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Advertising and Brand Protection

Overview

Advertising is essential for your business. It is also one of the largest sources of risk you face. Everyone is watching: consumers, competitors, regulators, and class action lawyers. Take too conservative a path and nobody will pay attention to your ads. Step over the line, and you may attract unwanted attention that could embroil your company in a costly investigation or litigation – not to mention possible reputational damage. The most successful businesses chart a path of maximum impact, investing in advertising claims that truly differentiate them, while successfully managing legal risk.

Whether your company’s goal is to manage and protect its brands and IP rights or to successfully resolve an FTC investigation, litigation, or NAD challenge (or avoid a dispute altogether), our attorneys can help. Prominent brands turn to our team to resolve their most challenging disputes, advise them on regulatory risks, and to help structure significant advertising matters and transactions.

Clients rely on us to apply our industry know-how and proven experience to their advertising campaigns, brand content production, and media investments. We advise our clients at every stage of the advertising production and distribution life cycle, including campaign ideation, talent negotiation, including SAG/AFTRA, content clearance and licensing, and media strategy and placement. We understand the cutting-edge issues facing marketers today, including native advertising, real-time marketing, programmatic, sponsored, and co-produced content, use of consumer reviews, and testimonials and endorsements. We also negotiate sponsorship, promotion and naming rights deals with sports leagues and teams, sanctioning bodies, publishers, athletes, entertainment properties, music artists, and celebrities.

Armed with deep industry knowledge and a tested awareness of the need for practical advice, our driving goal every day is to add real value and help reduce risks where brands are investing their marketing and media dollars.

Advertising

Enforcement and Counseling

State AG

The group consistently provides thoughtful and practical legal guidance.

— Chambers USA, 2020

Contacts

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Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners....

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Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

Publication | 04.14.26

Clicking All the Right Boxes: FTC Moves to Revive 'Click-to-Cancel' Rule Following Eighth Circuit Vacatur

Press Coverage | 04.11.26

Click-to-Cancel Subscriptions Rule Being Proposed by NYC Mayor Mamdani

Client Alert | 4 min read | 04.10.26

FTC Issues Five-Year Strategic Plan: What Businesses Need to Know

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Professionals

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Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners....

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Practices

Contacts

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Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners....

View All Insights