Advertising, Marketing & Media
Trusted Counsel for Navigating Risk, Compliance & Creativity
Our Advertising, Marketing & Media practice is built to provide in-house legal, marketing and advertising teams practical, business-aligned counsel.
We help companies build and protect their brands while managing risk across traditional, digital, and emerging marketing channels.
From false advertising compliance to Telephone Consumer Protection Act (TCPA) risk mitigation, our attorneys guide in-house teams through the legal complexities of advertising campaigns, influencer programs, promotional sweepstakes, and consumer engagement strategies. We help your business stay compliant with Federal Trade Commission (FTC) regulations, privacy laws, and intellectual property rights—while enabling your marketing teams to innovate with confidence.
We understand the unique demands on in-house teams and tailor our approach to support internal workflows, accelerate campaign reviews, and anticipate regulatory scrutiny.
Key Areas of Legal Focus
- False advertising & deceptive marketing claims
We help in-house teams vet marketing copy and substantiation to mitigate exposure under the Lanham Act and state deceptive trade practice laws. We also defend and enforce our client’s rights in false advertising disputes, including competitor challenges and class action litigation and risk analysis. - FTC compliance
We advise on FTC rules around endorsements, disclosures, native advertising, pricing practices, and promotional claims. Our team proactively addresses FTC warning letters and regulatory trends to support compliant campaign execution. - TCPA compliance
We provide guidance on structuring SMS, telemarketing, and email campaigns to comply with the TCPA, minimizing risks of class action litigation. Our services include consent language review, opt-in/opt-out processes, and vendor diligence. - Advertising substantiation and claim review
We review and assess the evidentiary support for advertising claims—such as “Made in the USA” or “#1 rated”—to help clients ensure their claims are accurate, not misleading, and adequately substantiated. This reduces regulatory risk and enhances defensibility in disputes. - Cross-border and multi-jurisdictional compliance
Our team supports global brands in navigating inconsistent advertising rules across jurisdictions, helping clients to ensure their campaigns comply with local laws while maintaining cohesive brand messaging. We coordinate with foreign counsel for multinational campaigns. - Influencer and social media program oversight
We draft and review influencer agreements, disclosure policies, and social media guidelines to meet FTC and platform-specific requirements. We also conduct internal audits of influencer content and train marketing teams on compliant posting practices. - Right of publicity and likeness clearance
We help clients navigate laws around the commercial use of names, images, voices, and personas to avoid unauthorized use claims. Our services include talent releases, clearance assessments, and litigation support. - Agency and vendor contract negotiation
We assist in negotiating contracts with advertising agencies, production companies, media buyers, and other vendors—helping to ensure that clear IP ownership, indemnities, usage rights, and regulatory compliance responsibilities are built in. - Sweepstakes, contests, and promotions law
We review and draft official rules, structure compliant prize promotions, and advise on registration, bonding, and disclosure requirements at the state and federal level. Our team also handles legal reviews of in-store, digital, and social media promotions. - California Invasion of Privacy Act
We review website and online disclosures for compliance and defend clients accused of violating state privacy regimes, including claims under the California Invasion of Privacy Act (CIPA) alleging violations based on tracking technologies. - Children’s Online Privacy Protection Act (COPPA) compliance
We provide counsel on advertising to children under federal and state laws, including COPPA compliance for data collection, content restrictions, and parental consent. This includes reviewing digital experiences and ad targeting practices. - IP clearance for marketing assets and campaigns
We conduct IP reviews to ensure creative assets do not infringe third-party trademarks, copyrights, or rights of publicity. We also help secure licenses and provide guidance on parody, fair use, and UGC (user-generated content) risk. - Privacy laws intersecting with marketing (GDPR, CCPA, CAN-SPAM, CPRA)
We advise on how consumer privacy regulations affect marketing practices—from email campaigns and targeting cookies to data sales and loyalty programs. Our work includes privacy policy drafting, consent flow reviews, and alignment with evolving global standards.
Industries We Serve
- Advertising & PR Agencies
- Alcoholic Beverage Control
- Automotive
- Banking & Financial Services
- Consumer Packaged Goods (CPG)
- Education
- Firearms
- Food & Beverage
- Gaming, Entertainment and Sports
- Health & Wellness
- Manufacturing
- Media, Entertainment & Publishing
- Nonprofits & Cause Marketing
- Pharmaceuticals & Life Sciences
- Retail & E-Commerce
- Technology & SaaS
- Transportation
- Video Game & Interactive Media
Experience
How We Help Clients
- Advise on laws and regulations applicable to online and print advertising, sales and marketing activity, including pricing, promotions and sweepstakes.
- Design social media campaigns to be compliant with FTC guidelines and platform-specific requirements.
- Conduct advertising clearance reviews to identify issues such as truth-in-advertising, comparative advertising, fair use of copyrights and trademarks, and labeling requirements.
- Advise on launching consumer sweepstakes, contests, and other commercial promotions, including state registration and bonding requirements, preparing official rules and promotional materials, and post-promotion requirements.
- Advise on cause marketing endeavors and other charitable initiatives, including any state registration, reporting, disclosure and other requirements.
- Negotiate and draft contracts with advertising and public relations agencies, co-branding partners, strategic partnerships, Non-Governmental Organizations (NGO) partner agreements and promotions and sweepstakes providers.
- Negotiate and draft significant agreements, including the localization of form contracts and advertising terms and conditions, and implementing consistency across an organization’s contractual provisions, in order to implement larger business goals.
- Counsel on brand management via social media platforms and through preparation of social media policies and advise on any necessary crisis response.
- Advise on pricing issues, including use of coupons, gift cards, and loyalty programs.
- Negotiate publicity and likeness agreements, including with social media influencers.
- Counsel on reputational and social media impacts of transactions, including acquisitions and licensing arrangements.
- Counsel clients related to Americans with Disabilities Act (ADA) compliance for websites and mobile applications.
- Counsel clients regarding compliance with CAN-SPAM and the TCPA in promotions and advertising.
- Develop advertising policies and regimes that comply with FTC standards, state law standards, and the Lanham Act.
- Assert and defend false advertising claims under the Lanham Act and state false advertising laws.
- Enforce and protect valuable products and brands in infringement and enforcement disputes in state courts and federal district courts across the country and before the Trademark Trial and Appeal Board (TTAB) and the United States Patent and Trademark Office (USPTO).
- Develop and draft product placement and product integration agreements.
- Identify trademarks and tradenames, including clearance and prosecution of state and federal trademarks.
- Negotiate vendor agreements, including but not limited to master services agreements, statements of work, and consulting/marketing agreements.
