Adam Z. Solomon

Of Counsel

New York

T: 212.730.7700

F: 212.730.7725

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Full Bio

Adam Z. Solomon is Of Counsel in M&R's New York office, where he represents clients in all aspects of advertising, digital marketing, promotions and compliance. Adam advises digital agencies and advertisers regarding transactions for online and interactive advertising, programmatic media buying, mobile marketing, affiliate marketing, lead generation, data collection and usage, and behavioral advertising. He also counsels clients on social media and emerging products and technologies. Adam has substantial experience in negotiating and drafting complex online marketing, Internet and licensing agreements. He works closely with his clients on how to minimize the legal risks associated with online advertising and marketing.

He frequently counsels marketers and agencies on the structuring of sweepstakes, games and contests. Adam routinely drafts official rules, reviews and advises on advertising copy, handles applicable state registrations and drafts winner affidavits and participant releases. He has extensive experience in the area of international promotions.

Adam reviews advertising and promotional materials to help ensure compliance with substantiation requirements. Additionally, he carefully evaluates marketing campaigns and sales practices to ensure compliance with relevant state and federal law. He advises clients on developments in consumer protection laws and guidelines, and performs compliance reviews for companies involved in social media marketing, negative option marketing, telemarketing, direct mail solicitations, testimonials and endorsements, email marketing, and other marketing strategies.

Adam regularly represents marketers in connection with federal and state regulatory inquiries, investigations, and actions. He both initiates, and defends, challenges to advertising claims before the Better Business Bureau’s National Advertising Division (NAD). He also handles consumer and business litigation involving false and deceptive advertising issues, unfair competition, and intellectual property.

Awards & Recognitions

Adam has been selected as a Notable Practitioner by Chambers USA in the Advertising: Transactional & Regulatory section. Chambers hailed him as “a ‘terrific...lawyer’ who advises on all areas of advertising, marketing, promotions and compliance law,” and also noted his "deep knowledge and understanding of all issues involved with advertising, including direct marketing, promotions marketing, sweepstakes and contest law. In addition, when M&R's Advertising & Digital Media Industry Group was “Recommended" by The Legal 500 in 2018, Adam was specifically identified by the esteemed directory. Most recently, he was recognized for his work in advertising law by The Best Lawyers of America for 2018, 2019 and 2020. Prior to that, from 2013-2015, Adam was included in the New York Super Lawyers Rising Stars list. In 2019, he was included on the list of New York-Metro Super Lawyers.

Representative Matters

Application: Represented App developer in drafting Terms of Use and Privacy Policy, and compliance with developer terms.

Contest, Sweepstakes and Promotions: Represented many leading advertising, promotion and digital agencies in all aspects of contest, sweepstakes and promotions. Developed structure for promotions, draft rules and facilitates registration and bonding. Works on approximately 100 unique promotions annually.

Digital Media Holding Company: Represented leading digital media company in contract negotiation, business development and disputes with third parties.

Ecommerce: Represented online marketer to ensure proper disclosures were provided and billing consent was obtained.

Email Marketing: Represented online newsletter in creating email marketing compliance program.

FTC Defense Regarding Telemarketing Violations: Represented telemarketing service provider accused of making millions of deceptive calls to consumers.

FTC Defense Regarding Unauthorized Billing: Represented corporate and individual defendants in Operation Tele-PHONEY alleging deceptive telemarketing and unauthorized billing.

FTC Defense Regarding Unsubstantiated Claims: Represented marketer whose weight loss claims were challenged by the FTC as false and unsubstantiated.

International Promotion Compliance: Coordinated with an extensive network of foreign attorneys to ensure promotions comply with local laws and regulations. Worked on a contest for an internationally recognized singer that involved coordinating legal counsel in 12 international markets.

Marketing Practices: Represented Fortune 100 company to ensure marketing and business practices for its retail stores comply with federal and state laws.

Privacy: Advised marketer regarding data collection and sharing polices as well as draft privacy policy.

Programmatic Marketer: Represented programmatic marketing place that connected buyer and sellers and digital media.

Social Media: Represented numerous companies in structuring multi-platform social media campaigns to promote their products. As part of these projects, drafted social media policies and advised on how to comply with relevant FTC regulations.

Sponsorship Agreement: Represented global fashion company in sponsorship agreement with major financial institution.

State Attorney General Defense: Represented marketers in response to investigations and actions brought by Attorneys General. Specifically defended an Internet service provider, in connection with “Operation Clean Turf” which was a high-profile investigation brought by the New York Attorney General.

TCPA Compliance: Provided advice to advertiser on how to obtain consent to comply with TCPA’s requirement.