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Clients rely on Michelman & Robinson, LLP’s (M&R’s) experience and sophistication to keep up with the constantly evolving advertising and digital media industry.

We counsel industry clients in virtually every aspect of their operations, such as drafting and negotiating agreements between advertisers, agencies, and search and analytics companies; safeguarding our clients’ intellectual property rights; advocating before regulatory boards; and protecting our clients’ interests through civil litigation. M&R offers an interdisciplinary Advertising & Digital Media Industry Group with a large West Coast and East Coast presence, uniquely positioning us to service national clients that operate in diverse market sectors. We provide in-depth legal services to traditional advertising, creative, and media buying agencies; advertisers; media outlets; ad-tech companies; Internet publishers and other content providers.

We represent clients throughout the digital ecosystem, constantly staying abreast of changing trends and developments. We are nimble and forward thinking, and our practice continually expands with each new technological innovation.

We are particularly adept in advising and counseling companies on emerging technologies relative to advertising and marketing, helping them avoid the financial and regulatory risks and pitfalls so prevalent in the industry. Our Advertising & Digital Media Group, comprised of attorneys from our Intellectual Property, CorporateCommercial Litigation, Regulatory and Employment Practices, advises on a myriad of issues facing the industry such as clearances, financing, mergers and acquisitions, prosecuting and defending infringement and trade secret claims, employment matters and risk management. Additionally, we focus on data privacy, assisting clients with the legal and regulatory framework attendant to privacy laws. These include drafting privacy policies that contemplate new technology, cross-device tracking and internal best practices associated with consumer data.

An industry-focused firm, our attorneys immerse themselves in our clients’ world, and are involved with some of the market’s preeminent trade associations and events, including 4A's, Digital Place-based Advertising Association (DPAA), Direct Response Marketing Association (DRMA), Consumer Electronics Show (CES), Advertising Week, 212NYC and ThinkLA, among others.

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Areas Of Expertise

The following is a select sampling of our representative matters:

  • Advertising Substantiation: Successfully represented direct marketing agency relating to claims of false and unsubstantiated health claims in the dietary supplement market including settlement claims brought by the FTC and NAD. Resolution involved exoneration of client from claims brought by the FTC.
  • Agency Liability:  Successfully defended a worldwide media buying agency in a  precedent-setting matter relating to the liability of media buying agencies to media outlets, including litigating agency principals and the  American Association of Advertising Agencies’ position on “sequential liability”. We have successfully advanced these legal theories in bankruptcy courts and other venues across the country.
  • Digital media: Counseled well known multi-channel network relative to its agreements with endorsers and the implication of the FTC’s endorsement guidelines promulgated by the FTC.
  • Digital Media: Counseled well known multi-channel network relative to its agreements with endorsers and the implication of the endorsement guidelines promulgated by the FTC.
  • Direct Response Marketing: Negotiated all aspects on behalf of direct response marketing agency in one of the longest running and highest grossing long-form (“infomercial”) agreements, including negotiating with talent, marketer, and media outlets.
  • Financing, Production and Distribution Agreements: Represented film producers and production companies in securing rights to film projects and necessary financing, production and distribution agreements.
  • Games, Contests & Sweepstakes: Counseled promotions company on the legal framework of international sweepstakes, including online component and potentially “inherently dangerous activity.”
  • Illegal Lottery: Negotiated with defended and resolved claimed by state attorney general relating to claim based on “illegal lottery” and lack of “second chance drawing” issues.
  • License Agreements: Devised the structure and created license agreements between building owners, media companies and advertisers for country’s most famous building wraps and super graphics throughout the country.
  • Licensing and Business Contracts: Negotiated licensing and business contracts for a popular graphic novel artist whose work appeared streaming online and in groundbreaking new 3-D technology.
  • Media Service Agreements: Drafted comprehensive media service agreements incorporating industry policy as determined by such associations as the American Association of Advertising Agencies (AAAA)  and the Interactive Advertising Bureau (IAB), that are frequently used as templates in the industry.
  • Mobile Marketing: Advised on intellectual property and media issues surrounded initial viewer “opt-in requirements” relating to audience participation through SMS and other mobile marketing techniques.
  • Mobile Phone Music and Video Sponsorship: Represented globally-recognized music photographer and Production Company in mobile phone music and video sponsorship integration concept.
  • Outdoor Advertising: Spearheaded the business and legal aspects of the first large super graphics that wrapped entire sides of buildings, including those on the Sunset Strip in Los Angeles and in Manhattan. This included resolving issues with many constituent groups around the country and quelling political and public outcry. Today, these super graphics play a major role in advertising.
  • Privacy: Advised marketer to the health care industry HIPAA and “opt-in” requirements relating to online store and associated marketing campaign.
  • Product Placement and Integration: Drafted successful product integration agreement with Detroit automaker, mobile phone company, and multi-channel network for branded content-related programs to be run through the MCN.
  • Product Integration Agreement: Drafted successful product integration agreement between Detroit automaker, mobile phone company and multi-channel network for branded content-related programs that were run through the MCN.
  • Sponsorship Agreements: 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 high profile entertainment projects.
  • Substantiation Claims: Successfully represented direct marketing agency relating to false and unsubstantiated health claims in the dietary supplement market, including settling claims brought by the FTC and NAD, with the resolution including the total exoneration of client.
  • Traditional Media: Represented direct response marketing agency in placement of spokesperson in highly rated long form infomercial in the fitness industry including negotiating profit participation, benefits and complex remuneration arrangements.
  • Traditional Media: Represented direct response marketing agency relative to placement of spokesperson and highly rated long-form infomercial in the fitness industry, including negotiating profit participation, benefits, and complex remuneration arrangements.

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