Loeb & Loeb LLP

  • Established in 1909
  • Firm Size 420
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Marketing and Advertising Regulatory

Advertising and marketing today is regulated by a multitude of government agencies at both the state and national levels, as well as industry bodies and self-regulatory frameworks, which continually impose new and more stringent requirements for marketers. In this ever-changing and increasingly complex regulatory environment, Loeb & Loeb’s Marketing and Advertising Regulatory Practice offers proactive, knowledgeable counsel to help clients reach, serve and expand their markets utilizing both traditional and new media platforms. We work closely with our clients in the development and review of advertising and promotional materials to ensure compliance with the full range of legal and industry standards, and to avoid or overcome regulatory actions or investigations.
 
As rapidly evolving Internet and digital media platforms, new technologies and mobile applications enhance marketers’ ability to create and deliver more personalized, segmented solutions to customers, the market has witnessed the introduction of more and more local, state and federal laws designed to protect consumers, address privacy and data security implications of emerging media and marketing channels, and help individuals and businesses maintain control over their intellectual property and brand assets. Our multidisciplinary practice provides sophisticated risk management guidance to keep our clients out of harm’s way and help them develop best practices and procedures to conduct effective and legally compliant marketing campaigns of all types and across all platforms.
 
We advise clients on multimedia marketing initiatives that involve compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act and state anti-spam laws; applicable laws regarding collection and use of consumer information; FTC and state government false, deceptive or unfair advertising requirements; and issues regarding use of social media and consumer-generated content. We also counsel on regulatory issues involved with marketing to children, sustainability and green marketing, product labeling and other specific marketing practices.
 
Should regulatory actions or investigations arise, our experienced advertising disputes attorneys have expertise representing advertiser clients in all phases of litigation in state and federal court and in alternative dispute resolution. We also have extensive experience representing advertisers in proceedings before the National Advertising Division (NAD), the Children’s Advertising Review Unit (CARU) and other advertising industry self-regulatory bodies.
 
Our broad Marketing and Advertising Regulatory Practice capabilities include:
  • Compliance with the myriad local, state and federal consumer protection laws 
  • Consumer class action litigation and settlements 
  • FTC and state attorney general investigations 
  • Sweepstakes and contests 
  • Email marketing, text message marketing and telemarketing
  • CAN-SPAM and FTC and FCC rules and regulations
  • Behavioral and viral marketing 
  • Collection and use of customer data 
  • Privacy and data security 
  • Claim substantiation 
  • Sustainability and green marketing
  • Children’s marketing 
  • Mail order compliance 
  • Product placement and brand integration 
  • Negative options 
  • Customer incentives, including coupons, rebates and loyalty programs 
  • Gift cards and state abandoned property laws 
  • Club and membership-based marketing

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Diversity

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]

  1. Matter Budgeting and Financial Management

    • Does the firm establish formal budgets for client engagements? Yes
    • Are bills submitted electronically? Yes
  2. Quality Management

    • Does the firm conduct end of matter reviews? Yes
  3. Litigation General Best Practices

    • Does the firm have a formalized new associate litigation training/mentoring program? Yes
    • Does the firm's litigation department have a structured approach to early case assessment? For example: Does your firm implement a standard approach to determine risks and strengths early in a case to assess trial or settlement options? Yes
    • Does the firm have an established records management team to assist clients with records retention, compliance and litigation preparedness? Yes
  4. Litigation eDiscovery Best Practices

    • Does the firm have an established eDiscovery Committee? Yes
    • Does your firm have any educational programs designed to address the changing federal rules of civil procedure? Yes
    • Does the firm have a standardized litigation hold program in place for its clients? Yes
    • Does your firm have a standardized protocol to guide client data collection? (i.e. Maintaining chain of custody, utilizing forensically sound procedures) Yes
    • Does the firm have a standardized protocol to guide processing clients' edata? (i.e. all data produced in PDF, meta data preserved?) Yes
    • Does the firm have a standardized approach for document reviews across practice groups (i.e. established protocol for eDiscovery review depending on the needs of the case) Yes
  5. Vendor Management

    • Does the firm have preferred vendor relationships? Yes
  6. Knowledge Management

    • Does the firm have a knowledge management program? Yes
  7. Disaster Recovery

    • Does the firm have a disaster recovery plan in place? Yes

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