BakerHostetler is at the forefront of tech-driven regulatory issues including behavioral and targeted advertising, evolving privacy laws, and related agreements. The group has particular expertise in the intersection between advertising and data and privacy branches, which continues to secure new clients from various industries. Amy Mudge leads the advertising, marketing, and digital media team from Washington DC and has extensive experience handling a breadth of matters ranging from investigations prompted by regulatory bodies including the FTC and NAD, to ESG and influencer marketing. She is also regarded for her work on the use of AI in advertising, junk fees and pricing, and health claim substantiation. In New York, Linda A. Goldstein is a vital member of the team due to her deep knowledge of complex transactions and the federal and state regulatory environments. She is an eminent figure in the technologies space for her work pertaining to AI, NFTs, the metaverse, and blockchain. Other notable names include Daniel Kaufman and John Ferry, both of whom are based in Washington DC. Kaufman, a former Acting Director of the FTC’s Bureau of Consumer Protection, is known for handling regulatory compliance and civil investigative demands.
Advertising and marketing: transactional and regulatory in United States
BakerHostetler
Praxisleiter:
Amy Mudge
Weitere Kernanwälte:
Linda A. Goldstein; Daniel Kaufman; John Ferry
Kernmandanten
American Beverage Association
Chick-fil-A
Colgate-Palmolive
Danone
Etsy
Henkel
WK Kellogg Co.
Kickstarter
Kraft Heinz
Netflix
Pokémon
Publishers Clearing House
S C Johnson & Son
Sears
TikTok
Volkswagen
Walmart
WPP
Highlight-Mandate
- Advised FTC for Publishers Clearing House in connection with an investigation relating to the content of its solicitations, its data privacy practices, and its activity as a publisher that allows third-party advertising.
- Represented Hey Dude Shoes in an investigation by the FTC regarding compliance with the Mail Order Rule.
- Represented the American Beverage Association after it received an unfavorable decision from the NAD regarding its green claims.
Davis+Gilbert LLP
Davis+Gilbert LLP covers a myriad of transactional and regulatory work spanning prosecution and defense in competitive, regulatory, and reputational cases, as well as in emerging areas such as generative artificial intelligence and IP-related risks. The group represents impressive clients from a range of industries, including household name brands. Practice co-chair Ronald Urbach has extensive experience representing clients before governmental and regulatory bodies including the NAD, NARB, and FTC. Richard Eisert, co-chair of the firm, specializes in the technology sector and covers e-commerce, IP, and privacy law. Another key name in the firm is Howard R Weingrad who handles content review and production, celebrity endorsement and talent engagement, and pre-litigation IP and contract dispute resolution. Allison Fitzpatrick is recognized for her expertise in digital media including social media, influencer marketing, and native advertising. Aaron Taylor plays a pivotal role in the firm, regularly challenging and defending false advertising claims. Both Paavana Kumar and Samantha Rothaus were promoted to partner in January 2023, and they focus on advertising campaign matters and IP, respectively. Associates Louis DiLorenzo and Alexa Meera Singh are notably involved in advising on regulatory requirements. All individuals mentioned are based in New York.
Praxisleiter:
Ronald Urbach; Richard Eisert
Weitere Kernanwälte:
Allison Fitzpatrick; Aaron Taylor; Howard R. Weingrad; Louis DiLorenzo; Paavana Kumar; Samantha Rothaus; Alexa Meera Singh
Referenzen
‘Davis+Gilbert is the best advertising firm in the country in my view.’
‘They know everything there is to know about advertising, and also everything adjacent to advertising.’
‘They are always responsive and business savvy- considering the business risks as well as the legal risks.’
Kernmandanten
Bridgestone Tires
Quantasy + Associates
Claire’s
Coty
Fiesta Restaurant Group
Little Caesar Enterprises
Avocado Mattress
Epson America
JM Smuckers
CBS Interactive
Wawa
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC offers comprehensive advertising and marketing transactional services as well as advice on regulatory compliance matters. The firm, based in New York, has experience in advertising production and media clearance, talent agreements and contracts, as well as sponsorships. Areas of recent growth particularly cover AdTech deals and advice on the use of influencers in social media campaigns. The team is co-chaired by Terri Seligman and Hannah Taylor – Seligman is highly regarded for representing clients in competitive advertising disputes before the NAD, broadcast networks, and state and local enforcement agencies, while Taylor’s concentration on media-related agreements and compliance matters has led her to frequently appear before regulatory bodies such as the FTC. Taylor’s experience in digital media, blockchain, and AI is central to the practice’s work in emerging technology. Candice Kersh specializes in structuring entertainment deals, negotiating talent agreements, and advising on advertising campaigns. Jeffrey Greenbaum is particularly noted for his prowess in advertising regulation, SAG-AFTRA issues, and clearance matters. Brian Murphy and Christopher Chase are active on cases relating to copyright, trademark, and rights.
