Drinker Biddle’s Advertising and Promotion Law practice provides our clients with sophisticated advice on marketing practices and regulated public communications. Our lawyers provide strategic advice on how clients can use the law to their benefit, both offensively and defensively, to gain real advantages in the marketplace.
Our lawyers are well versed in the burgeoning world of social media and cutting-edge communication technology. We also have substantial experience navigating our clients through the thicket of state and federal regulations that affect the marketing and promotion of goods and services through various media. Because a valued counselor must do more than just “yes” and “no,” we think creatively about novel problems and innovative opportunities.
Our approach is simple: we provide concise, practical advice on how to structure successful advertising and promotions to consumers and the trade, while at the same time minimizing the risks. We review advertising, websites, social media initiatives, price incentives, marketing practices and promotional materials for regulatory compliance. We also negotiate a wide range of advertising, marketing and promotion contracts, representing both clients and agencies. Recognizing that many advertising campaigns are created under intense time pressures, we work with our clients to help clear their advertising and promotional efforts within tight time constraints.
Advertising is about what you say and how you say it. Our lawyers advise clients on how to present their product claims effectively and in the manner least likely to be challenged. We work with clients to ensure that their advertising claims and comparative advertising are adequately substantiated to ensure compliance with Federal Trade Commission and state requirements. And if a product claim is challenged, our advertising lawyers litigate false advertising and unfair competition claims, including claims filed in state and federal courts and before the National Advertising Division of the Council of Better Business Bureaus and the FTC.
Our lawyers not only defend our clients against the efforts of regulators and competitors, we also assist our clients in challenging the false and deceptive advertising of their competitors. We offer strategic advice focused on helping our clients succeed in the marketplace and, where necessary, institute litigation and regulatory challenges to competitor advertising.