Advertising, Marketing and Digital Media

Overview

"The firm has a strong team and many experienced lawyers who take pride in what they do. They are very responsive."

– Chambers USA 2022

Engaging consumers in a world of digital disruption has never been more challenging. To be successful, forward-thinking advertisers and marketers must combine creativity, adaptive technologies and the ability to connect with customers at critical moments. Our nationally recognized Advertising, Marketing and Digital Media team understands these imperatives and has the experience and insight to help clients navigate their most complex issues.

Our advisory, transactional, regulatory defense and litigation capabilities make us a one-stop shop for the myriad issues that surround campaigns across all media and paths to purchase.

We collaborate with colleagues across our Digital Assets and Data Management Group who work with clients across a broad spectrum of industries, including consumer products and services, retail, advertising and digital media, as they capture and leverage data to influence consumer decision-making, increase ROI and convert leads to sales.

Significant costs can be triggered by the failure to properly identify risks. We understand the importance of making the strategic risk/reward decisions that allow our clients to create and capitalize on opportunities, hone a market advantage, and survive or launch a competitive attack.

Market leaders rely on us for assistance with:

  • Cannabidiol (CBD) marketing.
  • Claim substantiation.
  • Competitive challenges before self-regulatory bodies.
  • Consumer class actions, including advertising, labeling and Telephone Consumer Protection Act claims.
  • Digital and social media marketing.
  • Esports and fantasy games.
  • Federal Trade Commission (FTC), Food and Drug Administration (FDA) and state attorneys general investigations.
  • Guild and union issues.
  • Marketing and sales practices.
  • Marketing to children.
  • Mobile marketing and text messaging.
  • Native advertising.
  • Nutraceuticals and dietary supplements.
  • Privacy and data protection.
  • Rights of privacy and publicity.
  • Social influencer campaigns.
  • Sponsorships.
  • Sweepstakes, contests and promotions.
  • Telemarketing.

Select Experience

National Advertising Division (NAD) challenges, federal and state regulatory investigations, consumer class actions, and Lanham Act litigation

  • Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC’s Testimonial and Endorsement Guides to social influencer networks.
  • Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers’ Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.

Compliance counseling

  • Represented a leading ad tech company in connection with the creation of industrywide digital ad measurement standards and associated open-source measurement technology for a coalition of interested parties under the umbrella of a leading ad industry trade organization.
  • Advised a leading video game publisher in connection with the establishment of an esports tournament and related community-sponsored tournaments.

Transactional

  • Negotiated and documented the multimillion-dollar spokesperson and commercial engagement of an A-list movie star (and obtained a first-of-its-kind Screen Actors Guild pension, health and welfare cap term extension equal to the period of the airing hiatus) for a major international bank and advised on various related activation campaigns.
  • Structured and negotiated spokesperson and commercial deals with major talent for a national fitness club, a mobile phone carrier and others.
More »

Professionals

Name Title Office Email
Associate Atlanta
Associate Los Angeles
Associate New York
Associate New York
Partner Costa Mesa
Partner Atlanta
Associate Washington, D.C.
Partner Dallas
Partner Los Angeles
Associate Washington, D.C.
Partner New York
Partner Dallas
Partner New York
Counsel Chicago
Partner Dallas
Associate Washington, D.C.
Partner Denver
Partner Washington, D.C.
Partner New York
Partner Columbus
Partner Los Angeles
Partner Washington, D.C.
Partner New York
Partner New York
Partner Philadelphia
Of Counsel Philadelphia
Partner Washington, D.C.
Partner Washington, D.C.
Partner New York
Partner San Francisco
Counsel Dallas

Experience

National Advertising Division (NAD) challenges, federal and state regulatory investigations, consumer class actions, and Lanham Act litigation

  • Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC’s Testimonial and Endorsement Guides to social influencer networks.
  • Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers’ Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
  • Represented a major telecommunications company in connection with an investigation by numerous state attorneys general that established industrywide standards for the marketing of wireless services.
  • Represented leading publishers in an investigation by numerous state attorneys general challenging the companies’ practices of automatically renewing subscriptions.
  • Represented major entertainment companies in an industrywide class action challenging a text message sweepstakes as violative of federal and state lottery laws.
  • Successfully challenged advertising by several competitors on behalf of a leading wireless carrier at the NAD, requiring the competitors to discontinue their entire national advertising campaigns.
  • Represented a leading lawn and garden products company in connection with a challenge to competitive advertising before the NAD.
  • Represented a leading online tax preparation service in a Lanham Act suit brought by a competing brick-and-mortar company.
  • Managed a large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.

