Ms. Hilfer works with clients on a broad array of advertising and marketing issues, including sweepstakes and contests, influencer marketing, user-generated content, premiums, rebates, negative option and advance consent marketing, loyalty programs, native advertising, cause marketing, and green marketing.. Representative matters include:
- Worked with major film studio on cause marketing campaign, analyzing commercial co-venture laws in the 50 states.
- Advised diversified multinational mass media and entertainment conglomerate on Federal Trade Commission (“FTC”) regulations, prize promotions, marketing initiatives, including loyalty programs, trading stamp laws, gift certificate laws, auto-renewal programs, refund policies.
- Advised global building systems company on green marketing programs.
- Counseled national fast food restaurant chain on native advertising, sweepstakes/contests, and cause marketing issues.
- Provided guidance to national fast causal restaurant chain on menu labeling requirements and sweepstakes.
- Advised international sports organization on its advertising initiatives, including copy review, sweepstakes advice, ambush marketing protection, and intellectual property protection.
- Counseled international media organization on CAN-SPAM, e-mail marketing campaigns, and native advertising issues.
- Advised app developer on advertising to children (COPPA compliance).
- Advised international building products company on B2B initiatives, including sweepstakes and contests.
- Opined on national cosmetics company’s sweepstakes/contests initiatives.
- Provided an international food company guidance regarding website copy clearance, agency contract review, and internal governance programs related to advertising and marketing campaigns.
- Counseled an international nutrition supplement company on social media content and third party copyright issues.
- Represented an international manufacturer/distributor of infection control products, opining on FDA/FTC requirements for advertising and challenging a competitor’s advertising.
- Advised a national manufacturer and distributor of children’s goods on interdisciplinary trademark and advertising issues, copy clearance, and claim substantiation.
Speaking Engagements; Articles
Ms. Hilfer’s recent speaking engagements include:
- Program Chair, “Legal Considerations for NY Franchises, Westchester County Bar Association (April, 2016).
- Speaker, “Building Your Brand: A Primer in Restaurant Law,” Citrin Cooperman Restaurant Roundtable (May 2015).
- Moderator and Panelist, “A Primer in Restaurant Law”, Westchester County Bar Association and Hudson Valley Economic Development Corporation (April 2015).
- Panelist, “Consumer Protection Update—February 2015,” American Bar Association Section of Antitrust Law Consumer Protection Committee (March 2015).
- Program Moderator, Speaker, “It Takes Two: Social Media Marketing and Legal Working Together,” National Restaurant Association (November 2014).
- Speaker, “Cause Marketing: Legal Lessons from the Ice Bucket Challenge Phenomenon,” The Luxury Marketing Council (September 2014).
- Program Moderator, Speaker, “Law & Order” (a discussion of hot topics in advertising, marketing and technology law), National Restaurant Association Show (May 2014).
- Program Chair, Moderator, Speaker, “Social Media Law: Branding & Employment Do’s and Don’ts,” Westchester County Bar Association (April 2014).
- Panelist, “The Social Media [R]evolution: Current Legal Trends and Hot Topics in Social Media,” New York Law School Advertising Law Group, (April 2014).
- Guest Speaker, “Art Licensing Info Ask” Expert Call (March 2014).
- Speaker, “The Law of Luxury: Protecting Your Brand While Driving Sales,” The Luxury Marketing Council (February 2014).
- Program Chair, Moderator, Speaker, “Critical Issues and Solutions for Privacy & Data Protection Laws,” Westchester County Bar Association (February 2014).
- Guest Speaker, “Social Media and Branding,” 3-part video series on YouTube, Turn & Burn and Digital CoCo (November 2013, January 2014, February 2014).
- Program Chair, Moderator, Speaker, “Social Media Law Skills Workshop: How to Advise Clients who Use Social Media,” The Association of the Bar of the City of New York (October 2013).
- Panelist, “Blogging, Friending & Tweeting: What Attorneys Should and Should Not Do,” The Association of the Bar of the City of New York (April 2013).
- Expert Roundtable Speaker, “National Labor Relations Board Reports on Social Media and Their Treatment of Intellectual Property Concerns,” 34th Annual Promotion Marketing Association Marketing Law Conference (November 2012).
- Panelist, “Real World Successes (and Lessons Learned) with Social Media,” The Advertising Club of Westchester (October 2012).
- Panelist, “The Evolution of Lawyers’ Ethics: Traps in Traditional Transactions and in the Use of Social Media,” Westchester County Bar Association (October 2012).
- Speaker, “Fearless Marketing: Key Legal Issues in Branding on Social Media,” Benchmark-NYC (May 2012).
- Panelist, “Blogging, Friending & Tweeting: What Attorneys Should and Should Not Do,” The Association of the Bar of the City of New York (February 2012).
Ms. Hilfer’s recent articles and other publications include:
- “Crazy for Fair Use,” The Intellectual Property Strategist (November 2015).
- “Legal Lessons from the ALS Ice Bucket Challenge,” LAWYER, Westchester
- County Bar Association, Vol. 1, No. 4 (December 2014).
- “Supreme Court Upholds Lanham Act Claim in Juice Wars,” The Intellectual Property Strategist (July 2014).
- “POM v. Coke Could Create a Juicy Precedent for Food Labels,” The Intellectual
- Property Strategist (March 2014).
- “Branding in the Sharing Economy: Legal Implications for Intellectual Property & Consumer Outreach,” (Editor and Chapter Contributor) Collen White Paper (February 2014).
- “Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial,” Internet Law and Strategy (August 2013).
- “Fearless Marketing: Key Legal Issues in Branding on Social Media,” Social
- Media Monthly (January/February 2013).
- “Hot Topics in Advertising Law of 2013,” Westchester County Bar Association
- Newsletter (January 2013).
- “Buckyballs Lawsuit May Limit Use of Celebrity Name,” The Intellectual
- Property Strategist (January 2013).
- “Minimizing Risks for Clients Using Social Media to Advertise and Market Their
- Brands,” Westchester County Bar Association Westchester Bar Journal
- (Winter/Spring 2012).
- Social Media and the Law, (Tech Editor) published by Pearson Education (2012).
- New York State