
Advertising, Marketing & Promotions; Entertainment, Media & Publishing; Intellectual Property; Technology, Digital Media & Privacy
afitzpatrick@dglaw.com
V-CARD afitzpatrick@dglaw.com
Allison Fitzpatrick is a partner in the Advertising, Marketing & Promotion Practice Group of Davis & Gilbert. She frequently counsels clients on new media issues, including with respect to social networking, user-generated content, mobile marketing and other emerging media. In addition, she provides presentations and counsels clients on social media issues, including FTC endorsement guides, social media/blogger polices, and the CAN-SPAM Act. Ms. Fitzpatrick represents media companies, advertising agencies, promotions agencies and advertisers in connection with all aspects of advertising, marketing, promotions and entertainment. She regularly counsels clients on false advertising, claim substantiation, privacy, telemarketing, direct mail, endorsement and testimonial issues, as well as intellectual property matters involving copyright, trademark, right of privacy and publicity.
Ms. Fitzpatrick also advises clients on children’s advertising matters, including compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines and the Children’s Online Privacy Protection Act. She has represented clients in state regulatory investigations, including comprehensive multi-state actions, and proceedings before the National Advertising Division and the Children’s Advertising Review Unit.
In addition, Ms. Fitzpatrick has significant experience in the area of sweepstakes and promotions and regularly advises clients on games of chance, complex skill contests, rebates, gift cards, and coupons. She regularly counsels clients on all aspects of promotions, including the review of and drafting of rules, prize supplier agreements and indemnities, bonding and registration, and winner affidavits and notifications.
SPEAKING ENGAGEMENTS
“A Case Study Approach on How to Structure a Compliant Marketing and Advertising Campaign to Children: Preventing Costly Packaging, Labeling and Advertising Missteps,” American Conference Institute’s 3rd Advanced Legal Summit on Food & Beverage Marketing & Advertising, July 16-18, 2013
"FTC Updates Online Advertising Disclosure Guidelines: What Every Marketer Needs to Know," Promotion Marketing Association webinar, April 23, 2013
"Self-Regulation and Responsible Food Marketing to Children," Children’s Advertising & Online Privacy Conference 2013, April 10, 2013
"Celebrity and New Media: Right of Publicity and Privacy 101," New York State Bar Association Program, March 28, 2013
"Complying with the FTC’s Final Amendments to its COPPA Rule: What You Need to Know," Davis & Gilbert Advertising, Marketing & Promotions Breakfast Seminar, March 28, 2013
"Social Media in Healthcare: 2012 Recap/2013 Outlook," Social Media Week Program: Social Media in Healthcare, February 21, 2013
"Spotlight on Advertising, IP and the New Media," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012
"CARU Annual Conference 2012," Children’s Advertising Review Unit, October 3, 2012
"Twitter/Pinterest/Facebook," PRNews' The Big 3 Conference, August 9, 2012
"Managing Legal and PR Risks in Social Media," FX Conferences Teleconference: Managing Legal and PR Risks in Social Media, April 26, 2012
"The Wild Side of Promotions Across Multi-Media Platforms," Children's Advertising Review Unit: Children's Advertising & Online Privacy Spring Conference, April 3, 2012
"Facebook, Twitter, Groupon: Mitigating Liability in Social Media and Online Promotions," American Conference Institute's 2nd Advanced Legal Summit on Food & Beverage Marketing & Advertising, March 19- 20, 2012
"Mechanics of Conducting Social Media Promotions," 33rd Annual Promotion Marketing Association Conference, November 15-16, 2011
"Managing the Legal Risks in Social Media," PRNews Twitter Conference, November 10, 2011
"Advertising to Children on Multi-Media Platforms - There's an App for That!," CARU Annual Conference 2011, October 5, 2011
"Promotion & Integrated Marketing Workshop," Promotion Marketing Association, June 14-15, 2011
