Kyle-Beth Hilfer leads the firm’s advertising and marketing practice. She has over twenty-five years’ experience providing legal counsel to advertising, marketing, promotions, intellectual property, and new media clients. Ms. Hilfer helps clients launch their advertising and marketing campaigns, including all forms of social media, digital, and mobile marketing. She offers strategic legal advice that ensures clients’ regulatory compliance and intellectual property protection while allowing them to maintain competitive marketplace positions. In addition, Ms. Hilfer is an experienced neutral for the American Arbitration Association, and she brings her conflict resolution skills to negotiations on her clients’ behalf.
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.
Ms. Hilfer is an Arbitrator with the American Arbitration Association (Commercial, Intellectual Property, and Large Complex Case panels). She serves on the Board of Advisors for the Luxury Marketing Council of Connecticut-Hudson Valley. In addition, at the Westchester County Bar Association, Ms. Hilfer serves as Chair of the Business & Commercial Law Committee and Member of the Intellectual Property, and Alternate Dispute Resolution Committees.
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 Collaborative 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
Ms. Hilfer holds a B.A. from Yale College (summa cum laude, Phi Beta Kappa) and a J.D. from Harvard Law School (cum laude).