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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 | 02.11.26

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

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....

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Insights

Client Alert | 3 min read | 02.11.26

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

Firm News | 3 min read | 02.03.26

World Trademark Review Ranks Crowell & Moring in WTR 1000 2026 Guide

Speaking Engagement | 01.27.26

"Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign," ACI's 9th Annual Legal, Regulatory, and Compliance Forum

Webinar | 01.22.26

Recall Execution Bootcamp: Practical Skills for Fast-Track Recalls

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Professionals

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Insights

Client Alert | 3 min read | 02.11.26

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

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....

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Practices

Contacts

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Insights

Client Alert | 3 min read | 02.11.26

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

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....

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