"Social Media Policies and Practices for Food and Beverage Marketers," FX Conferences Teleconference, May 17, 2011
"Preparing for and Responding to Renewed Government Interest in Food Marketing to Children and the Industry's Self-Regulatory Response," American Conference Institute’s Advanced Legal Summit on Food & Beverage Marketing & Advertising, March 31-April 1, 2011
"How to Avoid Legal Pitfalls with Your PR Initiatives," PR News Webinar, January 13, 2011
"Viral Marketing, WOM, and Blog Disclosures," 32nd Annual Promotion Marketing Association Conference, November 18-19, 2010
"Marketing Food to Kids - Special Concerns For Children's Advertisers," CARU Annual Conference 2010, October 6, 2010
"Legal Basics of Running an Integrated Marketing Campaign," Promotion Marketing Association's Integrated Marketing Bootcamp, May 13, 2010
PUBLICATIONS
Co-Author, "Revised Florida Law Limits Promotions and Sweepstakes," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, "SEC Confirms Companies May Use Social Media to Announce Material Information," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, "FTC Updates Online Advertising Disclosure Guidelines," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013
Co-Author, "FTC Amends COPPA To Strengthen Children's Privacy Protections," D&G Advertising, Marketing & Promotions Alert, January 2013
Co-Author, “What You Need to Know about the Instagrab,” The Huffington Post: Tech, December 19, 2012
Co-Author, "FTC Highly Critical of Mobile Apps’ Respect for Children’s Privacy," D&G Advertising, Marketing & Promotions Alert, December 2012
Co-Author, "Artist Sues Twitter over DMCA Takedown Requests," D&G Advertising, Marketing & Promotions Alert, October 2012
Co-Author, "Local Radio Contest with "Misleading" Terms Ends in FCC Fine," D&G Advertising, Marketing & Promotions Alert, September 2012
Co-Author, "FTC Proposes Additional Changes to COPPA," D&G Advertising, Marketing & Promotions Alert, August 2012
Co-Author, "First NAD Action Involving Pinterest," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Mobile App Developer Settles COPPA Suit," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Facebook Settles "Sponsored Stories" Suit," D&G Advertising, Marketing & Promotions Alert, June 2012
Co-Author, "FTC Hosts Workshop on Advertising and Privacy Disclosures in Online and Mobile Media," D&G Advertising, Marketing & Promotions Alert, June 2012
Co-Author, "There's An App for That - But At What Cost?" MediaPost, April 10, 2012
Co-Author, "Mobile App Operators Announce Agreement with California Attorney General," D&G Advertising, Marketing & Promotions Alert, March 2012
Author, "NAD Considers 'Like-Gated' Campaign For The First Time," D&G Advertising, Marketing & Promotions Alert, December 2011
Co-Author, "FTC Seeks Comments On Proposed Revisions To Children's Online Privacy Protection Rule," D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Proposed Voluntary Guidelines On Food Marketing To Children," D&G Advertising, Marketing & Promotions Alert, June 2011
Co-Author, "FTC Settles Action Against Company And Owner For Misleading Endorsements Made By Affiliate Marketers," D&G Advertising, Marketing & Promotions Alert, March 2011
Co-Author, "Congress Passes Restore Online Shoppers' Confidence Act," D&G Advertising, Marketing & Promotions Alert, December 2010
Co-Author, "FTC Brings Action Against PR Agency for Misleading Online Endorsements," D&G Advertising, Marketing & Promotions Alert, September 2010
Co-Author, "FTC Answers Frequently Asked Questions About Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, July 2010
Co-Author, "FTC Seeks Comments On Children's Online Privacy Protections," D&G Advertising, Marketing & Promotions Alert, April 2010
PRESS
Quoted, PRNews.com, "SEC Says Social Media Can Be Used for Disclosing Corporate Information," by Matthew Schwartz, April 3, 2013
Quoted, Digiday.com, "Brands' Biggest Legal Problems in Digital," March 8, 2013
Quoted, PRNews, "Art of the Steal: Protection Content Requires a PR Policing Presence," August 20, 2012
