Advertising, Marketing & Promotions

Loeb & Loeb’s Advertising, Marketing and Promotions lawyers are at the leading edge of today’s technology-driven, continuously evolving, heavily regulated multibillion-dollar advertising industry. As the traditional print, radio and television advertising of yesterday has given way to a more dynamic space, our lawyers help brands and businesses navigate this changing landscape with easy-to-understand yet strategic advice.

Global consumer brands; entertainment, technology and media companies; and their advertising, media, public relations, digital and promotions agencies rely on our team not only for its knowledge of the law and its business savvy but also for its proactive, practical, fast and creative solutions.

By deliberate design, our team is composed of lawyers with the industry knowledge, legal acumen and distinct skill set required to fully service our clients’ advertising, digital marketing, technology, privacy and entertainment needs. With lawyers drawn from disciplines across the firm and offices across the country, we tackle our clients’ complex challenges with an integrated approach and solutions that make the most sense substantively, economically and logistically.

As technology continues to shift how media is experienced and consumed through new devices, platforms and content categories, our multidisciplinary team of lawyers embrace these changes and ensure our clients are a step ahead of the next big thing. With extensive know-how in advertising, entertainment, traditional intellectual property, software and technology, and privacy, we handle some of the most sophisticated matters related to artificial intelligence (AI), fintech, blockchain, cryptocurrency, digital tokens, non-fungible tokens (NFTs), decentralized autonomous organizations (DAOs) and the metaverse.

Our guidance is designed to keep our clients off the radar while ensuring compliance with federal, state, and local laws and regulations, as well as with standards imposed by self-regulatory organizations. We invest heavily in understanding our clients’ businesses, their goals and strategies, and their approach to risk.

Our approach: We don’t say no; we ask how. We work with clients to build solutions that reflect their risk tolerance, strategic objectives and core values.

Our capabilities span both traditional and digital media channels, encompassing the following areas:

Compliance with applicable laws, self-regulating organizations, television networks, applicable unions and best practices
Product and service claims substantiation
Training for in-house legal, marketing and product development teams

Compliance with laws and state regulatory requirements
In-house training on promotional strategies

Control and approval, intellectual property issues, platform requirements, indemnification, and other protections as well as exclusivity issues
Compliance with Federal Trade Commission (FTC) and other industry guidelines with respect to influencer marketing, acceptable forms of disclosure, monitoring, and the acceptable collection and use of customer data
Social, digital and new media, and influencer contracts

Expiration, termination of unclaimed property and escheatment issues

Advertising, promotions, fulfillment, public relations, event and cause marketing agency agreements for local, national and global projects
International media agency and technology agreements, including media buying, planning and placement; SaaS and PaaS; programmatic advertising services; targeted advertising; and cloud-based platforms
Agreements in connection with data-driven marketing and e-commerce

Advertiser-developed entertainment and educational programming
Sponsorships and tie-ins with sports, music, television and film opportunities
Celebrity endorsement agreements

Federal Lanham Act litigation involving allegations of misleading and deceptive advertising
Consumer class actions
National Advertising Division (NAD) and other self-regulatory actions
FTC and state attorneys general investigations
Disputes involving copyright and trademark issues in advertising

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
Telephone Consumer Protection Act (TCPA) and Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) email privacy issues

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

Screen Actors Guild-American Federation of Television and Radio Artists commercial contracts (and related agreements)
Negotiations and arbitration proceedings
Pension plan audits

Charitable co-venture, professional fundraiser and professional solicitor state registration services
Applicable charitable solicitation and fundraising rules and applicable tax laws
Better Business Bureau standards and federal and state laws governing false and misleading advertising regarding these initiatives

NFT and digital token matters such as providing counsel on the creation of NFT/digital token platforms and individual NFTs/digital tokens; hosting related internal training events; and providing counsel on a myriad of issues including intellectual property, securities, promotions, charitable matters, social media and risk reduction techniques
Metaverse matters including advising and negotiating on contract terms with platforms and artists as well as influencer disclosure issues, advertising placement and children’s advertising matters
AI matters such as providing advice on the use of various Generative AI platforms and tools, music-related issues, deep fakes/talent/union issues, intellectual property risks, transactional matters, and privacy implications.