Advertising, Marketing & Promotions

Providing effective counsel in the area of advertising, marketing, and promotions law requires a careful balancing of companies’ business requirements and regulatory concerns. Our depth of experience, and our active involvement in the digital marketing community, enables us to provide clients with comprehensive legal advice in these areas.

Services:

Drafting and/or negotiating network advertising agreements, insertion orders, agency/client agreements, content licensing agreements, sponsorship agreements, official contest rules and terms and conditions, SEO agreements, publisher and advertiser agreements, list management and other data management agreements, linking agreements, co-registration marketing agreements, and fantasy sports contest rules.

Performing advertising copy review and clearance, product claim support and substantiation, comparative claims review, advertising and marketing compliance audits, and formulation of internal compliance policies and procedures.

Advising clients on legal issues relating to ad networks and exchanges, demand-side platforms (DSPs), supply-side platforms (SSPs), real-time bidding (RTB) platforms, Internet and affiliate marketing, viral marketing, native advertising, electronic billing, credit, and billing practices, sweepstakes, contests, coupons and continuity programs, consumer subscription services, mobile marketing, virtual currency, social media marketing, use of testimonials and endorsements in advertising, online advertising campaigns (CPA, CPC, CPM, CPL), mobile applications, online lead generation, online behavioral advertising (OBA), search engine marketing (SEM), data collection and use, third-party ad serving,

Relevant Law:

FTC Act, Communications Decency Act (CDA), Lanham Act, CAN-SPAM, Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), gambling and state lottery laws, Deceptive Trade Practices Act (DTPA), IAB guidelines and best practices, DAA and NAI guidelines, Mobile Marketing Association (MMA) Consumer Best Practices, CTIA guidelines, National Advertising Division (NAD) guidelines, Children’s Advertising Review Unit (CARU) guidelines, Direct Marketing Association (DMA) guidelines.

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