Compliance counseling

  • Represented a leading ad tech company in connection with the creation of industrywide digital ad measurement standards and associated open-source measurement technology for a coalition of interested parties under the umbrella of a leading ad industry trade organization.
  • Advised a leading video game publisher in connection with the establishment of an esports tournament and related community-sponsored tournaments.
  • Counseled mobile and online publishers as well as advertising networks and exchanges regarding U.S., Canadian, EU and other international privacy and data protection issues (in cooperation with local counsel), including consumer tracking and ad targeting.
  • Counseled dozens of online and mobile services regarding compliance with the Children’s Online Privacy Protection Act and children’s advertising rules.
  • Represented major brands in multiple sponsorships of national pop music tours (including, on some, branded entertainment cable TV and/or webcast specials) and related activation (e.g., Miley Cyrus, Jonas Brothers, One Direction).
  • For a promotion marketing agency and its client, advised on the structure of an augmented reality mobile phone promotion conducted with a hotel chain.
  • Advised pharmaceutical, medical device and cosmetic companies on advertising claims that required the assessment of clinical trials.
  • Counseled clients on FDA and U.S. Department of Agriculture approvals for products directly or indirectly added to food and feed.
  • Helping several large consumer products companies prepare to launch CBD oil products.
  • Advised a consumer magazine and digital publisher’s native advertising unit on the development of best practices to ensure compliance with the FTC’s native advertising guidelines.

Transactional

  • Negotiated and documented the multimillion-dollar spokesperson and commercial engagement of an A-list movie star (and obtained a first-of-its-kind Screen Actors Guild pension, health and welfare cap term extension equal to the period of the airing hiatus) for a major international bank and advised on various related activation campaigns.
  • Structured and negotiated spokesperson and commercial deals with major talent for a national fitness club, a mobile phone carrier and others.
  • Negotiated lead NASCAR sponsorships for major brands and advised on related activation.
  • Negotiated A- and B-level above- and below-the-line talent deals for TV and film productions, as well as financing and distribution arrangements for those productions.
  • Structured agreements for an international beverage company to create a GPS app that helps customers find vendors selling certain beverages.

Recognition

  • Selected as a 2020-2021 “Pacesetter” in Cybersecurity Services by ALM Intelligence Pacesetter Research
  • BTI Powerhouse for Cybersecurity Litigation (2022)
  • BTI Cybersecurity Powerhouse (2020)
  • BTI CyberSavvy Law Firm (2020)
  • Chambers Global
    • Privacy & Data Security: The Elite (USA) (2022)
    • Privacy & Data Security (USA) (2014 to 2021)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2022)
  • Chambers Fintech
    • Legal – USA (2018 to 2022)
  • Chambers USA
    • Advertising: NAD Proceedings – Nationwide (2022)
    • Advertising: Transactional & Regulatory – Nationwide (2018 to 2022)
    • Privacy & Data Security: The Elite – Nationwide (2021-2022)
    • Privacy & Data Security – Nationwide (2013 to 2020)
    • Privacy & Data Security: Healthcare Spotlight Table – Nationwide (2018 to 2022)
    • Retail – Nationwide (2016 to 2022)
  • Chambers USA Award: “Privacy & Data Security Team of the Year” finalist (2015, 2017)
  • The Legal 500 United States
    • Media, Technology and Telecoms: Advertising and Marketing: Transactional and Regulatory (2018 to 2022)
    • Media, Technology and Telecoms: Cyber law (including data privacy and data protection) (2021-2022)
    • Media, Technology and Telecoms: Cyber Law (2016 to 2020)
    • Media, Technology and Telecoms: Data Privacy and Data Protection (2016 to 2020)
  • Law360: Privacy "Practice Group of the Year" (2013 to 2015, 2018)
  • Selected for Vault’s Guide to Legal Practice Areas
    • Privacy and Data Security (2017 to 2021)

News

News

Press Releases

Publications

Alerts

Articles

Blog Posts

Key Contacts

Blog

In The Blogs

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Data Counsel
With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes
By Daniel Kaufman, Aleksandra Vold
March 16, 2023
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against BetterHelp – to the...
Read More ->
AD-ttorneys Law Blog
Can I Run March Madness Promotions? And How Legal Is That Bracket Challenge?
By John P. Ferry
March 15, 2023
March Madness is upon us! Whether you’re filling out multiple brackets or studiously avoiding a certain co-worker because your team missed out, odds are you’re aware the annual men’s and women’s college basketball tournaments are here. But...
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AD-ttorneys Law Blog
FTC Ratchets Up Increased Focus on Franchise Issues
By Daniel Kaufman
March 14, 2023
Ian Fleming famously wrote, “Once is happenstance. Twice is coincidence. Three times is enemy action.” Although we aren’t quite talking enemy action here, we are seeing heightened Federal Trade Commission (FTC) interest in issues involving...
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AD-ttorneys Law Blog
NAD Whitening Strips Case Illuminates How NAD May Incorporate New FTC Health Claims Guidance
By Amy Ralph Mudge
March 8, 2023
So our holiday gift from the FTC, which flew a bit under the radar if you ask us, was the Health Products Compliance Guide. This was quietly heralded as an update to the 1998 Dietary Supplement Advertising Guides, but oh dear readers, it...
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AD-ttorneys Law Blog
FDA Launches New Directory of Ingredients Used in Products Marketed as Dietary Supplements - AD-ttorneys
By Daniel Kaufman, Laura E. Macherelli, Marc N. Wagner
March 7, 2023
On March 6, the FDA announced the launch of its new “Dietary Supplement Ingredient Directory.” According to the FDA, the directory is “a one-stop shop of ingredient information that was previously found on different FDA webpages.” It will...
Read More ->