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Richard S. Eisert is co-chair of the Advertising, Marketing & Promotions Practice Group and a partner in the Intellectual Property and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert.  His clients include new media, technology and telecommunications companies, traditional publishing entities, advertisers, and advertising agencies.

His traditional advertising/marketing law practice includes the review of advertising copy, advising with regard to issues such as claim substantiation, false advertising and related intellectual property and privacy/publicity issues, and negotiating and drafting a broad array of contracts, including agency/client agreements, media buying agreements, sponsorship agreements and strategic alliances.  In the new media area, his practice includes drafting and advising on contracts related to worldwide web sites, on-line advertising and commerce, and multimedia, software, music and technology licensing. Mr. Eisert's practice also includes advising on specific legal/regulatory issues that affect e-commerce, including privacy and the enforceability of electronic transactions. In the intellectual property arena, he advises on the protection, maintenance, and licensing of copyrights, trademarks, patents and trade secrets. 

Mr. Eisert also represents clients in advertising arbitration proceedings before the NAD and advises clients with respect to litigations and regulatory proceedings that arise in the advertising/intellectual property arena.  He also performs transactional due diligence and transfers of intellectual property in conjunction with corporate transactions such as mergers, acquisitions, financings, and securities offerings.  He has considerable experience negotiating complex technology ventures in high technology and telecommunications, including representing international wireless carriers in connection with their wireless data, entertainment, digital music distribution, and information services.

Mr. Eisert has been involved in several initiatives to standardize legal terms for conducting business on the Internet.  He served as a Law Clerk to the Hon. William C. Conner, in the Federal District Court for the Southern District of New York. While in law school, Mr. Eisert served as the Editor-In-Chief of the Harvard Journal of Law and Technology.

Mr. Eisert has been ranked as a leading advertising lawyer by Chambers USA: America’s Leading Lawyers for Business for eight consecutive years (2009-2016). He has also been recognized by The Legal 500 United States in the area of advertising and marketing (2009-2016) and data protection and privacy (2012-2016).

REPRESENTATIVE ENGAGEMENTS

  • Successfully defended one of the nation's largest advertisers in various proceedings before the NAD.
  • Represented several music entities in the acquisition and distribution (from both web-based and wireless platforms) of ring tone and full song downloads, including obtaining rights from all major record labels and developing and licensing associated technologies for both DRM-protected and DRM-free music distribution.
  • Represented a major wireless company in the development and launch of its groundbreaking video-on-demand service which provides for broadband access to news, entertainment and other video content on its 3G wireless network. He led negotiations with content providers such as Walt Disney Company, MTV Networks, ESPN, NBC, ABC, Fox, CNN and others.
  • Represented a large media client in negotiations with SAP and IBM to create a sophisticated customized version of SAP software for client's accounting and billing needs.
  • Represented a wireless company in negotiating an agreement with Microsoft to establish Microsoft as the multi-protocol data service provider and set the framework for the parties to create and co-market enterprise applications and software platforms for wireless devices. Also negotiated an agreement with Vodaphone for the creation, maintenance and hosting of a hub for the delivery of content to wireless communications devices via Short Message Service (SMS) Messages.
  • Represented a wireless carrier in its negotiation of agreements with OnStar, an affiliate of General Motors, to enable the nation-wide wireless capabilities of GM's telematics system known as OnStar.
  • Negotiated on-line advertising deals, from sophisticated co-branding and sponsorship agreements, to insertion orders for virtually any imaginable type of on-line inventory, including banner impressions, click-through arrangements, keyword purchases, the creation and acquisition of "rich-media" inventory, and various forms of highly targeted advertising inventory.
  • Represents dozens of entities in their negotiations with third party ad serving technology companies such as DoubleClick, Atlas DMT, and MediaPlex.
  • Represented a leading contextual and search-based advertising company, in all aspects of its business.
  • Represented companies involved in campaign management, search engine optimization, lead generation, analytics and affiliate marketing.
  • Represented a new media company in connection with the development of a new generation of wireless/mobile online communities.

