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In Depth

Advertising, marketing and promotions make up a dynamic and heavily regulated multibillion-dollar industry, and clients around the globe – from Fortune 500 companies and direct marketers across all industries to leading advertising and promotions agencies, entertainment and media companies, and technology providers – rely on Loeb & Loeb to provide unparalleled legal services in this area. 

Our experienced and dedicated attorneys negotiate and draft agreements and counsel clients on a wide array of advertising and marketing campaigns, making sure they comply with network standards; local, state and federal laws; industry guidelines; and changing best practices. We are at the forefront of today’s digital media trends and technologies, and our attorneys are leaders in putting together innovative technology-enabled transactions and creative campaign solutions involving mobile marketing, branded entertainment, user-generated content and social media, text messaging promotions, viral marketing, advertiser-created channels, online promotions, international marketing and promotions, and multiplatform integrated campaigns.

We keep clients up to date on the rapidly evolving privacy and data security regulations governing consumer marketing and advertising, and we work with them to license and protect their intellectual property and worldwide brand assets. We also provide 50-state surveys and frequent updates on highly regulated marketing and promotions programs such as gift cards, rebates and promotions co-sponsored with charities. Clients also count on us for knowledgeable and aggressive representation when disputes arise with competitors and when regulators inquire into advertising or promotions campaigns. 

Our capabilities span both traditional and digital media channels, encompassing the following areas:

Clearance of Advertising and Promotions Materials

  • Compliance with federal, state, and local laws and regulations; self-regulating organizations; and television network standards
  • Product and service claims substantiation

Internet, Mobile and Social Media

  • Mobile alerts, offers, banking, payments and other initiatives
  • Targeted/behavioral advertising 
  • Technology licensing and agreements with vendors, aggregators and carriers
Sweepstakes, Contests, Games, Loyalty Programs and Other Promotions
  • Development/review of rules, terms of use and disclosures
  • Sponsorship, tie-in and promotion agency agreements
  • Eligibility, liability and publicity releases
Prepaid and Gift Cards
  • Expiration, unclaimed property and escheatment issues

Advertising Litigation, Arbitration and Regulatory Actions

  • Federal Lanham Act litigation involving allegations of misleading and deceptive advertising
  • Consumer class actions 
  • NAD and other self-regulatory actions
  • FTC and state attorney general investigations
  • Disputes involving copyright and trademark issues in advertising 

Privacy, Data Collection and Data Optimization

  • Privacy policies and compliance counseling
  • Data optimization and behavior-based advertising
  • Security breach notification, incident response programs and international data protection 
  • Children’s Online Privacy Protection Act (COPPA) issues

Media

  • International media purchase and sale agreements across multiple channels
  • Upfront incentive and added-value agreements with publishers and platforms

Branded Entertainment and Product Placement 

  • Advertiser-sponsored programming 
  • Funding and sponsorship of tours and other events 

Direct Mail, Telemarketing and Email Marketing 

  • Telephone Consumer Protection Act (TCPA) and CAN-SPAM email privacy issues

Green Marketing

Intellectual Property 

  • Protection and enforcement of copyrights, trademarks, service marks, trade names and trade dress 
  • Patent prosecution and litigation
  • IP and technology licensing transactions
  • Rights of privacy and publicity

Talent, Music and Production Agreements

  • Celebrity endorsements and spokesperson agreements 
  • Commercial production agreements 
  • Joint promotion agreements 
  • Music and property licensing agreements

Guilds and Unions

  • Negotiations and arbitration proceedings
  • Pension plan audits 


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