Advertising and marketing: transactional in United States
Clients consider Davis & Gilbert LLP 'unique amongst law firms in its understanding of the advertising and technology space'. The New York-based advertising, marketing and promotions practice offers 'succinct, on-point, advice in a timely manner'. The team is 'knowledgeable, professional and accommodating' and provides 'a full suite of legal services' for its advertiser, brand and agency clients. It recently successfully represented Benefit Cosmetics before the National Advertising Division (NAD) in a challenge of an advertiser’s substantiation for mascara volume claims. Other work highlights include advising a leading global creative agency on the creation, development and implementation of an interactive social change campaign in a matter led by Howard R Weingrad, and Allison Fitzpatrick and associate Rohini Gokhale's coordination of a global review for 2K Games in relation to two competitions offering substantial cash prizes. 'True expert' Ronald Urbach and Richard Eisert, who attracts praise for his 'strong grasp of the regulatory background', jointly head the group, which 'never misses a step to remain ahead of the concerns and how to educate their clients'. Other names to note include Joseph Lewczak, the ‘brilliant’ Ashima Dayal and Aaron Taylor. Vejay Lalla left for Fenwick & West LLP.
The New York-based advertising, marketing and public relations group at Frankfurt Kurnit Klein & Selz PC boasts impressive capabilities advising a range of brands spanning from PepsiCo and Domino’s Pizza to BIC USA, and also agencies such as Crispin Porter + Bogusky and Wieden & Kennedy. A particular work highlight was acting for Epic Games regarding a multitude of advertising and intellectual property matters, including structuring its influencer and generated art programs and putting their content into television commercials. The team also has experience assisting disruptive businesses and counts Etsy, thredUP and Glossier among its clients in this sector. Recently promoted partner Hannah Taylor is assisting Lidl with several advertising matters since entering the US market, including regulatory advice. Terri Seligman and Rick Kurnit jointly lead the group which also includes, Jeffrey Greenbaum, Brian Murphy, Candice Kersh, Christopher Chase, Gavin McElroy.
Fielding an interdisciplinary team based across the firm's New York, Chicago, Los Angeles, Nashville and Washington DC offices, Loeb & Loeb LLP combines media, technology, data and regulatory expertise in marketing and advertising matters. The team's impressive client roster includes Toyota, Comcast Cable Communications and Visa. In a recent work highlight the practice assisted the latter with negotiations with the International Olympic Committee to extend its Olympic sponsorship for another 12 years. Noteworthy is also the firm's advice to Amazon on mobile marketing and text messaging promotional campaigns, including advising on the Telephone Consumer Protection Act (TCPA); the matter is led by Brian Nixon, intellectual property expert Melanie Howard (both in LA) and New York-based David Mallen. Chicago-based Seth Rose is advising T-Mobile USA on celebrity talent and endorsement deals and sponsorship arrangements. In addition to acting for prominent brands, the team also assists leading agencies, such as several Publicis Groupe agencies. Kenneth Florin and James Taylor in New York and Nathan Hole in Chicago jointly head the practice which was bolstered by the additions of Chicago-based partners Brian Heidelberger, Monique Bhargava and Robert Newman from Winston & Strawn LLP in May 2018.
Baker & Hostetler LLP's advertising, marketing and digital media practice led by Linda A. Goldstein continues to grow and has seen additions to its impressive client roster, such as new clients The Kellogg Company, Kraft Heinz Company, Sears Holding Corp and Danone Wave. The firm also acts for the largest publishing company in the US and is advising its content creation agency division on developing guidelines for the disclosure of various forms of native advertising content, as well as frequently handling the review and clearance of their native advertising campaigns. The team is equally adept at handling a range of regulatory challenges and investigations and recently acted for a multinational pharmaceutical company in a NAD challenge by its foot care brand to product claims made by a competitor, which resulted in referrals to the FTC and Food and Drug Administration (FDA). The practice was bolstered with the additions of Washington DC-based Amy Mudge and Randal Shaheen from Venable LLP, who are assisting a global nutritional company on due diligence relating to its acquisition of an iconic brand of weight loss products, and reviewing the acquired company’s advertising and marketing materials. Los Angeles-based Alan L. Friel assisted My College Options, a marketing and data broker company for colleges and post-graduate opportunities, on a range of advertising, privacy and consumer protection issues. Holly Melton left the practice to Crowell & Moring LLP.
Manatt, Phelps & Phillips, LLP's interdisciplinary advertising, marketing and media practice offers a range of legal, regulatory and strategic advice to brands and agencies. Kia Motors America is a key client for the group, and recent work has included advising Brandon Maxwell on all contracts for its New York Fashion Week installation and assisting Cincinnati Bengals with drafting terms and conditions for its Test Drive For Tickets promotion. New York-based Jeffrey Edelstein and Jesse Brody in Los Angeles are the key names to note; the former leads a team advising advertising agency BBDO on several advertising campaigns, including on sports sponsorships and designing a commercial for the Winter Olympics. Brody acts for Facebook regarding the review of advertising relating to the launch of new major product and is assisting Facebook Technologies on several matters including a promotional agreement with Stack Up, a sponsorship agreement with Special Olympics and a product placement agreement for an upcoming Netflix feature. The team was strengthened with the addition of Po Yi from Venable LLP, but saw the departure of T. Hale Boggs to O'Melveny & Myers LLP and Shari Wollman to an in-house role at Mattel.