SPEAKING ENGAGEMENTS

NYC Adtech.Connect, 2017: May, June

"What's Trending in Tech & Advertising," AdThink, 2017: March

NYC Adtech.Connect, 2016: March, June, September, November

"Mind Your T's and C's," Network Advertising Initiative Webinar, July 13, 2016

"Branded Entertainment as Value Added to Media Agency Deals," Association of National Advertisers/Brand Activation Association’s Business of Marketing Law Conference, June 14, 2016

"Social Media and Native Advertising Rules of The Road," Harvard Business School Startup Studio, June 6, 2016

"What's Trending in Tech & Advertising," AdThink, 2016: May

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

NYC Adtech.Connect, 2015: March, May, AugustOctober

"Developing Story: Media Law Today," The Harvard Law School Association of New York City, June 9, 2015

"What's Trending in Tech & Advertising," AdThink, 2015: May, July, September, November. Click here to view a video highlighting expert advice on Ad Blocking for technology start-ups. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"Data Security and Privacy: What You Don’t Know About Your Connected Devices," The Jordan Edmiston Group and Strategy&’s Connected Conference, November 6, 2014

"Rights of Publicity and Related Issues on Social Media," American Lawyer Media and Corporate Counsel’s Annual IP Trademark, Copyright & Licensing Counsel Forum, October 28-29, 2014

NYC Adtech.Connect, 2014: October, December

"What's Trending in Tech & Advertising," AdThink 2014: September, December

PUBLICATIONS

Co-Author, "Regulators Address Consumer Trust, Choice and Safety In Digital Marketing," 2017 Trends in Marketing Communications Law

Co-Author, "$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies," D&G Intellectual Property Alert, February 2017

Co-Author, "FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking," D&G Digital Media, Technology & Privacy Alert, February 2017

Author, "With The FTC Watching For Disclosure Violations, Marketers Can Lessen Their Liability Risks," AdExchanger.com, December 5, 2016

Co-Author, "Enforcement of DAA Cross-Device Guidance to Begin on February 1, 2017," D&G Digital Media, Technology & Privacy Alert, October 2016

Co-Author, "The Rise of Ad Blocking," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Expect Lawsuits Against Ad Blockers," Law360, November 13, 2015

Author, "As Ad Blocking Grows, What Legal Recourse Do Publishers and Marketers Have?" AdExchanger.com, November 6, 2015

Co-Author, "The Rise of Ad Blocking," D&G Digital Media, Technology & Privacy Alert, October 2015

Co-Author, "Enforcement of Mobile Principles to Begin September 1," Ad Club Insider, May 2015

Author, "Significant Growth, and Some Uncertainty, for New Technologies," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Privacy & Data Security Concerns in 2015: The Internet of Things, Data Brokers and Data Synching, and Mobility and Fraud," InsideCounsel, February 11, 2015

Co-Author, "In "Internet of Things" Report, FTC Staff Warns Makers of Connected Devices to Improve Privacy and Security," D&G Digital Media, Technology & Privacy Alert, January 2015

Co-Author, "Mobile Shopping Apps Do Not Provide Sufficient Disclosures to Consumers, FTC Staff Report Finds," D&G Digital Media, Technology & Privacy Alert, October 2014

"Importance of Establishing Internal and External Procedures for Data Collection, Analytics and Security for Start-Ups," Ad Club Insider, March 18, 2014

Co-Author, "New Tech Requires New Analysis of Important Legal Issues," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

BAR ADMISSIONS

New York
Washington, D.C.

EDUCATION

Harvard University, J.D., cum laude, 1991
Harvard University, B.A., magna cum laude, Phi Beta Kappa, 1988


    The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Successfully defended one of the nation's largest advertisers in various proceedings before the NAD.
  • Represented several music entities in the acquisition and distribution (from both web-based and wireless platforms) of ring tone and full song downloads, including obtaining rights from all major record labels and developing and licensing associated technologies for both DRM-protected and DRM-free music distribution.
  • Represented a major wireless company in the development and launch of its groundbreaking video-on-demand service which provides for broadband access to news, entertainment and other video content on its 3G wireless network. He led negotiations with content providers such as Walt Disney Company, MTV Networks, ESPN, NBC, ABC, Fox, CNN and others.
  • Represented a large media client in negotiations with SAP and IBM to create a sophisticated customized version of SAP software for client's accounting and billing needs.
  • Represented a wireless company in negotiating an agreement with Microsoft to establish Microsoft as the multi-protocol data service provider and set the framework for the parties to create and co-market enterprise applications and software platforms for wireless devices. Also negotiated an agreement with Vodaphone for the creation, maintenance and hosting of a hub for the delivery of content to wireless communications devices via Short Message Service (SMS) Messages.
  • Represented a wireless carrier in its negotiation of agreements with OnStar, an affiliate of General Motors, to enable the nation-wide wireless capabilities of GM's telematics system known as OnStar.
  • Negotiated on-line advertising deals, from sophisticated co-branding and sponsorship agreements, to insertion orders for virtually any imaginable type of on-line inventory, including banner impressions, click-through arrangements, keyword purchases, the creation and acquisition of "rich-media" inventory, and various forms of highly targeted advertising inventory.
  • Represents dozens of entities in their negotiations with third party ad serving technology companies such as DoubleClick, Atlas DMT, and MediaPlex.
  • Represented a leading contextual and search-based advertising company, in all aspects of its business.
  • Represented companies involved in campaign management, search engine optimization, lead generation, analytics and affiliate marketing.
  • Represented a new media company in connection with the development of a new generation of wireless/mobile online communities.

