Owning or managing a public relations business and creating and delivering world-class services requires an exacting mix of skills—strategic know-how, economic finesse and skilled professionals. Davis & Gilbert LLP combines a thorough understanding of the public relations industry with a broad spectrum of legal services, thus enabling our clients to achieve their business objectives.

We have served as advisors, advocates and thought leaders to the public relations industry for decades and are privileged to count numerous small boutiques and mid-size independent firms, as well as subsidiaries of global holding companies, among our clients.  The excellence, integrity, and efficiency our firm is known for extends to all of our clients--regardless of size.  For this reason, we are frequently called upon to collaborate with the leading industry trade associations, including the Counselor’s Academy of the Public Relations Society of America and the American Marketing Association.  In addition, we have served as General Counsel to the Council of Public Relations Firms since its formation in the mid 1980s. 

The cumulative success our practice has been due, in large part, to:

• Years of dedicated service to companies in the public relations, marketing, communications, and media sectors, as well as the trade organizations that support them; and

• Our ability to confront challenging situations with experience, foresight and an interdisciplinary approach. We draw on employment, corporate, intellectual property, and litigation professionals with an invaluable depth of experience resources from which our public relations clients benefit.

At the Forefront

Whether advocating on behalf of the industry in court or collaborating to develop industry-governing agreements, the firm’s attorneys are expert counselors, litigators, negotiators and strategic advisors.  We have worked closely with the Council of Public Relations Firms to spearhead the development of several areas, including:

• Agency/client agreements;
• Employee confidentiality and non-solicitation agreements (“code of conduct”);
• Non-disclosures agreements for use in connection with vendors, joint ventures and potential mergers and acquisitions; and
• Guidelines for handling client conflicts at public relations firms.

These model guidelines have been implemented by many agencies and customized to meet the objectives of specific client relationships.  In addition, we are currently working with the Council to develop “white papers” addressing such cutting-edge issues as billing practices, document retention policies, and the like.

Attorneys in the firm regularly serve as faculty on leading industry conferences (including the annual Critical Issues Forum in October 2004 and the Public Relations Agency Profitability Forum scheduled for January 2005), are media commentators, and also author legal columns and articles on a wide variety of industry and relevant legal topics.

Overview of Our Services

The Davis & Gilbert Public Relations Law Group provides a comprehensive range of services to clients--from the negotiation and documentation of complex employment and compensation agreements, practical advice in dispute avoidance and litigation, and handling all aspects of a firm’s acquisition or sale to advising on advertising and marketing issues and negotiating agency/client contracts.

Our specific areas of expertise include the following:

• Mergers & Acquisitions
• Employment
• Marketing, Communications, Media
• Litigation

Mergers & Acquisitions

No other law firm has handled more M&A transactions in the public relations industry than Davis & Gilbert.  Our extensive transactional experience in the marketing and public relations services industries means we are accustomed to the style and manner in which deals get done.  In particular, we understand (i) the current pricing and multiples paid in the industry, (ii) the balance between doing transactions which not only achieve an agency’s goals, but at the same time accomplish other business objectives, (iii) the intricacies of doing earn-out transactions, and (iv) that the most important assets in acquiring a public relations firm are its people.

We also have a unique understanding of the critical interplay to a potential seller of a public relations firm between the acquisition and the employment during the earn-out period and how best to protect the asset being sold.

Agencies regularly call upon us to assist in planning exit strategies, whether by a sale to key employees, a merger of equals, ESOP, or an outright sale to a third party.

Employment

Counsel and Advice

Because employee relations play an increasing vital role in the performance of any business, Davis & Gilbert provides complete counseling services in virtually very workplace-related area. Our ongoing work for public relations firms includes assisting in their compliance with varied regulations on a full range of issues, particularly discrimination, affirmative action and contractual restrictions.  In this area, we regularly conduct sexual harassment/sensitivity and best practices training to minimize objectionable conduct and legal liability, and we also prepare employee manuals and handbooks.

Employment Agreements

The challenge public relations firms face in structuring an employment arrangement is balancing an employee’s interest in compensation and security with its own interests, particularly its ability to terminate an employee with minimal financial and legal impact.  The legal provisions contained in an employment agreement touch on many areas of the law—employment, corporate, intellectual property, marketing, dispute resolution--and our multi-disciplinary approach effectively considers various critical aspects, which include:

• Structuring the offer letter, job description, and compensation arrangement;
• Advising on performance bonuses and equity compensation and severance arrangements;
• Assessing consequences of a change in control;
• Structuring intellectual property protection devices; and
• Advising on terminations, severance arrangements, and releases to reduce the risk of litigation.

Marketing, Communications, and Media

Up until the late 1980s, the approach to public relations communications was, essentially, “anything goes;” -- the First Amendment would protect all.  Based on how the courts have interpreted cases since then, savvy agency executives now realize that the “anything goes” approach can no longer hold.  Messenger liability for false or misleading statements, copyright and trademark issues, the blurring of the lines between advertising and editorial, all pose risk factors that agencies confront today. Davis & Gilbert is widely known for its preeminence in the areas of marketing, communications and media, and the firm’s attorneys are regularly called upon to review concepts, content, and the traditional and online ways in which messages are disseminated and promoted.  Our expertise extends to such cutting-edge areas as fair use, digital rights, online sweepstakes and contests, and cross-promotional arrangements.

Litigation

When disputes arise in public relations, they tend to involve employees, client (or former client) relationships, or business practices between and among business owners and third parties. Litigation can have a significant impact on any company’s ability to achieve its business objectives, and we work closely with clients to assess their options and make decisions consistent with their goals.  Our team of experienced litigators handles a wide variety of civil lawsuits and other disputes in court and other tribunals across the country.  In each case, we work to achieve the best possible result for our client, whether by victory in court, obtaining a favorable settlement or reaching an amicable resolution.