Practice Areas & Industries: Greenberg Traurig, LLP

 




Advertising, Marketing, Sweepstakes & Promotions Law Return to Practice Areas & Industries

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Practice/Industry Group Overview

Greenberg Traurig’s multidisciplinary team brings together attorneys with a wide range of counseling, regulatory compliance and litigation experience to advise clients on advertising, trade practices, marketing, sweepstakes and other sales promotion law issues and opportunities. In addition, we have deep experience in online technology, privacy and related matters, as well as critical relationships with key players in the entertainment industry, enabling our attorneys to provide clients with the business-oriented and dedicated counsel needed to thrive in today’s multimedia marketplace.

Counseling and Regulatory Compliance

We regularly advise national and international clients on virtually every aspect of federal and state law advertising and trade practice compliance. We also assist in structuring campaigns involving cooperative advertising, sweepstakes, contests, cause marketing, testimonials, rebates, coupons, gift cards and other techniques, to help our clients avoid problems before they arise.

Types of Projects:

  • Advertising review and substantiation
     
  • Advertising and promotional agency agreements
     
  • Celebrity, consumer and expert endorsements and testimonials
     
  • Charitable and cause-marketing programs
     
  • Contests, sweepstakes and promotions, both domestic and international
     
  • Email, CAN-SPAM, COPPA and privacy compliance
     
  • FTC, FCC and FDA compliance for advertising and product labeling
     
  • Green marketing compliance
     
  • Privacy compliance in all media and industries
     
  • Rebates, coupons and gift cards, including escheat compliance
     
  • Trade practice compliance, including pricing and other matters
     
  • Viral marketing and social media

Litigation

It is almost inevitable in today’s world of consumer class actions, regulatory scrutiny and competitor challenges that some campaigns will result in litigation. Our team of experienced litigators is familiar with the ins and outs of such cases and has demonstrated time and again a practical and effective approach to help our clients conclude litigation efficiently and effectively.

Entertainment, Technology and Privacy

Primarily through our Los Angeles, New York, Atlanta, Chicago, Silicon Valley and Las Vegas offices, we have a breadth of experience in entertainment, technology and privacy matters spanning the globe in television, film, music, online and mobile communications and technology. This multidisciplinary team is prepared to assist in many areas, including rights clearances, celebrity endorsements, product placements in entertainment programs, production deals, talent union negotiations, content licensing and intellectual property protection, and compliance with privacy laws.


 
 
Articles Authored by Lawyers at this office:

Price Advertising Claims Make a Comeback - As Class Actions
Ed Chansky,Irving Scher, September 10, 2014
In the 1950s and 1960s, many of the deceptive advertising cases brought by the Federal Trade Commission (FTC) and state attorneys general involved challenges to alleged “fictitious price advertising” by retailers. Indeed, the FTC determined that deceptive price advertising was so...

New Jersey Redefines Permissible Types of Pay-to-Play Skill Contests
Ed Chansky,Erica Okerberg, July 08, 2014
New Jersey recently amended its law on skill contests. The new law defines the types of skill contests where a payment can be required to enter. This change could affect operators of video game tournaments, fantasy sports leagues, or other competitions historically viewed as skill-based (and...

FTC Reminds Media to Perform a 'Gut Check' Before Accepting Weight-Loss Advertising
Justin J. Prochnow, May 19, 2014
The Federal Trade Commission (FTC) kicked off the year with a press conference to announce “Operation Failed Resolution,” which was initiated as part of the FTC’s ongoing effort to stop misleading claims for products promoting easy weight loss and slimmer bodies. In addition to...

Social Media Photo Contest Draws FTC Attention: Endorsement/Testimonial Guidelines Apply
Ed Chansky, April 21, 2014
The FTC recently conducted an investigation of shoe manufacturer Cole Haan's "Wandering Sole" photo contest. The investigation focused on compliance with FTC guidelines requiring disclosure of material connections between an advertiser and consumers who offer testimonials or endorsements...

FTC Chops 'Green' Plastic Lumber Claims and Diaper Claims That Fail to 'Pass the Smell Test'
Justin J. Prochnow, March 04, 2014
On October 1, 2012, the Federal Trade Commission (“FTC”) issued a revised version of its “Guides for the Use of Environmental Claims,” better known to many as the “Green Guides,” which describe the types of environmental claims that the FTC may find deceptive...

FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle
Irving Scher, February 11, 2014
Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how a Frontier can push a dune buggy up a steep...

FTC Announces Several New Initiatives to Target Deceptive Advertising Claims for 'Fad' Weight-Loss Product
Justin J. Prochnow, January 10, 2014
On Tuesday, January 7, 2014, the Federal Trade Commission (FTC) held a press conference to announce “Operation Failed Resolution,” a new initiative as part of the FTC’s ongoing effort to combat misleading claims for products promoting easy weight loss and slimmer bodies. The FTC...

'Natural' Target of False Advertising Class Action Escapes Liability
Ed Chansky, January 08, 2014
A recent decision in the Central District of California marks a victory for a company using the term “natural” to advertise its shampoo and lotion products. Balser v. The Hain Celestial Group, Inc., CV 13-05604-R, December 18, 2013 (dismissing complaint with prejudice).