Praxisleiter:
Terri Seligman; Hannah Taylor
Weitere Kernanwälte:
Candice Kersh; Jeffrey Greenbaum; Brian Murphy; Christopher Chase; Matthew Vittone
Referenzen
‘Provided practical and well-reasoned representation and advice.’
‘Frankfurt Kurnit is one of the most trusted names in advertising law.’
‘We have never had an experience with them that was anything less than prompt, courteous, and thorough.’
Kernmandanten
T-Mobile
Copperweld Bimetallics
Elysium Health
Casper Sleep
PepsiCo
BIC
Northwell Health
Loeb & Loeb LLP
Loeb & Loeb LLP works at the nexus between advertising, marketing, and technology, offering cross-functional services including counseling on advertising, marketing, media, IP, brand marketing, technology, and privacy law. The practice represents industry-leading clients from various sectors and is frequently involved in complex matters as well as cases relating to emerging areas such as cryptocurrency and NFTs. In New York, James Taylor is particularly adept at handling matters relating to adtech, technology-enabled transactions, media-related agreements, and privacy and data protection issues. Melanie Howard, based in Los Angeles, is a known name for her IP work and has extensive experience in the fashion, luxury, and retail sectors. On the front of technology-driven transactions is Amir Azaran, based in Chicago. He regularly advises on transactional matters pertaining to blockchain, cryptocurrency, and AI. The firm also benefits from the expertise of Chicago-based Brian Heidelberger who is concerned with advertising and promotions matters. Nerissa Coyle McGinn and Seth Rose are notable practitioners for their expansive knowledge of advertising and promotions, marketing campaigns, and IP. They are both based in Chicago. In New York, Kenneth Florin focuses on matters involving the convergence of advertising and promotions, as well as the use of innovative technologies and digital media. Chicago-based Caroline Hudson is an active member of the practice and represents clients before regulatory authorities including the NAD and Online Interest-Based Advertising Accountability Program.
Praxisleiter:
Melanie Howard; James Taylor; Amir Azaran; Brian Heidelberger
Weitere Kernanwälte:
Kenneth Florin; Seth Rose; Nerissa Coyle McGinn; Caroline Hudson; Elizabeth O’Neill
Referenzen
‘The ability to provide direct business actionable advice makes Loeb unique.’
‘They understand the business and the industry.’
‘Very easy to work with and good collaborators.’
Kernmandanten
VISA
SuperOrdinaryCo
Hudson’s Bay Company
UFC
Highlight-Mandate
- Advising Visa in advertising and sponsorship activations, including its global sponsorship with FIFA, the 2023 FIFA Women’s World Cup, and the 2023 NFL Super Bowl.
- Representing Hudson’s Bay Company in advertising, marketing and intellectual property matters.
- Representing UFC in various advisory and transactional matters, including the launch of their NFT collectible product, UFC Strike.
DLA Piper LLP (US)
DLA Piper LLP (US) is well known for its advertising and marketing practice, specifically relating to its work in structuring and negotiating global sports, entertainment, and digital marketing deals. The firm’s experience in branded entertainment and esports initiatives is central to supporting its predominantly sport and sport-sponsorship client base. Additionally, the group is involved in emerging areas such as NFTs and the Metaverse. Benjamin Mulcahy, based in Los Angeles, and Gina Durham, based in San Francisco, co-chair the team. Mulcahey is recognized for his focus on sports media, sports marketing, and entertainment marketing deals for global corporations. He is active in the intersections of entertainment, sports, and advertising, often representing clients in matters regarding rights and sponsorship deals. Associate James Stewart, based in Washington DC, is a valuable member of the team, specializing in celebrity endorsements, student-athlete and influencer agreements, and sports and event sponsorship agreements. He also has expertise in IP issues and contractual rights.