Reed Smith LLP
The advertising and marketing practice at Reed Smith LLP, based largely in New York, attracts praise for its 'holistic guidance' combining 'extensive knowledge in media law both domestically and internationally' with 'broad expertise of working with all sides of advertising, including advertisers, agencies, regulators'. Practice head Douglas Wood is highly regarded both for 'his passion' and 'expertise in media law' with experience handling a range of advertising, marketing, promotions, unfair competition, intellectual property and e-commerce matters. Other key names to note include Washington-based John Feldman, who combines advisory and litigation experience, 'stand out lawyer' Stacy Marcus, Keri Bruce and recently promoted partner Jason Gordon in Chicago.
Venable LLP continues to enjoy a good reputation for assisting brands ranging from start-ups to multinational corporations on a range of transactional and regulatory matters. Practice head Jeffrey Knowles has impressive experience in the sector and recently advised Fashion Nova on Federal Trade Commission (FTC) investigations relating to its shipping claims and practices. The team is also assisting the client with its social media influencer program and contracts with celebrities, including Kanye West. Another client is London-based promotions agency Prizeology regarding the coordination of a legal review for a user-generated content contests across more than 20 countries. Melissa Steinman boasts particular expertise in promotions and online gaming and is leading the firm's advice to Whole Foods Markets on state and local law regulatory considerations relating to the implementation of a loyalty rewards program. Other key names to note include Stuart Ingis, particularly for privacy and e-commerce, regulatory lawyer Ellen Berge and New York-based litigator Leonard Gordon, who co-heads the practice alongside Knowles and frequently represents clients in NAD challenges and FTC investigations. All individuals mentioned are based in Washington DC, except where otherwise specified. Changes to the team include the departures of Amy Mudge and Randal Shaheen, who left to Baker & Hostetler LLP and Po Yi who joined Manatt, Phelps & Phillips, LLP.
DLA Piper LLP (US)'s advertising capabilities were strengthened by the arrivals of new practice heads Benjamin Mulcahy and Gina Reif Ilardi from Jenner & Block LLP, based in Los Angeles and New York respectively. The team is predominantly known for brand-side representation and recently acted for Fiat Chrysler Automobiles in several matters including a multi-platform advertising initiative with the Apple Music and Beats Electronics, a joint promotion arrangement with Universal Pictures relating to the release of the motion picture Jurassic World: Fallen Kingdom and an online and mobile teaser campaign featuring Vin Diesel leading up to the public launch of the Dodge Challenger SRT Demon. It also assisted social gaming platform Twitch Interactive with various sponsorship, strategy and eSports team initiatives. On agency-side the firm advised United Entertainment Group on agreements with Capitol Records, Spotify and emerging artist Maggie Rogers to create a smart-phone application to launch a new North Face product.
Katten has experience spanning from the consumer products, fashion, food and beverage and luxury sectors to technology and software and the medical, sport and gaming industries. The group handles a range of contractual issues and sponsorship agreements for its impressive client roster that includes Calvin Klein, Agave Loco and PepsiCo. The team also continues to act for the Chicago White Sox, Chicago Bulls and Chicago Blackhawks in connection with new telecast rights agreements and sponsorship agreements, and advised the Bulls on the negotiation of documents related to obtaining the right to host the NBA All Star Game at the United Center. New York-based Doron Goldstein heads the practice alongside Kristin Achterhof in Chicago. Other key names to note include Floyd Mandell, also in Chicago, and intellectual property partner Sean Wooden who recently joined the Washington DC office from Hunton Andrews Kurth LLP's legacy firm, Andrews Kurth Kenyon LLP.
Michelman & Robinson, LLP
Agencies, advertisers, media outlets, digital ad-tech companies, internet publishers and other content providers frequently seek advice from Michelman & Robinson, LLP's advertising and digital media practice on a range of matters. In recent work, the firm advised Yamaha Guitar Group on the review of its website, materials and guidelines relating to advertising, social media and marketing, and assisted AirFrance with advertising compliance matters including in connection with contest and sweepstakes and in structuring gift cards and reward programs. The team also acted for MediaLink regarding its $207m sale to UK-based international business-to-business media firm, Ascential. Ronald Camhi in Los Angeles and Adam Solomon in New York jointly lead the practice that also counts TLC Marketing, Groupon and Brookstone Company among its clients.
The advertising, marketing and promotions group at Olshan Frome Wolosky LLP is known particularly for its capabilities handling sweepstakes and contests, advertising clearance, and advising on direct marketing law and in regulatory investigations. Andrew Lustigman heads up the practice which recently acted for Baked by Melissa on structuring and drafting rules for the Baked by Melissa Golden Cupcake contest, assisted social media marketing Fooji with sweepstake promotions and advised Golfballs on its structured promotion for a giveaway which included a grand prize of a golf lesson with Tiger Woods. Other key names to note include Tamara Carmichael and Scott Shaffer. All referenced attorneys are based in New York.
Sheppard, Mullin, Richter & Hampton LLP's practice has particular experience handling marketing and advertising matters in the entertainment, sports, fashion and technology sectors. San Francisco-based Brian Anderson is a key name to note for transactional work; he advised Mastercard on its multi-year multi-million dollar agreement with Riot Games for the global sponsorship of the studio’s online multiplayer game, League of Legends. Anderson, alongside David Sands in Los Angeles, also assisted Kathy Ireland Health & Wellness with its multi-million dollar licensing agreement with Isodiol International to develop and market Kathy Ireland-branded Cannabidiol products. Another work highlight was Century City-based Shaun Clark's representation of Fashion Nova in a fashion collaboration with hip-hop star, Cardi B. The team was bolstered with the addition of Sid Forhman from Barnes & Thornburg LLP.