Practice Capabilities

The Marketing and Advertising Regulatory Practice, part of the Advanced Media and Technology department at Loeb & Loeb, offers proactive, knowledgeable counsel to clients who employ both traditional and emerging media marketing, including mobile technology, to reach, serve and expand their markets. With new – and more stringent – state, federal and industry-specific regulations taking hold, today’s marketers need to take into account compliance issues in every aspect of their operations.

Our practice is a natural extension of the firm’s highly regarded advertising and promotions, media and entertainment, intellectual property and litigation groups. Our multi-disciplinary approach allows us to provide legal counsel, risk management guidance and the hands-on experience and business acumen valued by clients from a broad range of industries.

Litigation, Arbitration and Regulatory Actions
Our attorneys are extremely skilled in the defense of clients involved in significant actions brought by regulatory agencies at the state and federal level, including the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the United States Department of Justice, and state Attorneys General. We have long standing relationships with FTC attorneys, both in the national office and in regional offices, and our new Washington, DC, office will strengthen relationships with FTC staff and advertising industry trade groups and lobbyists that are located there.

We also have extensive experience representing advertisers in proceedings before the National Advertising Division (NAD) and the Children’s Advertising Review Unit (CARU), the advertising industry’s self-regulatory programs administered by the Council of the Better Business Bureaus. NAD and CARU resolve disputes between advertisers involving advertising in traditional and new media; both organizations also monitor national advertising and can initiate their own proceedings with advertisers.

Our attorneys represent clients in many different industries that have been investigated by the FTC and other regulatory agencies, as well as during administrative proceedings, court trials and post-settlement monitoring. We understand the investigatory process and have resolved many matters without going to trial. The cutting-edge work performed by the practice has helped advance a number of groundbreaking marketing initiatives. One such milestone involved defending a client in the FTC’s first prosecution of the National Do-Not-Call Registry.

The capabilities of the Marketing and Advertising Regulatory Practice include:

• Guidance for complying with the myriad local, state and federal consumer protection laws
• Business-to-Business (B2B) marketing relationships
• Understanding trends in consumer class action litigation and settlements
• Sweepstakes and contests
• Telemarketing – landline and cellular
• Email marketing and text message marketing
• CAN-SPAM and FTC and FCC rules
• Mail order compliance
• Product placement and brand integration
• Privacy and data security
• FTC and state attorney general investigations
• Behavioral and viral marketing
• Negative options
• Customer incentives including coupons, rebates and loyalty programs
• Gift cards and state abandoned property laws
• Claim substantiation
• Collection and use of customer data
• Children’s marketing
• Club and membership-based marketing

Clients and Industries

Clients today recognize that the long-term value and success of marketing and advertising programs is heavily dependent upon guidance from a trusted legal partner. Loeb & Loeb takes pride in providing that counsel. Our clients come from a wide spectrum of global industries and including consumer products manufacturers, technology providers, financial services companies, entertainment companies, mobile carriers, content developers, publishers and media companies.

Service Approach

The depth and breadth of experience offered by Loeb & Loeb attorneys benefits clients in the planning, development and maintenance of multi-media, cross-channel marketing efforts designed to target prospects and existing customers. Rapidly evolving Internet capabilities, the new functionality offered by mobile technology and mobile applications, and the ability to create and deliver more personalized, segmented solutions to customers are just some of the factors behind the influx of new marketing techniques and programs that the market has witnessed during the past few years. This trend is also fueling the introduction of more and more local, state and federal laws designed to protect consumers, address the capabilities of emerging media and marketing channels, and help individuals and business maintain control over their intellectual property.

Our lawyers know and understand the business aspects of the industry and the rules that apply to each medium and each message. They know the technology. And they know how to identify which “best practices” today will likely become law tomorrow.