Our advertising and promotions lawyers provide sophisticated advice on marketing practices, social media initiatives, product claims, sweepstakes, promotions, false and comparative advertising and regulated public communications. Our strategic guidance uses the law, both offensively and defensively, to gain real advantages for our clients in the marketplace.
We have substantial experience navigating the web of state and federal regulations that affect how our clients and their competitors market and promote their goods and services. Our role goes beyond responding to issues as they arise; the hallmark of our practice is our proactive and creative approach to innovation, new technology and a rapidly changing cultural and legal landscape.
We provide practical advice on how to structure successful advertising campaigns and promotions to both consumers and the trade, while minimizing risks in a world where new marketing platforms are developed nearly every day. With an eye toward regulatory compliance we review advertising, websites, social media initiatives, price incentives, marketing practices and promotional materials. For clients and agencies, we negotiate a wide range of advertising, marketing and promotion contracts. We are also well versed in social media and emerging technologies that drive cutting-edge communication and the consumer protection issues that arise in their wake.
Our team also handles legal challenges to product claims for our clients – from competitors, from consumers and from regulators. We work with our clients to develop substantiation for their advertising claims—including comparative advertising— and assist them in complying with state and federal requirements. Should a challenge arise, our lawyers litigate false advertising and unfair competition claims. We represent clients, as both defendants and plaintiffs, in state and federal courts and before regulators and the National Advertising Division of the Council of Better Business Bureaus.
We have represented a variety of clients in connection with their advertising and promotional efforts. Some examples include:
- Performed advertising clearance work in connection with major national campaigns for a variety of consumer product companies and advertising agencies.
- Rapid review of dozens of promotional initiatives for retailer of consumer goods, encompassing a wide variety of in-store and web-based sweepstakes and skill contests.
- Advised one of the world’s largest consumer products companies on social media issues.
- Assisted a significant life insurance carrier with promotions and advertising clearance and their use of social media tools.
- Designed a variety of promotions (including loyalty programs, sweepstakes, contests, rebates, premium incentives and talent searches) for major consumer-oriented marketers, including video game companies, major magazines, automotive manufacturers, consumer product companies and industrial conglomerates.
- Assisted one of the country’s largest health care organizations in a comprehensive review of its web presence and public communications to bring it into compliance with state and federal regulations.
- Successfully challenged false and misleading advertising of a competitor on behalf of one of the world’s most well-known household appliance manufacturers before the NAD.
- Advised one of the nation’s largest drug companies on the use of product claims as part of its marketing efforts for cold medicine.
- Negotiated multimillion-dollar advertising agency agreements for one of the nation’s most prominent consumer rewards providers and one of the nation’s largest hospital systems.