‘
‘Toam Rubenstein is an outstanding associate‘
‘Jason Gordon is highly responsive and creative in problem solving.‘
Crowell & Moring LLP are most notable for their presence before self-regulatory boards such as the NAD and NARB, as well as their representation of clients in their dealings with state and federal-level regulators. This track record provides a strong foundation for the firm's advisory and counselling practice, which includes claim substantiation, advertising risk assessment, regulatory compliance, and promotions and sweepstakes work. Given its strong regulatory focus, the team is led primarily from the firm's Washington DC office, where practice co-chairs Dave Ervin and Christopher Cole both sit. Cole is particularly active in compliance and claim substation work as well as risk management, while Ervin is more active on the agency and content relationships side, advising on sponsorship and endorsement, rights clearance, media placement, and SAG-AFTRA work. New York-based vice chair Holly Melton is also recommended.
- Provide advice to a digital health platform on risks associated with geotargeted advertisements, as well as advice on privacy and data security risks and compliance.
- Advising an American retailer with over 1,000 stores, regarding comparative advertising and pricing claims and counsel on proposed marketing strategies.
- Assisting a data-driven internet company that specializes in web publishing in connection with Telemarketing Sales Rule (TSR) and Telephone Consumer Protection Act (TCPA) compliance, as well as advertising risk and privacy/data security.
- Advising digital publication The hill regarding advertising and copyright issues and negotiating adtech, publishing and media placement agreements.
Info Law Group
With strong sector experience in media, Info Law Group is often instructed by major studios and production companies in relation to the marketing of their film media projects, advising on sweepstakes and promotions, regulatory compliance, influencer agreements, and brand integration. Jamie Rubin, who sits in the Chicago office, chairs the practice, operates across all facets of advertising and promotions law, and is one of the key contacts for media clients. The firm also represents clients in matters which concern the overlap between advertising and privacy law. Chicago-based Justine Gottshall holds a strong track record in both areas, with particular specialisms in direct marketing, usage of user-generated content, and marketing to children. The team has seen some notable changes in the last year with the arrival of counsel Leila Knox from Bryan Cave Leighton Paisner LLP and the promotion of Benjamin Stein to the partnership, both in early 2019.
‘InfoLaw Group are a smart, efficient, personable group of attorneys who will always go the extra mile.‘
‘Jamie Rubin is warm, insightful, bright and personable. He stays calm under pressure (even when the client isn’t) and always produces A-level work, often under extremely tight deadlines. Jamie is an all around pleasure to work with.‘
The Marketing Store Worldwide
Wilton Brands (Perler, EK Success, etc.)
Ascena Retail (Lane Bryant, The Dress Barn, Maurices, Catherine’s, Justice, Ann)
- Advising Warner Bros. on advertising campaigns surrounding several of its major movie releases.
- Advise the CBS on promotional tie-ins/integrations with advertisers and brands (including Amazon); third-party advertising promotions associated with its shows; endorsement and testimonial issues; FTC issues; and other compliance issues regarding brand integrations for flagship programming.
- Advising marketing agency Hothouse on a variety of campaigns for high-profile clients, particularly in the media space.
- Advising Redbox on its online and offline advertising, motion picture intefration deals, and the restructuring of its loyalty program.
- Assisting Save Mart, the largest family-owned grocery store chain in California, with own brand labelling, claim substantiation and country of origin claims.
Kelley Drye & Warren LLP
Though it is perhaps better known in the advertising litigation space, where Washington DC-based John Villafranco is particularly well-regarded, the advertising team of Kelley Drye & Warren LLP is also active on the non-contentious side of the market, particularly in the field of regulatory compliance, with a strong following in the food and beverage, consumer products, and retail sectors. Practice head Christie Thompson operates from the DC office and is highly experienced in the full spectrum of advertising and consumer protection regulation, providing compliance advice along with assisting on claim substantiation across both traditional and new media marketing campaigns. On the transactional side, Gonzalo Mon is a key figure within the team, with his DC-based practice frequently including the drafting and negotiation of sponsorship agreements, endorsements and agency agreements, as well as promotions advice.
