Advertising & Marketing

Collen’s advertising and marketing practice helps clients launch innovative, legally compliant advertising campaigns.

Whether utilizing powerful e-commerce, digital, or social media platforms or launching a traditional print, radio, TV, or direct mail campaign, our clients turn to us early in the creative process to minimize legal risk. We invite potential clients to review a summary of the firm’s recent work in the advertising and marketing area.

Our capabilities include:

Copy Clearance

  • We review advertising copy, underlying claim substantiation, and testimonials to ensure express and implied claims are neither deceptive nor misleading.

Marketing Techniques and Pricing Issues

  • We help clients implement marketing techniques that generate sales, such as advance consent marketing, negative option offers, cause marketing, telemarketing, e-mail marketing, coupons, gift cards and loyalty programs.

Sweepstakes, Contests, and Prize Promotions

  • We help design, implement, and defend sweepstakes, skill contests, and premium offers, integrating cutting-edge media and mobile platforms. Our advertising and marketing lawyers are fully conversant in 50 states’ laws in the United States and multinational laws on promotions. We draft rules and winner notification forms, handle registration and bonding issues, review advertising, and defend our clients’ promotions against regulatory scrutiny.

Social Media and Mobile Marketing

  • We advise on the latest technology trends. We have deep expertise in the legal issues associated with native advertising, user generated content, data security, online behavioral marketing, privacy, and geo-location marketing tools.

Targeted Regulatory Issues

  • We counsel on marketing to children, “green” claims, food and health claims, and jewelry advertising. Our attorneys keep clients updated on ever-changing regulations, constantly monitoring the legal landscape for new regulations from the FTC, FCC, FDA, CPSC, and new federal and state legislation.

Agreements and Documentation

  • Our attorneys regularly negotiate, draft, and review vendor agreements, licensing agreements, purchase orders, and all other business contracts relating to clients’ advertising and marketing initiatives.


  • We handle false advertising litigation in the federal courts, as well as claims before the National Advertising Division of the Better Business Bureau.

For information about the firm’s advertising and marketing practice, please contact Kyle-Beth Hilfer.