Advertising, Marketing and Digital Media

National Advertising Division (NAD) challenges, federal and state regulatory investigations, consumer class actions, and Lanham Act litigation

• Represented a leading social network in a landmark case brought by the FTC involving the application of the FTC’s Testimonial and Endorsement Guides to social influencer networks.
• Handled the first and several following cases brought by the FTC against companies engaged in negative option marketing under the Restore Online Shoppers’ Confidence Act, which applies to all online transactions involving any type of free trial, automatic renewal or continuity shipment program.
• Represented a major telecommunications company in connection with an investigation by numerous state attorneys general that established industrywide standards for the marketing of wireless services.
• Represented leading publishers in an investigation by numerous state attorneys general challenging the companies’ practices of automatically renewing subscriptions.
• Represented major entertainment companies in an industrywide class action challenging a text message sweepstakes as violative of federal and state lottery laws.
• Successfully challenged advertising by several competitors on behalf of a leading wireless carrier at the NAD, requiring the competitors to discontinue their entire national advertising campaigns.
• Represented a leading lawn and garden products company in connection with a challenge to competitive advertising before the NAD.
• Represented a leading online tax preparation service in a Lanham Act suit brought by a competing brick-and-mortar company.
• Managed a large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.

Compliance counseling

• Represented a leading ad tech company in connection with the creation of industrywide digital ad measurement standards and associated open-source measurement technology for a coalition of interested parties under the umbrella of a leading ad industry trade organization.
• Advised a leading video game publisher in connection with the establishment of an esports tournament and related community-sponsored tournaments.
• Counseled mobile and online publishers as well as advertising networks and exchanges regarding U.S., Canadian, EU and other international privacy and data protection issues (in cooperation with local counsel), including consumer tracking and ad targeting.
• Counseled dozens of online and mobile services regarding compliance with the Children’s Online Privacy Protection Act and children’s advertising rules.
• Represented major brands in multiple sponsorships of national pop music tours (including, on some, branded entertainment cable TV and/or webcast specials) and related activation (e.g., Miley Cyrus, Jonas Brothers, One Direction).
• For a promotion marketing agency and its client, advised on the structure of an augmented reality mobile phone promotion conducted with a hotel chain.
• Advised pharmaceutical, medical device and cosmetic companies on advertising claims that required the assessment of clinical trials.
• Counseled clients on FDA and U.S. Department of Agriculture approvals for products directly or indirectly added to food and feed.
• Helping several large consumer products companies prepare to launch CBD oil products.
• Advised a consumer magazine and digital publisher’s native advertising unit on the development of best practices to ensure compliance with the FTC’s native advertising guidelines.

Transactional

• Negotiated and documented the multimillion-dollar spokesperson and commercial engagement of an A-list movie star (and obtained a first-of-its-kind Screen Actors Guild pension, health and welfare cap term extension equal to the period of the airing hiatus) for a major international bank and advised on various related activation campaigns.
• Structured and negotiated spokesperson and commercial deals with major talent for a national fitness club, a mobile phone carrier and others.
• Negotiated lead NASCAR sponsorships for major brands and advised on related activation.
• Negotiated A- and B-level above- and below-the-line talent deals for TV and film productions, as well as financing and distribution arrangements for those productions.
• Structured agreements for an international beverage company to create a GPS app that helps customers find vendors selling certain beverages.