National Milk Producers Federation
Disney (The Walt Disney Company)
Keurig Dr Pepper
- Provides ongoing, day-to-day advertising counselling to the largest online travel agency in the world, as well is its subsidiaries.
- Helped Bacardi negotiate a series of agreements with Major Lazer (an American electronic dance music trio) and Anitta (a Brazilian singer) for the company’s “Pass the Beats” campaign.
- Advising Comodo Group, a leading provider of antivirus and other security software, on various advertising regulatory compliance and transactional issues, including TCPA-related advice.
- Counselling regarding use of influencers and user generated content, for Nike.
- Advise Disney on a range of marketing issues including communications and privacy regulations.
Andrew Lustigman heads the advertising team at New York firm Olshan Frome Wolosky LLP, which advises clients on a range of matters including sweepstakes and promotions, advertising clearance and compliance, direct marketing, and marketing issues in the online and mobile spaces. In transactional work, the firm advises on SAG-AFTRA compliance, intellectual property licensing and negotiations, and pricing issues. Lustigman is particularly focused on FTC regulation and compliance matters, with a solid record in the retail, e-commerce, and pharmaceutical sectors, while Tamara Carmichael is recommended for matters which overlap with IP work. Scott Shaffer specialises in direct marketing compliance, as well as representing clients on the contentious side.
Harbor Freight Tools
Baked by Melissa
Housewares America, Inc.
- Advise social media marketer Fooji on sweepstakes promotions and related matters relating to “pop up” promotions for new release films and streaming productions.
- Advising Harbor Freight Tools, a leading brick and mortar retailer of discount tools, on a wide-array of advertising issues including sweepstakes promotions, comparative pricing, TCPA, and other related issues.
- Advise Direct Wines, a leading third party provider and marketer of wine club programs across the U.S. with respect to advertising compliance matters for wine clubs such as American Express, Wall Street Journal, National Geographic, Laithwaites, etc.
- Ongoing advice to fareportal on a wide range of advertising and marketing issues relating to its CheapOair.com and OneTravel.com Online Travel Booking Services.
- Provide ongoing promotional marketing law support for retailer Baked by Melissa, including gift cards, sweepstakes, social media, and other promotions.
Venable LLP is highly active in matters which sit at the intersection of the advertising market and state and federal regulation, with a strong contingent of advertising specialists in its Washington D.C. office, advising on industry-specific issues such as FDA regulations in addition to more general advertising law. The firm also has significant experience in privacy and data-related work, brand integration in the wake of M&A transactions, social media and influencer marketing campaigns, and transactional work. In addition to the strong DC presence, the New York office is another key hub for the advertising team, housing co-chair Leonard Gordon, while Jeffrey Knowles operates from DC, with both specialising in regulatory work. At a more niche level, DC-based Melissa Steinman has particularly strong expertise in the fields of online gaming and promotions, while Ellen Berge focuses on direct-to-consumer marketing. Following the departure of Po Yi to Manatt, Phelps & Phillips, LLP at the beginning of 2019, Alexandra Megaris was promoted to the partnership in April.
‘Jeff Knowles, Roger Colaizzi, and the entire Venable team are the most creative, practical, and entrepreneurial lawyers we have ever worked with. Their common-sense approach and their enormous network of relationships help prevent issues before they come up and help resolve issues before they get bigger.‘
Response Marketing Group
Interactive Advertising Bureau (IAB)
iStream Financial Services
Digital Advertising Alliance
Coalition for Better Ads
Data & Marketing Association (f.k.a. Direct Marketing Association)
- Providing sweepstakes, promotions, and social media compliance advice in association with Marriott International’s ongoing, multi-year agreement with the NFL as the league’s official hotel sponsor.
- Representing Carinal Path and iProspect.com, subsidiaries of Aegis Media Americas and Bentsu Aegis Network, the world’s fifth-largest advertising agency, in separate acquisitions.