We are leaders in the advertising and marketing legal space and are uniquely qualified to assist clients with all aspects of creative campaigns from concepting through completion. We help clients navigate complex issues so that they can achieve their creative goals while mitigating risk. Our breadth of knowledge spans from traditional advertising to the latest technologies. And we do it all with an eye towards practicality and budget management. Our areas of practice include:
COUNSELING & STRATEGIZING
Social Media: We counsel both brands and agencies on how to interpret and comply with platform terms, how to share content while avoiding infringement claims, and how to effectively run endorsement campaigns.
Guild & Union Approaches: We interpret Screen Actors Guild rules and contracts for compliance, cost-effective positioning and audit advice.
Network Clearances: We review content to help ensure a smooth network clearance process.
Branded Entertainment: We align client goals with entertainment properties, and help navigate product placements and other synergistic endeavors.
Native Advertising: We counsel on ad placements and necessary disclosures for custom content and unique editorial relationships.
Creator Branding: We work with talent and influencers (and brands) to maximize publicity rights and commercial endorsement opportunities, while prioritizing ownership rights to personal intellectual property.
Sports Marketing: We advise sponsors and sports properties on campaign structures, ambush marketing risks and endorsement collaborations.
Promotion Strategies: We help structure sweepstakes, contests, surprise & delights and other promotions, and advise on appropriate disclosures in calls-to-action.
Artificial Intelligence: We counsel clients on the risks inherent in the use of A.I. and on strategies to help manage those risks.
NFT Approaches: We counsel on the pitfalls regarding non-fungible token creations and promotions from an intellectual property and licensing perspective.
Ad Tech: We advise on legal risks with behavioral advertising, customer matching, programmatic media buying and related notice and consent issues.
PRODUCTION CONTRACTING & FOUNDATIONAL MARKETING DOCUMENTS
Marketing Agreements: We review, draft and negotiate every type of marketing agreement, including agency-client agreements, production agreements, media-buying agency agreements, public relations firm deals, and statements of work.
Talent & Influencer Deals: We contract with creators, influencers, celebrities and other talent on behalf of brands and ad agencies. We draft easy-to-digest forms for simple appearances, and also handle more complex union and revenue-share deals. We distill the business terms of the deals to their clearest form and protect clients via robust legal provisions.
Artwork and Illustrator Licensing: We structure appropriate licenses or work-for-hire arrangements for procuring art and other creative content for commercial projects.
Music Licensing: We review sync/composition, master recording, and public performance licenses, music-house engagements, as well as DJ and performance contracts.
Sponsorships and Joint-Promotion Deals: We negotiate brand sponsorships for sporting events, music festivals, industry events and other entertainment initiatives, as well as co-promotional and cross-licensing arrangements between the biggest brands.
Promotion (Sweepstakes, Contest and Surprise & Delight) Terms: We draft abbreviated and full rules, related compliance copy, prize supplier contracts, publicity releases and promotions vendor agreements.
Media Buys & Insertion Orders: We negotiate media buys (including those governed by IAB terms) and other custom media buy structures.
MARKETING CONTENT REVIEW
False Advertising and Federal Trade Commission Assessments: We review copy and marketing plans to identify claims and assess compliance with Section 5 of the FTC Act prohibiting unfair or deceptive acts of practices. We assess pricing and “free” claims, Green Guide and other environmental marketing compliance, health claims, made-in-USA and other consumer protection standards.
Claim Substantiation: We review advertising claim substantiation, identify deficiencies and draft applicable disclosures.
Trademark, Copyright and Right of Publicity Analyses: We run preliminary trademark searches and evaluate potential risks in connection with linking to, referring to and using third-party content and popular culture references.
Pre-Publication, On-set, Rough-Cut and Final-Cut Reviews: We review scripts and storyboards and are often on-call during commercial shoots to assess last-minute snags and changes. We then provide creative solutions to rough-cuts and final edits.
Privacy Analyses: We watch out for potential CAN-SPAM, COPPA, GDPR, CCPA and other privacy and data protection regulation violations.