Advertising and marketing are key components to the success of any business.  They can also create potential exposure to attacks by regulators, competitors, and trial lawyers.  Our attorneys have decades of experience in making sure that clients’ advertising and marketing programs achieve client goals while minimizing risk.

We work closely with our clients’ legal and marketing professionals on pre-launch review to ensure that claims and comparative advertisements have been substantiated and that ads comply with all applicable laws and industry codes.  We regularly assist clients in designing and executing sweepstakes and other promotions, both through traditional means and on social media platforms.  Our attorneys represent clients before a broad range of law enforcement agencies, including the Federal Trade Commission, the Food and Drug Administration, state Attorneys General, and state and local consumer protection agencies, as well as self-regulating bodies such as the National Advertising Division, Children’s Advertising Review Unit, and the National Advertising Review Board of the Council of Better Business Bureaus.  We also advise clients on Lanham Act challenges to their own or their competitors’ advertising.

We also work with clients to ensure that advertising restrictions imposed by government do not impinge on commercial speech rights.  Our attorneys have represented clients in a number of First Amendment challenges to advertising laws all the way up to the United States Supreme Court.

Social media is a quickly evolving field that has proven to be of critical importance in marketing for both individuals and businesses.  The range of legal issues involving social media is broad, and our attorneys can help you navigate through them all.  From preparing social media policies and training materials to advising on unauthorized postings and negative online reviews for copyright owners, we have the experience to help you through this ever-changing area of law.

Our experience comes from having worked with clients who sell a broad range of products and services: communications and technology, consumer goods, OTC and prescription drugs, medical devices, food, gaming, alcohol and tobacco.  Our clients range from large publicly-traded companies to entrepreneurial start-ups.  Whether you seek to ensure the effective promotion of your products or services, test claims by a competitor, defend against an enforcement action, or challenge governmental restrictions on your ability to reach consumers, our knowledgeable advisors are prepared to assist you.

Related Professionals

  • Brand protection
  • Compliance with advertising codes
  • Consumer credit (including credit reporting, credit billing, and truth-in-lending)
  • Consumer protection/fraud defense
  • Direct marketing
  • Deceptive or misleading advertising
  • Endorsements and testimonials in advertising
  • Environmental “Green” marketing
  • False advertising lawsuits
  • First Amendment commercial speech rights
  • Food, drug, dietary supplement & cosmetic advertising
  • FTC investigations
  • Informercials, home shopping, direct response
  • Intellectual property and licensing
  • Internet, interactive & mobile marketing
  • Lanham Act challenges
  • Privacy Promotions
  • Rights of privacy and publicity and “image rights”
  • Social media
  • Spam and other solicitations over email, fax and telephone
  • Substantiation of claims
  • Surveys, clinical studies, consumer research
  • Sweepstakes, contests & promotional marketing
  • Technology law
  • Telemarketing
  • Telephone Consumer Protection Act (TCPA) Defense
  • Television clearance procedures
  • Unfair Trade Practice Laws