Practice Capabilities
Advertising, marketing and promotions make up a dynamic and heavily regulated multi-billion dollar industry, and clients – from Fortune 500 companies to advertising and promotions agencies, entertainment and media companies, technology licensors and direct marketers – rely on Loeb & Loeb to provide unparalleled advertising and promotions legal services.
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 also at the forefront of providing legal services relating to new technologies and innovative deals involving wireless marketing, branded entertainment, user-generated content, text messaging promotions, viral marketing, advertiser-created channels, online promotions and multi-platform integrated campaigns.
We keep clients up to date on the rapidly evolving laws relating to privacy and data security and work with clients to license and protect their intellectual property and worldwide brands. We also routinely 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 representation when disputes arise with competitors and when regulators inquire into advertising or promotions campaigns.
Service Approach
Gift Cards
Loeb & Loeb is pre-eminent in the pre-paid and gift card space. We regularly counsel clients on all regulatory and marketing issues involved in the distribution and marketing of these instruments. Areas of particular expertise include thorough knowledge of federal and state laws applicable to expiration, unclaimed property and escheatment. Loeb & Loeb also has extensive experience litigating issues in the pre-paid and gift card space. Clients for whom Loeb & Loeb provides counsel include financial institutions, brick and mortar retailers, online retailers, and mobile providers. We are sought-after speakers at various pre-paid conferences and write frequently about the many new laws and regulations governing pre-paid and gift cards.
Clearance of Advertising and Promotions Materials
We work closely with clients in the preparation and review of all advertising and promotion materials to help ensure compliance with federal, state and local laws and regulations, as well as standards imposed by self-regulating organizations and television networks. We counsel clients regarding competitive claims and the types of substantiation required to support product and service claims. When requested, we will negotiate commercial clearance with network editors. One of our main objectives is to preserve the creative message while ensuring legal and regulatory compliance.
Talent, Music and Production Agreements
We have substantial experience negotiating and drafting advertising and promotions contracts, including talent and spokesperson agreements, commercial production agreements, joint promotion agreements and music and property licensing agreements.
Internet, Wireless and Emerging Media
Our experience includes negotiating and drafting agreements for the repurposing and distribution of content for wireless devices; Web site development, hosting and linking agreements; sponsorship and advertising sales agreements across multiple platforms; Internet service agreements, software licensing and software development agreements; reviewing Web site content; protecting copyrights and trademarks used online; securing and protecting Internet domain names; reviewing online sweepstakes and promotions; drafting releases and licenses for the online use of music, talent and various audio and visual materials; and providing counsel regarding liability issues for online content providers. Our attorneys also have considerable experience advising and negotiating a variety of technology agreements for our advertising clients with vendors, aggregators and carriers, and navigating the opportunities and challenges across the mobile ecosystem. We remain up to date with respect to the ever-changing regulatory and infrastructure landscape of emerging media as well.
Sweepstakes, Contests, Games and Other Promotions
We work closely with our clients in the development and review of rules, terms of use and disclosures for sweepstakes, contests, coupon, gift certificate and rebate offers and other promotions and incentive marketing campaigns offered through all forms of media, including in-pack and the Internet. We also draft and negotiate sponsorship, tie-in and promotion agency agreements, as well as eligibility, liability and publicity releases. We help clients introduce new technologies such as text messaging into promotions and counsel them regarding compliance with telecommunications, email and privacy laws. Our attorneys also have experience with regulated products, such as alcohol, gasoline, dairy and pharmaceuticals.
Litigation
Working closely with our colleagues in Loeb & Loeb’s Litigation Group, we both prosecute and defend federal Lanham Act claims of misleading and deceptive advertising. We also defend companies across various industries in false advertising cases brought under state laws as consumer class actions. These cases require rapid response and our experienced trial attorneys have the resources to skillfully and effectively initiate or defend such actions. Our litigators also have extensive experience representing clients in disputes involving copyright and trademark issues in advertising.