SPEAKING ENGAGEMENTS

NYC Adtech.Connect, 2017: May, June

"What's Trending in Tech & Advertising," AdThink, 2017: March

NYC Adtech.Connect, 2016: March, June, September, November

"Mind Your T's and C's," Network Advertising Initiative Webinar, July 13, 2016

"Branded Entertainment as Value Added to Media Agency Deals," Association of National Advertisers/Brand Activation Association’s Business of Marketing Law Conference, June 14, 2016

"Social Media and Native Advertising Rules of The Road," Harvard Business School Startup Studio, June 6, 2016

"What's Trending in Tech & Advertising," AdThink, 2016: May

"Hot Topics in Digital Media Law," Association of Corporate Counsel's Westchester County NY/Southern Connecticut Chapter Program, February 26, 2016

NYC Adtech.Connect, 2015: March, May, AugustOctober

"Developing Story: Media Law Today," The Harvard Law School Association of New York City, June 9, 2015

"What's Trending in Tech & Advertising," AdThink, 2015: May, July, September, November. Click here to view a video highlighting expert advice on Ad Blocking for technology start-ups. Click here to view a video highlighting expert advice on advertising and privacy issues for technology start-ups.

"Data Security and Privacy: What You Don’t Know About Your Connected Devices," The Jordan Edmiston Group and Strategy&’s Connected Conference, November 6, 2014

"Rights of Publicity and Related Issues on Social Media," American Lawyer Media and Corporate Counsel’s Annual IP Trademark, Copyright & Licensing Counsel Forum, October 28-29, 2014

NYC Adtech.Connect, 2014: October, December

"What's Trending in Tech & Advertising," AdThink 2014: September, December

PUBLICATIONS

Co-Author, "Regulators Address Consumer Trust, Choice and Safety In Digital Marketing," 2017 Trends in Marketing Communications Law

Co-Author, "$500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies," D&G Intellectual Property Alert, February 2017

Co-Author, "FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking," D&G Digital Media, Technology & Privacy Alert, February 2017

Author, "With The FTC Watching For Disclosure Violations, Marketers Can Lessen Their Liability Risks," AdExchanger.com, December 5, 2016

Co-Author, "Enforcement of DAA Cross-Device Guidance to Begin on February 1, 2017," D&G Digital Media, Technology & Privacy Alert, October 2016

Co-Author, "The Rise of Ad Blocking," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "New DAA Guidance Emphasizes Applicability of Transparency and Control to Cross-Device Advertising Practices," D&G Digital Media, Technology & Privacy Alert, November 2015

Co-Author, "Expect Lawsuits Against Ad Blockers," Law360, November 13, 2015

Author, "As Ad Blocking Grows, What Legal Recourse Do Publishers and Marketers Have?" AdExchanger.com, November 6, 2015

Co-Author, "The Rise of Ad Blocking," D&G Digital Media, Technology & Privacy Alert, October 2015

Co-Author, "Enforcement of Mobile Principles to Begin September 1," Ad Club Insider, May 2015

Author, "Significant Growth, and Some Uncertainty, for New Technologies," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, "Privacy & Data Security Concerns in 2015: The Internet of Things, Data Brokers and Data Synching, and Mobility and Fraud," InsideCounsel, February 11, 2015

Co-Author, "In "Internet of Things" Report, FTC Staff Warns Makers of Connected Devices to Improve Privacy and Security," D&G Digital Media, Technology & Privacy Alert, January 2015

Co-Author, "Mobile Shopping Apps Do Not Provide Sufficient Disclosures to Consumers, FTC Staff Report Finds," D&G Digital Media, Technology & Privacy Alert, October 2014

"Importance of Establishing Internal and External Procedures for Data Collection, Analytics and Security for Start-Ups," Ad Club Insider, March 18, 2014

Co-Author, "New Tech Requires New Analysis of Important Legal Issues," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

BAR ADMISSIONS

New York
Washington, D.C.

EDUCATION

Harvard University, J.D., cum laude, 1991
Harvard University, B.A., magna cum laude, Phi Beta Kappa, 1988


    The Legal 500 - The Clients Guide to Law Firms