Quoted, The Bureau of National Affairs Inc.: Social Media Law & Policy Report, “Nutrisystem Pinterest Board Must Disclose ‘Real Customers’ Have Atypical Diet Results,” by Michael O. Loatman, August 7, 2012
Quoted, PRNewsOnline.com, "Pinterest Excitement Tempered by Copyright Concerns," by Scott Van Camp, February 2012
Quoted, PRNewsOnline.com, "Taking a Swipe at Sweepstakes: Five Legal Issues You Must Know," December 12, 2011
Interviewed, BulletproofBlog.com, "What's Next: The Bulletproof Interview – Allison Fitzpatrick on the FTC Endorsement Guides Governing Transparency in Social Media," January 11, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
Children's Advertising Review Unit's Supporters Council
BAR ADMISSIONS
New York
U.S. District Court, Southern District of New York
EDUCATION
Fordham University School of Law, J.D., 2001
Georgetown University, B.A., cum laude, 1995
SPEAKING ENGAGEMENTS
“A Case Study Approach on How to Structure a Compliant Marketing and Advertising Campaign to Children: Preventing Costly Packaging, Labeling and Advertising Missteps,” American Conference Institute’s 3rd Advanced Legal Summit on Food & Beverage Marketing & Advertising, July 16-18, 2013
"FTC Updates Online Advertising Disclosure Guidelines: What Every Marketer Needs to Know," Promotion Marketing Association webinar, April 23, 2013
"Self-Regulation and Responsible Food Marketing to Children," Children’s Advertising & Online Privacy Conference 2013, April 10, 2013
"Celebrity and New Media: Right of Publicity and Privacy 101," New York State Bar Association Program, March 28, 2013
"Complying with the FTC’s Final Amendments to its COPPA Rule: What You Need to Know," Davis & Gilbert Advertising, Marketing & Promotions Breakfast Seminar, March 28, 2013
"Social Media in Healthcare: 2012 Recap/2013 Outlook," Social Media Week Program: Social Media in Healthcare, February 21, 2013
"Spotlight on Advertising, IP and the New Media," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012
"CARU Annual Conference 2012," Children’s Advertising Review Unit, October 3, 2012
"Twitter/Pinterest/Facebook," PRNews' The Big 3 Conference, August 9, 2012
"Managing Legal and PR Risks in Social Media," FX Conferences Teleconference: Managing Legal and PR Risks in Social Media, April 26, 2012
"The Wild Side of Promotions Across Multi-Media Platforms," Children's Advertising Review Unit: Children's Advertising & Online Privacy Spring Conference, April 3, 2012
"Facebook, Twitter, Groupon: Mitigating Liability in Social Media and Online Promotions," American Conference Institute's 2nd Advanced Legal Summit on Food & Beverage Marketing & Advertising, March 19- 20, 2012
"Mechanics of Conducting Social Media Promotions," 33rd Annual Promotion Marketing Association Conference, November 15-16, 2011
"Managing the Legal Risks in Social Media," PRNews Twitter Conference, November 10, 2011
"Advertising to Children on Multi-Media Platforms - There's an App for That!," CARU Annual Conference 2011, October 5, 2011
"Promotion & Integrated Marketing Workshop," Promotion Marketing Association, June 14-15, 2011
"Social Media Policies and Practices for Food and Beverage Marketers," FX Conferences Teleconference, May 17, 2011
"Preparing for and Responding to Renewed Government Interest in Food Marketing to Children and the Industry's Self-Regulatory Response," American Conference Institute’s Advanced Legal Summit on Food & Beverage Marketing & Advertising, March 31-April 1, 2011
"How to Avoid Legal Pitfalls with Your PR Initiatives," PR News Webinar, January 13, 2011
"Viral Marketing, WOM, and Blog Disclosures," 32nd Annual Promotion Marketing Association Conference, November 18-19, 2010
"Marketing Food to Kids - Special Concerns For Children's Advertisers," CARU Annual Conference 2010, October 6, 2010
"Legal Basics of Running an Integrated Marketing Campaign," Promotion Marketing Association's Integrated Marketing Bootcamp, May 13, 2010
PUBLICATIONS
Co-Author, "Revised Florida Law Limits Promotions and Sweepstakes," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, "SEC Confirms Companies May Use Social Media to Announce Material Information," D&G Advertising, Marketing & Promotions Alert, April 2013
