“Advertising is based on one thing – Happiness.”

– Don Draper, Mad Men

Marketing can be a costly and time-consuming endeavor. Legal mishaps in content delivery and information handling could have devastating consequences to a company’s brand and bottom line. Our job is to help clients navigate the nuanced landscape of laws and regulations that could debunk an otherwise effective marketing strategy. We evaluate what’s being said to ensure statements are truthful, substantiated and complete. We analyze what’s being proposed to minimize consumer confusion. We focus on your goals – whether it is to inform, sell something or gather data – and advise you on ways to achieve them without compromising consumer privacy and trust. And if laws or claims threaten your rights to engage in commercial expression, we formulate creative legal strategies to help you defeat them in a court of law. In sum, when it comes to advertising yourself or your product, let us handle the legal issues. That way you can focus on more important things, such as making your clients happier.

Here’s a summary of some of the services we offer:

We help marketers navigate the rules of the road when conducting local or national promotions. This includes legal counseling concerning applicable gaming restrictions, registration and bond posting requirements; substantiation and transparency assessments for print, radio, television, digital and mobile campaigns across numerous platforms; disclosures and disclaimers guidance; advice on current Federal Trade Commission guidelines; comprehensive privacy assessment for campaigns involving text messages, e-mails, telemarketing or children; custom-drafting of social media policies; IP clearances; negotiation and drafting of endorsement, sponsorship and licensing agreements.
You need consumer data to do this. How you acquire and use the data to reach your targeted audience might expose you to legal risks and large fines. We’re prepared to guide you through the myriad of privacy laws and consumer protection regulations that may be applicable to your business practices and if necessary help you take the steps to address them.
Have you received a warning letter from the FTC? Has the NAD initiated an inquiry concerning an ongoing promotion? Do you believe a marketing campaign launched by a competitor is unfair or deceptive? We can help you understand your rights, formulate appropriate responses and implement appropriate strategies.
No one enjoys being a party to a lawsuit. Litigation can be costly and distracting. But if you need to defend or prosecute an advertising claim in court, we’ll put our solid litigation experience in action to advocate zealously on your behalf.