Loeb & Loeb LLP

Advertising, marketing and promotions make up a dynamic and heavily regulated multibillion-dollar industry, and clients around the globe – from Fortune 500 companies and direct marketers across all industries to leading advertising and promotions agencies, entertainment and media companies, and technology providers – rely on Loeb & Loeb to provide unparalleled legal services in this area.

Our experienced and dedicated attorneys negotiate and draft agreements and counsel clients on a wide array of advertising and marketing campaigns, making sure they comply with network standards; local, state and federal laws; industry guidelines; and changing best practices. We are at the forefront of today’s digital media trends and technologies, and our attorneys are leaders in putting together innovative technology-enabled transactions and creative campaign solutions involving mobile marketing, branded entertainment, user-generated content and social media, text messaging promotions, viral marketing, advertiser-created channels, online promotions, international marketing and promotions, and multiplatform integrated campaigns.

We keep clients up to date on the rapidly evolving privacy and data security regulations governing consumer marketing and advertising, and we work with them to license and protect their intellectual property and worldwide brand assets. We also provide 50-state surveys and frequent updates on highly regulated marketing and promotions programs such as gift cards, rebates and promotions co-sponsored with charities. Clients also count on us for knowledgeable and aggressive representation when disputes arise with competitors and when regulators inquire into advertising or promotions campaigns. 
Our capabilities span both traditional and digital media channels, encompassing the following areas:

Clearance of Advertising and Promotions Materials

• Compliance with federal, state, and local laws and regulations; self-regulating organizations; and television network standards
• Product and service claims substantiation

Internet, Mobile and Social Media

• Mobile alerts, offers, banking, payments and other initiatives
• Targeted/behavioral advertising
• Technology licensing and agreements with vendors, aggregators and carriers

Sweepstakes, Contests, Games, Loyalty Programs and Other Promotions

• Development/review of rules, terms of use and disclosures
• Sponsorship, tie-in and promotion agency agreements
• Eligibility, liability and publicity releases

Prepaid and Gift Cards

• Expiration, unclaimed property and escheatment issues

Advertising Litigation, Arbitration and Regulatory Actions

• Federal Lanham Act litigation involving allegations of misleading and deceptive advertising
• Consumer class actions
• NAD and other self-regulatory actions
• FTC and state attorney general investigations
• Disputes involving copyright and trademark issues in advertising

Privacy, Data Collection and Data Optimization

• Privacy policies and compliance counseling
• Data optimization and behavior-based advertising
• Security breach notification, incident response programs and international data protection
• Children’s Online Privacy Protection Act (COPPA) issues

Media

• International media purchase and sale agreements across multiple channels
• Upfront incentive and added-value agreements with publishers and platforms

Branded Entertainment and Product Placement

• Advertiser-sponsored programming
• Funding and sponsorship of tours and other events

Direct Mail, Telemarketing and Email Marketing

• Telephone Consumer Protection Act (TCPA) and CAN-SPAM email privacy issues

Green Marketing

Intellectual Property

• Protection and enforcement of copyrights, trademarks, service marks, trade names and trade dress
• Patent prosecution and litigation
• IP and technology licensing transactions
• Rights of privacy and publicity

Talent, Music and Production Agreements

• Celebrity endorsements and spokesperson agreements
• Commercial production agreements
• Joint promotion agreements
• Music and property licensing agreements

Guilds and Unions

• Negotiations and arbitration proceedings
• Pension plan audits

At Loeb & Loeb, our commitment to fostering and maintaining a diverse workforce is as important as our commitment to every client, case and transaction. Our inclusive environment and consideration of varied perspectives are essential to creating the best solutions for our clients, and integral elements of our success. It’s just another way: Loeb& Loeb adds Value.
Driving our diversity initiatives are the attorneys and staff who serve on our Workplace Diversity and Inclusion Committee. The mission of the Workplace Diversity and Inclusion Committee is to advance diversity awareness within the firm, establish firm-wide policies and initiatives that support our commitment to maintaining a diverse workforce; foster understanding, communication and respect; and promote an inclusive workplace environment that utilizes the talents of attorneys and staff of all race, color, national origin, ethnic and cultural background, religion, sex, age, medical condition or disability, citizenship, gender identity or expression, sexual orientation or preference and marital, veteran or family status. At Loeb & Loeb we believe drawing on the talents of a diverse pool of attorneys and staff creates a workplace environment that allows us to attract and retain a diverse workforce and to serve our clients more effectively and creatively as a result.
Recruiting and Retention
The Workplace Diversity and Inclusion Committee assists and monitors Loeb & Loeb’s ongoing efforts to promote and achieve its diversity goals, especially the goal of meaningfully increasing the representation and retention of women and minority lawyers at all levels of the firm. The committee advises firm management regarding procedures for enhancing the recruitment, retention and promotion of diverse attorneys, and provides input on ways to integrate diversity goals into everyday decision-making, policies and management practices.
Affinity Groups
Loeb & Loeb attorneys and staff members are active in four affinity groups: Attorneys of Color, LGBT, Women and Parents. These groups provide a voluntary support network designed to create a more inclusive culture, enrich the work environment, and identify solutions and strategies that help the firm recruit, develop, advance and retain talented attorneys. Through thoughtful discussion of topical issues and identification of best practices, our affinity group members are able to drive meaningful change and promote a culture of collaboration and positive action.

Mentoring
Encouraging the professional growth and development of our attorneys is an important focus at Loeb & Loeb. It is key to the success of our attorneys, our firm and our service to clients. Our mentor program provides associates with the structure and framework needed to build skill sets and develop valuable professional connections. Through both informal and formal mentoring, senior lawyers share their experience, knowledge and insight to help guide associates on the path to become future firm leaders.

Community Outreach
Our commitment to diversity is enhanced by our active involvement as members and sponsors of several organizations that support and reflect our diverse society, such as the California Minority Counsel Program and Lambda Legal. We also participate in programs that promote diversity in the legal profession, including the recently expanded Judicial Intern Opportunity Program from which the ABA Section of Litigation places law students of color and those from disadvantaged backgrounds into judicial internships.

In addition, we are a signatory of the Diversity Statement and Policies promulgated by the New York City and Los Angeles County Bar Associations. Both of these initiatives call upon law firms to hire diverse incoming classes and to maintain this diversity as associates rise in seniority and are considered for partnership.

DIVERSITY ADDS VALUE!

To learn more about any of Loeb & Loeb’s diversity initiatives, we invite you to contact our Workplace Diversity and Inclusion Committee co-chairs:

Theresa Davis 
321 North Clark Street
Suite 2300
Chicago, IL 60654
312.464.3188
[email protected]

Channing Johnson
10100 Santa Monica Boulevard
Suite 2200
Los Angeles, CA 90067
Tel 310.282.2322
[email protected]

James Taylor
345 Park Avenue
New York, NY 10154
212.407.4895
[email protected]