Advertising, Marketing and Digital Media

Overview

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 marketers 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. In addition, our strong international network of local counsel collaborates with us on all aspects of global marketing compliance.

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.

We also are keenly aware that data allows marketers to gain complex insights into what drives consumers to buy. Our multidisciplinary team includes members of our highly ranked privacy and data protection practice, who concentrate on marketing and consumer protection issues and  work with advertising and retail clients as they capture and leverage data to influence consumer decision-making.

Market leaders across a diverse range of industry categories turn to us for guidance on:

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

Our industry experience covers virtually every sector, including:

  • Consumer goods and services
  • Retail
  • Digital media developers and publishers
  • Cosmetics
  • Food and beverages
  • Software, hardware and high-tech developers
  • Fashion and luxury goods
  • Sports and entertainment
  • Traditional media outlets
  • Online and mobile platforms
  • Gaming
  • Restaurants and hospitality
  • Toys and sporting goods
  • Automotive
  • Medical devices
  • Nutraceuticals and dietary supplements
  • Publishing
  • Social gaming and fantasy sports
  • Telecommunications
  • Finance and insurance
  • Education
  • Pharmaceuticals
  • Grocery and pharmacy chains

Select Experience

FTC, Lanham Act and attorneys general investigations

  • 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 (ROSCA), 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 industry-wide 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 e-sports 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.

Litigation/National Advertising Division

  • Represented major entertainment companies in an industry-wide class action challenging a text message sweepstakes as violative of federal and state lottery laws.
  • On behalf of a leading wireless carrier, successfully challenged a competitor’s national campaign, requiring the competitor to discontinue the entire campaign.
More »

Professionals

Name Title Office Email
Staff Attorney New York
Partner New York
Partner Los Angeles
Partner Denver
Of Counsel Washington, D.C.
Partner Columbus
Partner New York
Partner Philadelphia
Partner Los Angeles
Partner New York
Partner Denver
Associate Los Angeles
Partner Columbus
Partner New York
Partner New York
Partner Philadelphia
Partner New York
Associate Washington, D.C.
Partner Washington, D.C.
Partner New York
Of Counsel Los Angeles

Experience

FTC, Lanham Act and attorneys general investigations

  • 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 (ROSCA), which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
  • Represented a major telecommunications company in a multistate state attorneys general action, which established industry-wide standards for the marketing of wireless services.
  • Represented leading publishers in a multistate state attorneys general action challenging the companies’ practices of automatically renewing subscriptions.
  • Resolved an FTC investigation against a multichannel network regarding testimonials and endorsements.
  • Defended a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA.
  • Represented a major sports league in connection with its participation in Fan Duel and Draft Kings daily fantasy games.

Compliance counseling

  • Represented a leading ad tech company in connection with the creation of industry-wide 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 e-sports tournament and related community-sponsored tournaments.
  • Counseled mobile and online publishers as well as advertising networks and exchanges regarding U.S., Canadian, European Union 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. Co-authored the BAA/PMA’s comments to the FTC on the proposed rule revisions. 
  • 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.

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 aids customers in finding vendors selling certain beverages.

Litigation/National Advertising Division

  • Represented major entertainment companies in an industry-wide class action challenging a text message sweepstakes as violative of federal and state lottery laws.
  • On behalf of a leading wireless carrier, successfully challenged a competitor’s national campaign, requiring the competitor to discontinue the entire campaign.
  • Represented a leading online tax preparation service in a Lanham Act suit brought by a competing brick-and-mortar company.
  • Represented a lawn and garden products company in connection with a challenge to competitive advertising before the National Advertising Division.

Key Contacts