Advertising & Marketing

InfoLawGroup® clients dream big and rely on us to always be ahead of the curve. We work with them to provide business-driven advice on all aspects of advertising and marketing - digital, traditional, and beyond.

Promotions

Our lawyers work daily on a variety of sweepstakes, skill contests, giveaways, games, charitable/commercial co-venture programs and other promotions. Clients rely on us for international, national and regional promotions and for those that raise complex and unique issues. We handle these from concept through execution, including the official rules and other participant terms, navigating third party platforms, copy review, releases, and other regulatory filings, including registrations and bonding. We coordinate with our network of international counsel for cross-border promotions.

Subscription and Membership Programs

We work closely with clients to design, launch, and run all types of membership and sales programs, including customer loyalty programs, private label credit card integrations, subscription and auto-renewal programs and other digital and offline continuity programs. We also advise on all aspects of ecommerce.

Advertising Compliance

We help our clients avoid deceptive advertising claims, manage risk and address third party rights issues. This includes claim substantiation for comparative advertising claims, product efficacy claims and environmental/green claims and advising on trademark, right of publicity and copyright issues. We counsel on retail pricing and sales frequency matters, coupons, rebates, gift cards, warranties and the use of "free," and other regulated words and phrases. We also advise clients who market in highly regulated industries, including alcohol, telemarketing/SMS programs, marketing to children and charitable promotions. We also represent challengers and advertisers in National Advertising Division (NAD) and Children's Advertising Review Unit (CARU) proceedings and counsel clients in connection with regulatory investigations (e.g., FTC and State AGs), nuisance lawsuit settlement negotiations and demand letters.

Digital

We understand both the technology and legal issues presented by digital marketing campaigns. We regularly advise on how to navigate the online ad ecosystem, including third party relationships and self regulatory programs (e.g., DAA and NAI), and we audit apps, web sites and marketing copy to identify legal compliance issues and third party platform requirements, including Facebook, Twitter, Android and iOS. We work closely with our clients on their email, SMS/MMS, telemarketing and other digital marketing programs.

Media Networks

We routinely assist publishers and advertisers with all aspects of the media buying process. Representative experience includes negotiating multi-million dollar media commitments for digital, traditional and omnichannel media buys, developing client-specific IAB addenda and advising publishers on the development and implementation of Ad Policies. Beyond media buys, we work with advertisers, tech solutions and major digital publishers, including social media platforms and retail media networks, on the full spectrum of transactional and compliance matters affecting the industry. InfoLawGroup attorneys have deep knowledge of the law, industry standards and self-regulatory regimes, including those from the DAA, IAB and NAI. 

Specially Regulated Industries

50 state compliance in highly regulated industries is a challenge. InfoLawGroup is well-versed in a variety of related marketing, advertising and promotional matters.   For example, clients in the alcoholic beverage industry rely on our attorneys to provide day-to-day counseling and advice to help marketing teams launch and advertise their products. A significant part of our practice consists of advising members of the alcoholic beverage industry on marketing trade practice guidance and federal and state “tied house” and “of value” compliance related issues.  We also interface with state and federal regulatory agencies both proactively and in response to client specific needs.  In addition, clients call on us to design and deliver organizational training materials for sales, marketing and other business teams, often acting as an extension of in-house counsel.

Cause Marketing

We help design, launch, and administer programs to benefit charities and charitable purposes. When for-profit businesses want to do good, compliance obligations can be triggered. We work closely with clients to set these programs up to avoid triggering those requirements or to help navigate them and comply. We have experience helping teams balance the nuances of complying with the timing and other interests of the marketing teams and other business units.

Policies & Training

We create and implement social media policies affecting endorsements, testimonials, blogging and the general use of social media and third party platforms. We work closely with internal teams to structure and monitor influencer programs. We draft and conduct internal training sessions and create tools for our clients on advertising and marketing issues.

Consumer and Other External Policies

We draft external facing privacy policies and other consumer disclosures and consents. We also assist in implementing updates to these policies and counseling the business team to ensure continued compliance with these policies.

Contracts

We draft and negotiate agreements affecting advertising and marketing campaigns, including ad, promotion, digital and PR agency agreements, media buying/planning agreements, branded entertainment and music licensing agreements, talent and spokesperson deals and strategic integrations. We also negotiate and draft contracts for online development and the service providers that power the campaigns, including web site and app creation, hosting and managing content and communications, software licensing and ecommerce solutions. Various types of coupon and rebate redemption and fulfillment agreements regularly come across our desks with major national coupon and rebate clearing houses.

Online Real Money Gaming

The gaming/gambling industry is constantly evolving and, especially in the U.S., companies beyond traditional game operators are getting involved.  Online real money gaming laws, licensing regimes and regulations are complex and extensive; they vary by state and by game type.  For example, the regulatory regime for offering or advertising daily fantasy sports is oftentimes different than the regulatory regime for offering or advertising online blackjack.  Moreover, the laws in the space apply to various players in the industry – yes, to the actual gaming operators, but also to the service providers, payment processors, affiliates, marketers and platforms that support gaming operators.

Our work with clients in the gaming space includes:

• Due Diligence for Business Partners. 

• Licensing for Operators, Vendors, Service Providers, Aggregators, Agent and Affiliates

• Contracts and Vendor Relationships

• Navigating Regulator Requirements

• Advertising Compliance