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, claim substantiation, testing, survey evidence, and testimonials. Because of our depth of knowledge relating to unfair competition and false advertising disputes, we counsel strategically regarding comparative claims. We ensure all express and implied advertising claims are neither deceptive nor misleading to minimize risk of litigation.

Marketing Techniques and Pricing Issues

  • We help clients implement marketing techniques that generate sales, such as advance consent marketing, negative option offers, 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’ sweepstakes and gambling 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.

Continuity Programs

  • We counsel on negative option, automatic renewal, club memberships, and other forms of continuity programs. We apply the latest regulatory framework at the FTC and in 50 states to our clients’ campaigns. We review copy, on-boarding scripts, link letters, and other consumer facing materials to ensure the appropriate disclosures are clearly and conspicuously communicated.

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.

Influencer/Word of mouth Marketing

  • We assist clients with their influencer marketing programs. We draft agreements with the influencers, and we help clients implement guidelines for influencer activity on all platforms. In addition, we help our clients launch refer a friend and viral marketing campaigns. We devise risk mitigation strategies that protect our clients as third parties talk about their brands.

Telemarketing

  • We work with every aspect of our clients’ telemarketing campaigns, from concept to telemarketing script, to avoid litigation pursuant to the TCPA, the Telemarketing Sales Rules and similar laws.

Targeted Regulatory Issues

  • We counsel on marketing to children, geographical origin 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.

Corporate Social Responsibility (CSR)

  • Today’s demanding consumer often wants to know how a brand is making the world a better place. We help clients make environmental and green claims, while avoiding legal risk. In addition, when our clients partner with charities, we advise on the range of regulatory issues involved with cause marketing. Our goal is to ensure that our clients promote their CSR efforts, while avoiding litigation and regulatory investigation.

Agreements and Documentation

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

Intellectual Property as Advertising

  • Our clients’ trademarks may convey advertising claims about their products or services. We examine our clients’ trademark portfolios to determine where their trademarks may require claim substantiation. We assess the risk of using such trademarks in a competitive landscape.

Litigation

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

International Campaigns

  • From influencer marketing to sweepstakes and contests to rights of publicity and trademarks, laws for advertising and marketing vary from country to country. We coordinate with a team of legal advisors around the globe to help our clients launch their international campaigns.

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