Adam Z. Solomon

Adam Z. Solomon is a partner in M&R's New York office, where he represents clients in all aspects of advertising, digital marketing, promotions and compliance. Mr. Solomon 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. Mr. Solomon 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. Mr. Solomon 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.

Mr. Solomon 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.

Mr. Solomon 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.

Education

Mr. Solomon earned his J.D. from DePaul University College of Law, and received his B.S., in finance, from The Ohio State University.

Awards & Recognitions

Mr. Solomon 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, Mr. Solomon 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 and 2019. Prior to that, from 2013-2015, Mr. Solomon was included in the New York Super Lawyers Rising Stars list.

Representative Matters

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

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

Digital Media Holding Company: Represents 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: Coordinates 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: Represent 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. 

Headlines

Media Mentions

Publications

Past Speaking Engagements

Blog Posts

• Costco Takes Its Coffee with Cream and a Civil Penalty
  March 26, 2018
• Advertising Agencies Beware: Your Clients Aren’t The Only Ones On The Hook For FTC Violations
  February 14, 2018
• The Ultimate Trade-Off Now Being Offered by Verizon
  September 18, 2017
• FCC Approves New Privacy Rules for Broadband Providers
  November 16, 2016
• Washington AG Settles with Makeup Company Over Marketing Practices
  September 8, 2016
• NY Attorney General Tightens the Screws on Direct Marketing Industry
  July 25, 2016
• Warner Bros. Settles FTC Charges It Failed to Adequately Disclose Payments to Online Influencers
  July 13, 2016
• Julia Child Foundation Sues Airbnb for Using Her Name Without Permission
  June 27, 2016
• Mobile Advertising Company Settles FTC Charges It Tracked Consumers’ Locations Without Permission
  June 23, 2016
• National Retailer Settles FTC Charges It Deceived Consumers Through Paid Instagram Posts by “Fashion Influencers”
  March 16, 2016
• California AG Settles with Houzz Regarding Recording of Calls
  November 6, 2015
• FCC Brings “Contest Rule” into 21st Century with Update
  September 29, 2015
• AGs Reach $1 Million Settlement With Online Marketer of Pimsleur Language Courses
  September 3, 2015
• FDA is “Keeping up with the Kardashians’” Social Media Posts
  August 12, 2015
• Provisions in Contest Rules are Held Enforceable
  August 6, 2015
• Unlimited Means Unlimited: FCC “Throttles” AT&T Mobility for $100M
  June 18, 2015
• Crowdfunding Project Creator Settles FTC Charges of Deception
  June 11, 2015
• Ironman Promotion Gets ‘Bonked’
  June 3, 2015