Matthew E. Smith is an associate in the Advertising, Marketing & Promotions; Entertainment, Media & Publishing and Technology, Digital Media & Privacy Practice Groups of Davis & Gilbert. He represents media companies, advertising agencies, promotions agencies, direct marketers, telemarketers and advertisers in connection with all aspects of advertising, promotions, marketing and telemarketing.
Mr. Smith's practice involves reviewing advertising copy, advising clients on a wide range of advertising issues, including environmental advertising claims and compliance with the FTC green guides, alcohol advertising and automobile advertising. He advises clients on false advertising, copyright and trademark issues and the rights of privacy and publicity, drafting and reviewing a vast array of industry-specific agreements, drafting and reviewing sweepstakes and skill contest rules.
Mr. Smith counsels clients on state and federal regulatory matters relating to telemarketing, direct mail, sweepstakes and skills contests, and charitable solicitations. He also coordinates filings for sweepstakes, the Foreign Agent Registration Act, commercial co-venture promotions, and motor clubs.
Before joining Davis & Gilbert, Mr. Smith was a litigation attorney at Shearman & Sterling LLP.
Publications
Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012
Co-Author, "FCC Adopts 'Robocall' Rules Tracking FTC's Standard," D&G Advertising, Marketing & Promotions Alert, February 2012
Co-Author, "FTC To Issue Mandatory Information Requests To Alcoholic Beverage Companies," D&G Advertising, Marketing & Promotions Alert, January 2012
Co-Author, "Circuit Court Upholds Challenges To New Jersey Gift Card Law," D&G Advertising, Marketing & Promotions Alert, January 2012
Co-Author, "California Suit Highlights Risks of Environmental Marketing," D&G Advertising, Marketing & Promotions Alert, November 2011
Co-Author, "Groupon Class Action Suits Challenge Online Coupon Business," D&G Advertising, Marketing & Promotions Alert, March 2011
Co-Author, "FTC Releases Proposed Revisions to Green Guides and Seeks Comments," D&G Advertising, Marketing & Promotions Alert, October 2010
Co-Author, "Advertising, Marketing And Promotions Law Year In Review," The Metropolitan Corporate Counsel, December 2008
Co-Author, "Do These Pants Make Me Look Green?," Green Biz, November 4, 2008
Co-Author, "Advertisers: Be Aware of the Legal Pitfalls of Going Green," Advertising Compliance Service, August 4, 2008
Co-Author, "FTC Reviews Green Marketing Guidelines," FTC: Watch, January 14, 2008
Co-Author, "Advertising, Marketing And Promotions Law Year In Review," The Metropolitan Corporate Counsel, December 2007
Co-Author, "eView From the Floor: FTC Focusing on Behavioral Targeting," eMarketingandCommerce, November 8, 2007
Professional Memberships/Affiliations
New York State Bar Association