Co-Author, "FTC Updates Online Advertising Disclosure Guidelines," D&G Advertising, Marketing & Promotions Alert, March 2013
Co-Author, "FTC Announces New Mobile Privacy Guidelines on Same Day Social Networking App Settles Privacy Charges," D&G Advertising, Marketing & Promotions Alert, February 2013
Co-Author, "FTC Amends COPPA To Strengthen Children's Privacy Protections," D&G Advertising, Marketing & Promotions Alert, January 2013
Co-Author, “What You Need to Know about the Instagrab,” The Huffington Post: Tech, December 19, 2012
Co-Author, "FTC Highly Critical of Mobile Apps’ Respect for Children’s Privacy," D&G Advertising, Marketing & Promotions Alert, December 2012
Co-Author, "Artist Sues Twitter over DMCA Takedown Requests," D&G Advertising, Marketing & Promotions Alert, October 2012
Co-Author, "Local Radio Contest with "Misleading" Terms Ends in FCC Fine," D&G Advertising, Marketing & Promotions Alert, September 2012
Co-Author, "FTC Proposes Additional Changes to COPPA," D&G Advertising, Marketing & Promotions Alert, August 2012
Co-Author, "First NAD Action Involving Pinterest," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Mobile App Developer Settles COPPA Suit," D&G Advertising, Marketing & Promotions Alert, July 2012
Co-Author, "Facebook Settles "Sponsored Stories" Suit," D&G Advertising, Marketing & Promotions Alert, June 2012
Co-Author, "FTC Hosts Workshop on Advertising and Privacy Disclosures in Online and Mobile Media," D&G Advertising, Marketing & Promotions Alert, June 2012
Co-Author, "There's An App for That - But At What Cost?" MediaPost, April 10, 2012
Co-Author, "Mobile App Operators Announce Agreement with California Attorney General," D&G Advertising, Marketing & Promotions Alert, March 2012
Author, "NAD Considers 'Like-Gated' Campaign For The First Time," D&G Advertising, Marketing & Promotions Alert, December 2011
Co-Author, "FTC Seeks Comments On Proposed Revisions To Children's Online Privacy Protection Rule," D&G Advertising, Marketing & Promotions Alert, September 2011
Co-Author, "Proposed Voluntary Guidelines On Food Marketing To Children," D&G Advertising, Marketing & Promotions Alert, June 2011
Co-Author, "FTC Settles Action Against Company And Owner For Misleading Endorsements Made By Affiliate Marketers," D&G Advertising, Marketing & Promotions Alert, March 2011
Co-Author, "Congress Passes Restore Online Shoppers' Confidence Act," D&G Advertising, Marketing & Promotions Alert, December 2010
Co-Author, "FTC Brings Action Against PR Agency for Misleading Online Endorsements," D&G Advertising, Marketing & Promotions Alert, September 2010
Co-Author, "FTC Answers Frequently Asked Questions About Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, July 2010
Co-Author, "FTC Seeks Comments On Children's Online Privacy Protections," D&G Advertising, Marketing & Promotions Alert, April 2010
PRESS
Quoted, PRNews.com, "SEC Says Social Media Can Be Used for Disclosing Corporate Information," by Matthew Schwartz, April 3, 2013
Quoted, Digiday.com, "Brands' Biggest Legal Problems in Digital," March 8, 2013
Quoted, PRNews, "Art of the Steal: Protection Content Requires a PR Policing Presence," August 20, 2012
Quoted, The Bureau of National Affairs Inc.: Social Media Law & Policy Report, “Nutrisystem Pinterest Board Must Disclose ‘Real Customers’ Have Atypical Diet Results,” by Michael O. Loatman, August 7, 2012
Quoted, PRNewsOnline.com, "Pinterest Excitement Tempered by Copyright Concerns," by Scott Van Camp, February 2012
Quoted, PRNewsOnline.com, "Taking a Swipe at Sweepstakes: Five Legal Issues You Must Know," December 12, 2011
Interviewed, BulletproofBlog.com, "What's Next: The Bulletproof Interview – Allison Fitzpatrick on the FTC Endorsement Guides Governing Transparency in Social Media," January 11, 2011
PROFESSIONAL MEMBERSHIPS/AFFILIATIONS
New York State Bar Association
Children's Advertising Review Unit's Supporters Council
BAR ADMISSIONS
New York
U.S. District Court, Southern District of New York
EDUCATION
Fordham University School of Law, J.D., 2001
Georgetown University, B.A., cum laude, 1995
