Clients across the advertising & digital media industries rely on M&R. Our in-depth understanding of and expertise in these sectors, coupled with our robust East and West Coast presence, uniquely positions us to service traditional advertising, creative and media buying agencies, advertisers, media outlets, ad-tech companies, internet publishers and other content providers.
We counsel companies like these in virtually every aspect of their operations and represent them throughout the digital ecosystem. To do so most effectively, our advertising & digital marketing attorneys constantly stay abreast of changing trends and developments, which allows us to expand our practice with each new technological innovation. In fact, M&R is sought after for advice and counsel on emerging technologies relative to the advertising & digital marketing spaces.
Our Advertising & Digital Media Group is comprised of attorneys with dedicated practices in corporate, regulatory, intellectual property and employment law as well as commercial litigation. Consequently, we are able to handle the myriad of issues facing companies in the advertising & digital media sphere, including, but certainly not limited to, clearances, financing, mergers and acquisitions, prosecuting and defending infringement and trade secret claims, employment matters, risk management, data privacy, and the legal and regulatory framework attendant to privacy laws. Likewise, the advertising & digital media pros at M&R negotiate and draft industry-specific agreements, work to safeguard clients’ intellectual property rights, advocate before regulatory boards, and protect client interests through civil litigation.
Areas of Expertise
Advertising Substantiation (including FTC compliance)
Agency Liability & Risk Management
Contests, Sweepstakes & Promotions
Direct Response Marketing (including associated agreements)
Endorsements & Testimonials (including disclosure requirements)
False Advertising Claims
Intellectual Property Protection & Litigation
Protection of Branded Entertainment
Social Media Marketing & Regulation
Telephone Consumer Protection Act (TCPA)
Successfully represented direct marketing agency in connection with allegations of false and unsubstantiated health claims in the dietary supplement market. Resolution included exoneration of client by the FTC.
Successfully defended a worldwide media buying agency in
a precedent-setting matter relating to the liability to media outlets. Litigated agency principles and the American Association of Advertising Agencies’ position on “sequential liability.” These legal theories have since been advanced in bankruptcy courts and other venues across the country.
Counseled well-known, multi-channel network regarding its agreements with endorsers and the implication of endorsement guidelines promulgated by the FTC.
Negotiated key agreements on behalf of a direct response marketing agency (including those with talent, a marketer and media outlets) relative to one of the longest running and highest grossing long-form infomercials.
Counseled promotions company on the legal framework of international sweepstakes, including online components and potentially “inherently dangerous activity.”
Negotiated, defended and resolved claims brought by state attorney general alleging an “illegal lottery” and lack of “second chance drawing” issues.
Devised the structure and created license agreements between building owners, media companies and advertisers for the country’s most famous building wraps and super graphics.
Negotiated licensing and business contracts for a popular graphic novel artist whose work was streamed online and featured in groundbreaking 3-D technology.
Drafted comprehensive media service agreements that incorporated recognized industry policies as determined by the American Association of Advertising Agencies (AAAA) and the Interactive Advertising Bureau (IAB). These contracts are now frequently used as templates throughout the advertising & digital media industry.
Advised on intellectual property and media issues related to viewer “opt-in requirements” triggered by audience participation through SMS and other mobile marketing techniques.
Advised marketer to the health care industry regarding HIPAA and “opt-in” requirements related to an online store and its associated marketing campaign.
Negotiated sponsorship agreements for national advertisers in airports, theme parks and event venues.
Represented internationally-recognized entertainment and branding company in numerous large-scale sponsorship deals for the New York Marathon and other high-profile entertainment projects.
Successfully represented direct marketing agency against false and unsubstantiated health claims in the dietary supplement market. Representation resulted in the settlement of claims brought by the FTC and NAD and total exoneration of client.
Represented direct response marketing agency in connection with the spokesperson cast in a highly-rated, long-form infomercial aimed at the fitness industry. Representation included the negotiation of profit participation, benefits and complex remuneration arrangements.