Practice Areas & Industries: Edwards Wildman Palmer LLP


Advertising, Marketing and Promotions Return to Practice Areas & Industries

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Practice/Industry Group Overview

Edwards Wildman’s Advertising, Marketing and Promotions practice has an international reputation for excellence. Leading global companies seek our trusted counsel from the inception of products and services to commercialization and promotion. Our lawyers are recognized as leaders in the evolving regulatory compliance and intellectual property arena, handling issues involving the convergence of advertising, media and technology including:

  • Multimedia, direct-mail and viral advertising campaigns
  • Contests, games, sales promotions and sweepstakes
  • Digital media and mobile marketing
  • Branded entertainment
  • Regulated industry advertising (e.g., insurance, food, nutritional supplements, cosmetics, alcohol)
  • Marketing directed to children
  • Comparative advertising and claim substantiation
  • Virtual currency and online payment systems
  • Social media and third-party platforms
  • Green marketing
  • Telemarketing and email marketing
  • Self-regulation schemes
  • Endorsements and testimonials
  • Web site and mobile app audits

Campaign Counsel
Our lawyers regularly review advertising copy, product packaging materials and labeling requirements and oversee campaign implementation. We provide counsel on state and federal laws related to gift cards, direct mail, telemarketing and email marketing campaigns, including CAN-SPAM and Telephone Consumer Protection Act (TCPA) compliance. In Europe, we advise on consumer protection regulations, misleading marketing regulations and self-regulatory schemes.

In addition, we regularly counsel clients on the application of the Federal Trade Commision’s (FTC) endorsement guides to blogs, social media and other online initiatives and are familiar with state restrictions for insurance companies and other regulated industries regarding advertising and promotions. We are also well versed in similar legislation and local practices in Europe and Asia.

Intellectual Property
We counsel clients on various intellectual property matters related to advertising and marketing, including:

  • Protection and enforcement of brand names, logos, trade dress and other marks
  • Asset sales, due diligence and acquisitions
  • Licenses and licensing programs
  • Rights of publicity
  • Legal issues related to user-generated content, including the application of the Digital Millennium Copyright Act and Communications Decency Act safe harbors
  • Data security/anti-piracy issues

Edwards Wildman handles a wide variety of sophisticated transactions, including the following:

  • Talent agreements
  • Sponsorship, branding and integration agreements
  • E-commerce
  • Development and production services
  • Distribution (affiliates and franchises) agreements
  • Ad and media buys and insertion orders
  • Software licenses and IT service agreements
  • Advertising, promotion and public relations agency engagements
  • Work-for-hire and invention assignments
  • Content licensing and acquisitions
  • Union and Guild obligations
  • Joint ventures
  • Licenses to use music, photographs and other copyrighted works

When challenges arise to our clients’ advertisements or other promotional materials or campaigns, our litigation lawyers have a depth of experience in representing clients in complex competitor disputes, including state and federal court litigation involving:

  • False advertising and unfair business practices
  • Trademark, copyright and domain name disputes
  • Right of publicity disputes
  • Consumer class actions (including claims involving alleged violations of privacy and consumer protection)
  • Antitrust/Competition Law complaints and enforcement

Regulatory Matters and Enforcement Actions
Our lawyers are well equipped to defend clients against claims by the Federal Trademark Commission (FTC), the National Advertising Division (NAD) of the Better Business Bureau (BBB), the BBB’s Children’s Advertising Review Unit (CARU), Food & Drug Administration (FDA) and Consumer Product Safety Commission (CPSC) matters as well as matters before State Attorneys General and local consumer protection authorities. Similarly in Europe, we have experience dealing with the UK’s independent regulator of advertising across all media, the Advertising Standards Authority (ASA) and bodies responsible for enforcement of radio and television advertising, the Office of Communications (Ofcom).

Sweepstakes, Contests, Games and Other Promotions
We handle all aspects of legal compliance for sweepstakes and contests, charitable promotions and co-ventures, raffles, crowd sourcing, coupons and loyalty programs. In addition, we advise on state registration and bonding issues, draft prize winner affidavits and releases and tax consequences for prize acceptance. We help clients comply with anti-lottery and gambling laws, direct mail regulations and promotion-related guidelines of social media sites and other platforms.

Privacy and Data Security
Edwards Wildman is a nationally recognized leader in privacy and data security law, most recently ranked in the 2013 Chambers & Partners USA Guide: National Privacy & Data Security and the 2013 US Legal 500: Media, Technology and Telecom: Data Protection and Privacy. Our work in this highly specialized area includes:

  • Legal and self-regulatory standards
  • Privacy and security policies and notices, corporate-wide compliance and training programs and breach notification programs
  • Security and data protection clauses for agreements with third-party vendors
  • Compliance with EU Safe Harbor standards and EU laws related to tracking technologies
  • Compliance with the Children’s Online Privacy Protection Act (COPPA)
  • Government inquiries and litigation involving privacy and security breaches