Industry

Marketing +Advertising

We provide strategies to mitigate litigation and regulatory risks in marketing and advertising initiatives.

Responding effectively to consumer expectations requires persistent innovation across marketing, advertising, and digital experiences. Our international team provides real-time guidance and comprehensive strategies to help clients confront challenges and mitigate risks in connection with their ongoing marketing and branding efforts.

From industry leaders to emerging growth companies, we advise a diverse range of clients on growing and protecting their brands. Our attorneys help clients in the U.S., UK, and Europe navigate international, federal, and state regulatory landscapes, including the U.S. Federal Trade Commission (FTC) and Food and Drug Administration (FDA) guidelines, as well as the UK’s Advertising Standards Authority and the Office of Communications (Ofcom) for radio and television advertising enforcement. Our team offers in-depth knowledge on market norms, survey construction, and evidence substantiation to support claims, which are crucial in private dispute resolution.

We assist clients in quickly deploying impactful marketing campaigns, engaging influencers, collecting and using customer data in accordance with privacy laws, and entering into strategic intellectual property (IP) licenses and relationships. Our attorneys with clients in areas such as:

  • Auto-renewal and auto-pay policies
  • Billing practices
  • CAN-SPAM Act requirements and implications
  • Comparative advertising, claim substantiation, and defense
  • Compliance with deceptive trade and unfair practices laws
  • Digital marketing
  • Door-to-door sales compliance
  • Endorsements, testimonials, and sponsorships
  • Gift cards and escheat
  • IP matters
  • State telemarketing compliance
  • Sweepstakes, contests, and other customer engagement programs
  • TCPA, COPPA, CCPA
  • UDAP matters, including arbitration and demand letters

Our trial team provides substantial insights to help clients avoid litigation and mitigate risk. When litigation is unavoidable, we offer an effective defense in state and federal courts, and before key administrative agencies such as the FTC, and state attorneys general offices. Our experience includes defending clients in FTC enforcement actions, multistate actions under state UDAP laws, and litigation involving false pricing claims.

Our highest goal? Achieving yours.

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