Praxisleiter:
Benjamin Mulcahy; Gina Durham
Weitere Kernanwälte:
James Stewart
Referenzen
‘DLA always puts together the right team for the matter at hand.’
‘I have confidence in the DLA team having the right skill set.’
‘This team has relentlessly pursued the best deals for their clients.’
Kernmandanten
Sazerac
Victor Wembanyama
Blue Diamond Growers
Ace Hardware
Venetian Las Vegas Gaming
Austin FC
Warner Bros. Discovery, Inc.
Vindex
Fox Corporation
Deloitte
Highlight-Mandate
- Represented a technology company in its sponsorship agreement with Manchester United Football Club.
- Represented a football club in its Stadium Naming Rights Agreement with Bank of Montreal.
- Represented Sazerac in its Agreement with country music star Chris Stapleton to create and market the new “Traveller” American Whiskey brand.
Reed Smith LLP
Reed Smith LLP offers comprehensive transactional and regulatory services to high-profile clients across a range of industries including national advertisers, consumer products, and quick service restaurants. The team is involved in representing clients before the NAD, NARB, and CARU, and in agreements. Stacy Marcus, based between New York and Los Angeles, leads the practice and specializes in entertainment and media agreements. New York-based Keri Bruce is a vital member of the group, focusing on a variety of matters ranging from IP to consumer protection. In Chicago, Jason Gordon represents mainly quick service restaurants and consumer packaged goods companies in advertising matters such as rights, trademark and copyright prosecution, and branding. Also based in Chicago, Monique Bhargava is a highly active practitioner and has expertise in the convergence of advertising and emerging technology, handling data privacy compliance and e-commerce transactional agreements. Other key members include New York-based Michael Isselin, who concentrates on talent agreements, and Chicago-based Idara Udofia who advises on media, adtech, and martech matters.
Praxisleiter:
Stacy Marcus
Weitere Kernanwälte:
Keri Bruce; Jason Gordon; Monique Bhargava; Michael Isselin; Idara Udofia; John Feldman; Robert Newman
Referenzen
‘Reed Smith is known as one of the best firms for good reason.’
‘They have a deep knowledge of the law as it relates to the ever-changing world of advertising.’
‘They have helped me and my team navigate numerous situations by providing expert guidance in a timely, concise manner.’
Crowell & Moring LLP
Crowell & Moring LLP has a robust offering, bringing together broad regulatory and product risk expertise with advertising counseling and disputes. The firm’s advertising and brand protection practice represents clients from a range of industries including private equity, consumer products, and energy manufacturing. It is co-chaired by David Ervin, based in Washington DC, and Holly Melton, based in New York. Ervin is highly regarded for his transactional experience, while Melton is recognized for her deep regulatory knowledge. She has extensive experience defending clients in investigations and enforcement matters initiated by the FTC, state attorneys general, and other local law enforcement agencies. The team also benefits from the expertise of New York-based Preetha Chakrabarti, who covers intellectual property transactions and diligence.
Praxisleiter:
David Ervin; Holly Melton
Weitere Kernanwälte:
Preetha Chakrabarti
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP’s practice provides services in advertising law, marketing, promotions, and privacy law, as well as representing clients in regulatory and transactional matters before the FTC and other government agencies. The team is led by Laura Riposo VanDruff, whose previous experience at the FTC Bureau of Consumer Protection makes her an adept attorney to handle regulatory matters pertaining to consumer protection, privacy issues, investigations, and enforcement actions. Other key active practitioners include Alysa Hutnik, Gonzalo Mon, Christie Grymes Thompson, and John Villafranco. Hutnik focuses on the digital and technology space, predominantly dealing with privacy and compliance matters. Mon concentrates on brand promotion and handles negotiating marketing agreements and resolving disputes before the NAD. Thompson is noted for her expertise in consumer protection matters which includes competitor challenges and product safety, while Villafranco specializes in defending and advising clients through investigations as well as before regulatory bodies. All individuals mentioned are based in Washington DC.
Praxisleiter:
Laura Riposo VanDruff
Weitere Kernanwälte:
Alysa Hutnik, Gonzalo Mon, Christie Grymes Thompson, John Villafranco
Referenzen
‘Having them represent us definitely gave us an advantage.’
