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Advertising, Marketing & Promotions

Overview

The print, radio and television advertising of yesterday has given way to the technology-driven, continuously evolving, heavily regulated ecosystem of multibillion-dollar advertising, marketing and promotions industry of today.

Loeb & Loeb’s Advertising, Marketing and Promotions lawyers work at the leading edge of today’s dynamic advertising, marketing and promotions space. Global consumer brands; entertainment, technology and media companies; and their advertising, media, public relations, digital and promotions agencies rely on our team not only for its knowledge of the law and its business savvy but also for its proactive, practical and creative solutions.

By deliberate design, our team comprises lawyers with the industry knowledge, legal acumen and distinct skill set required to fully service our clients’ advertising, digital marketing, technology, privacy and entertainment needs. Drawn from disciplines across the firm and offices across the country, we tackle our clients’ complex challenges with an integrated approach and solutions that make the most sense substantively, economically and logistically.

Our guidance is designed to keep our clients off the radar while ensuring compliance with federal, state and local laws and regulations, as well as standards imposed by self-regulatory organizations. We invest heavily in understanding our clients’ businesses, their goals and strategies, and their approach to risk.

Our approach: We don’t say “no,” we ask “how?” We work with clients to build solutions that reflect our clients’ risk tolerance, strategic objectives and core values.

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

    • Compliance with applicable laws, self-regulating organizations, television networks, applicable unions and best practices
    • Product and service claims substantiation
    • Training for in-house legal, marketing and product development teams
    • Compliance with laws and state regulatory requirements
    • In-house training on promotional strategies
    • Control and approval, intellectual property issues, platform requirements, indemnification, and other protections, as well as exclusivity issues
    • Compliance with Federal Trade Commission (FTC) and other industry guidelines with respect to influencer marketing, acceptable forms of disclosure, monitoring, and the acceptable collection and use of customer data
    • Social, digital, new media and influencer contracts
    • Expiration, termination of unclaimed property and escheatment issues
    • Advertising, promotions, fulfillment, public relations, event and cause marketing agency agreements for local, national and global projects
    • International media agency and technology agreements, including media buying, planning and placement; SaaS and PaaS; programmatic advertising services; targeted advertising; and cloud-based platforms
    • Agreements in connection with data-driven marketing and e-commerce
    • Advertiser-developed entertainment and educational programming
    • Sponsorships and tie-ins with sports, music, television and film opportunities
    • Celebrity endorsement agreements
    • Federal Lanham Act litigation involving allegations of misleading and deceptive advertising
    • Consumer class actions
    • National Advertising Division (NAD) and other self-regulatory actions
    • FTC and state attorneys general investigations
    • Disputes involving copyright and trademark issues in advertising
    • 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
    • Telephone Consumer Protection Act (TCPA) and Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) email privacy issues
    • Protection and enforcement of copyrights, trademarks, service marks, trade names and trade dress
    • Patent and copyright prosecution and litigation
    • IP and technology licensing transactions
    • Rights of privacy and publicity
    • Screen Actors Guild-American Federation of Television and Radio Artists commercial contracts (and related agreements)
    • Negotiations and arbitration proceedings
    • Pension plan audits
    • Charitable co-venture, professional fundraiser and professional solicitor state registration services
    • Applicable charitable solicitation and fundraising rules and applicable tax laws
    • Better Business Bureau standards and federal and state laws governing false and misleading advertising regarding these initiatives

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