NAD, FTC and Other Regulatory Matters
We have extensive experience defending advertisers against claims asserted by the National Advertising Division (NAD) of the Council of Better Business Bureaus (CBBB), the Federal Trade Commission (FTC), the Children’s Advertising Review Unit (CARU), the various state attorneys general, and other industry and governmental regulatory agencies. We understand the investigatory process and have resolved many matters with the various regulatory agencies without going to trial.
Guilds and Unions
Our attorneys are highly skilled in negotiations and arbitration proceedings with various guilds such as the Screen Actors Guild — American Federation of Television and Radio Artists (SAG-AFTRA) and the American Federation of Musicians (AFM) and they routinely advise clients with respect to guild and union issues.
Data Privacy
Our attorneys advise clients on a wide range of data privacy and security matters including Internet privacy, security breach notification, financial privacy, telecommunications privacy and international data protection. In the Internet arena, for example, we have prepared privacy policies, audited Web sites for compliance with stated policies and online privacy laws and guidelines, and advised on compliance with the Children’s Online Privacy Protection Act (COPPA) and state child protection registry laws. We help clients integrate data protection and security safeguards into advertising and promotions campaigns and assist them in drafting agreements with affiliates that contain adequate privacy safeguards.
Direct Mail, Telemarketing and Email Marketing
State and federal laws, and industry guidelines on direct mail, telemarketing and email marketing comprise a fast-changing and aggressively enforced area of advertising and marketing. We counsel clients on the complex regulatory landscape, review scripts and promotional copy, and keep clients apprised of important enforcement actions and legislative activity.
Rights of Privacy and Publicity
Advertising and marketing campaigns often feature specific individuals or celebrities to promote their products or services. We are well-versed in the applicable statutes and case law concerning rights of privacy and publicity.
Intellectual Property
We provide counsel to clients with respect to the adoption, use, protection and acquisition of trademarks, service marks, trade names and trade dress. Our attorneys conduct and review searches of federal, state and unregistered marks and advise clients on the availability of proposed marks and names. In addition, we file and prosecute trademark applications in the US and throughout the world and develop and manage the strategic planning of clients’ worldwide trademark portfolios. We also assist clients with all types of copyright-related issues, from the development of copyright identification and registration programs, through the examination of chain-of-title issues.
Branded Entertainment and Product Placement
We assist clients in structuring and negotiating complex and innovative deals with content creators and providers for use in all forms of media. These range from product placement and advertiser-sponsored programming to multi-faceted deals that involve the creation or licensing of content for domestic or worldwide use, and include funding and sponsorship of tours and other events, celebrity endorsements and international distribution.
International
We have a comprehensive international network of attorneys with whom the Advertising and Promotions Group coordinates corporate transactions, promotions, licensing arrangements, trademark and copyright filings, and advertising review on a global basis.
Mergers and Acquisitions, Leveraged Buyouts
Loeb & Loeb has one of the leading practices in the country in the mergers and acquisitions field for advertising, public relations and other marketing communications companies. Working in conjunction with colleagues in the Corporate Practice Group, we provide services involving all aspects of asset and stock acquisitions and dispositions, including negotiated and auction acquisitions and mergers, divestitures, recapitalizations, joint ventures and leveraged buyouts. Client representation includes corporate buyers and sellers and management buyouts.
Leadership in Law
Loeb & Loeb's Advertising and Promotions practice consistently receives high praise in the annual Chambers USA guide. The practice’s national ranking in the 2012 edition of the legal directory quoted market sources who praised the firm’s “excellent work at the intersection of advertising and entertainment law.” Our practice’s national reputation for excellence was again affirmed in 2012 as we were selected, for the second consecutive year, as a finalist for the prestigious Chambers Award for Excellence in Advertising.
The 2012 edition of The Legal 500-United States guide also recognized the practice as a leader in its marketing and advertising category and commended the team for delivering “efficient and cost-effective” counsel.
Our attorneys, described by Chambers USA as "excellent and well-rounded" and “fast to respond [with] high-quality information,” are responsible for building what is widely considered one of the country’s leading Advertising and Promotions practices. They frequently speak and write on cutting-edge advertising topics and related technology, privacy and IP issues, and share their knowledge with clients by hosting in-person, videoconference and Web-based seminars and training sessions.