‘They were able to give us relevant advice and guided us through the process efficiently.’
Kernmandanten
Quincy Bioscience
Ralph Lauren Corporation
Gerber Products Company
Resideo Technologies
Panera Bread
Nu Skin
Lornamead
QuinStreet
CVS Pharmacy
Total Life Changes
Bacardi
Genexa
Unilever
Verizon
Visible
Highlight-Mandate
- Represented Quincy Bioscience in challenges to its supplement in regulatory, counseling and litigation matters, including before the NAD and in an FTC investigation.
- Represented Ralph Lauren Corporation in two false advertising lawsuits.
- Represented Panera in Lee v. Panera Bread Co., a class action filed in the Eastern District of Michigan alleging deceptive subscription practices in connection with Panera’s Unlimited Sip Club.
Olshan Frome Wolosky LLP
Olshan Frome Wolosky LLP offers comprehensive regulatory and transactional services to a wide range of international clients. The firm has experience in representing clients in regulatory matters before the FTC and NAD and is notably active in emerging areas, particularly e-commerce, social media NFTs, and the use of AI in advertising. Practice chair Andrew Lustigman is known for his expertise in FTC compliance matters and FDA regulatory requirements, and he frequently represents clients in regulatory investigations. Scott Shaffer is also experienced in regulatory matters, primarily focusing on defending clients in FTC, FCC, and Attorney General matters. Associate Morgan Spina is active in federal and state government and regulatory investigations, as well as advertising agreements. All individuals mentioned are based in New York.
Praxisleiter:
Andrew Lustigman
Weitere Kernanwälte:
Scott Shaffer; Morgan Spina
Referenzen
‘Olshan Frome Wolosky LLP has a global presence.’
‘The firm is well-versed in the latest technology, including AI, and their versatility and innovative approach have greatly contributed to our success.’
‘Meticulous, focused, legally knowledgeable, extremely energetic, and very creative.’
Kernmandanten
Fareportal Inc.
Fooji, Inc.
Milk Makeup, LLC
Golfballs.com, Inc.
Housewares America, Inc.
Harbor Freight Tools, USA Inc.
North American Nutraceuticals
Pure Radiance, Inc.
Dow Jones & Company
Boost Oxygen
Highlight-Mandate
- Representing Fareportal providing ongoing advice relating to advertising and marketing practices, as well as handling competitor challenges against and on behalf of Fareportal.
- Advises Fooji on sweepstakes, contests, and related matters pertaining to “pop up” promotions.
- Advising Milk Makeup in connection with its advertising, regulatory, and intellectual property matters, as well as on “green” environmentally friendly claims.
Venable LLP
Venable LLP represents a broad range of clients including broadcasters, e-commerce brands, and financial services companies in predominantly regulatory matters. The firm has experience handling cases before the FTC, FDA, CFPC, and the US Supreme Court. Leonard Gordon, based in New York, chairs the practice and has particular expertise in government investigations, frequently representing clients before regulatory agencies and attorneys general. In Washington DC, Stuart Ingis specializes in privacy law, representing companies before the US Congress as well as other federal and state entities. Another key member of the team is Melissa Steinman, also based in Washington DC, who focuses on consumer protection issues, and has vast experience dealing with matters relating to marketing promotions, sweepstakes, and loyalty programs, while also being active in emerging technologies such as web3 and the metaverse.
Praxisleiter:
Leonard Gordon
Weitere Kernanwälte:
Stuart Ingis; Melissa Steinman
Referenzen
‘Venable provides a very business-oriented approach, resolving issues in a way that makes sense under the circumstances.’
‘Responsive, smart, proactive, and has a keen business sense.’
Kernmandanten
Playboy Enterprises International, Inc.
Noble Foods Inc
Community Management Corporation
Highlight-Mandate
- Represented Playboy Enterprises International, Inc. in an action against a group of counterfeiters using unauthorized websites and fraudulently registered entities to dupe consumers and prospective licensees into believing the defendants were affiliated with Playboy.
- Represented Community Management Corporation against a consumer class action alleging that CMC violated the Maryland Consumer Protection Act and the Maryland Consumer Debt Collection Act when it charged homeowners a convenience fee to pay their HOA assessments via its online platform.