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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 | 2 min read | 06.11.26

Synthetic Performers, Real Consequences: Implications of Trailblazing New York AI Ad Law

On December 11, 2025, New York Governor Kathy Hochul signed S.8420-A/A.8887-B into law. This first-in-the-nation legislation, called the New York AI Synthetic Performers Disclosure Law, is intended to protect consumers and promote transparency in the age of AI advertising. This law represents a meaningful shift in the legal landscape for AI advertising. For the first time in any U.S. jurisdiction, the mere use of an AI-generated human likeness in a commercial advertisement triggers an affirmative disclosure obligation. The practical implications are significant, particularly for e-commerce retailers, digital advertisers, and agencies that have integrated AI-generated human imagery into high-volume creative workflows....

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Insights

Client Alert | 2 min read | 06.11.26

Synthetic Performers, Real Consequences: Implications of Trailblazing New York AI Ad Law

Firm News | 7 min read | 06.04.26

Crowell & Moring Secures Top Rankings in Chambers USA 2026

Press Coverage | 06.04.26

Is Pattie Gonna Get Out Of This? Patagonia's IP And PR Pickle

Press Coverage | 04.28.26

Look What You Made Her Do: Taylor Swift Files For Voice TMs

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Professionals

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Insights

Client Alert | 2 min read | 06.11.26

Synthetic Performers, Real Consequences: Implications of Trailblazing New York AI Ad Law

On December 11, 2025, New York Governor Kathy Hochul signed S.8420-A/A.8887-B into law. This first-in-the-nation legislation, called the New York AI Synthetic Performers Disclosure Law, is intended to protect consumers and promote transparency in the age of AI advertising. This law represents a meaningful shift in the legal landscape for AI advertising. For the first time in any U.S. jurisdiction, the mere use of an AI-generated human likeness in a commercial advertisement triggers an affirmative disclosure obligation. The practical implications are significant, particularly for e-commerce retailers, digital advertisers, and agencies that have integrated AI-generated human imagery into high-volume creative workflows....

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Practices

Contacts

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Insights

Client Alert | 2 min read | 06.11.26

Synthetic Performers, Real Consequences: Implications of Trailblazing New York AI Ad Law

On December 11, 2025, New York Governor Kathy Hochul signed S.8420-A/A.8887-B into law. This first-in-the-nation legislation, called the New York AI Synthetic Performers Disclosure Law, is intended to protect consumers and promote transparency in the age of AI advertising. This law represents a meaningful shift in the legal landscape for AI advertising. For the first time in any U.S. jurisdiction, the mere use of an AI-generated human likeness in a commercial advertisement triggers an affirmative disclosure obligation. The practical implications are significant, particularly for e-commerce retailers, digital advertisers, and agencies that have integrated AI-generated human imagery into high-volume creative workflows....

View All Insights