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Since 1934, when we structured the deal for the original radio "soap opera," the first advertiser-created broadcast program, Davis & Gilbert has been the preeminent law firm for all issues relating to the advertising, marketing and communications industry. We represent more clients in these areas than any other law firm, and no firm has more attorneys dedicated to this work than Davis & Gilbert.

Our attorneys regularly advise on all issues relating to the creation, production and dissemination of all kinds of advertising, marketing, and promotion material across all media. Our unmatched experience addressing issues generated by the influx of interactive technology and consumer-generated content allows us to help clients adapt and succeed in a world of rapid change.

Davis & Gilbert's Advertising, Marketing & Promotions Practice Group has been recognized by numerous directories and publications covering the legal industry. The firm has been top-tier ranked in the nationwide category Advertising: Transactional & Regulatory for 11 consecutive years by Chambers USA: America’s Leading Lawyers for Business, the leading research publication in the legal industry (2006-2016). The firm also won the prestigious Chambers USA Award for Excellence in Advertising in 2013. Our practice has achieved a first-tier ranking in “Best Law Firms” by U.S. News & World Report – Best Lawyers in the categories “National – Advertising Law” and “New York City Metropolitan – Advertising Law” for the past seven years (2011-2017). In addition, The Legal 500: United States has ranked us in the top tier for Media, Technology and Telecoms: Marketing and Advertising for nine consecutive years (2007-2015).

THE DAVIS & GILBERT ADVANTAGE
Davis & Gilbert is at the forefront of changes that affect the advertising industry, and no law firm offers more experience in meeting all needs of advertisers and agencies. We represent clients in all matters involving advertising, marketing, entertainment, intellectual property, interactive, integrated and traditional media, sales promotion, direct marketing, public relations and licensing. With a thorough knowledge of the various businesses within these industries, our attorneys develop innovative solutions to any issues our clients encounter. We frequently are called upon to advise in situations where there is no precedent, and consequently, Davis & Gilbert attorneys often establish the industry standards in these areas.

OUR CLIENTS
Davis & Gilbert’s clients are among the most visible in all media. Our advertising and marketing communications agency clients range in size from small start-ups and mid-size creative shops to regional and national firms, as well as diversified global holding companies and their operating companies. We represent some of the most well-known brands in the United States and around the world.

While our clients sell diverse products and services, their common element is that they all need to market, promote, advertise and sell. Our attorneys’ unique knowledge of and perspective on their needs distinctly benefits in-house counsel seeking to keep their businesses at the leading edge of competition.

UNEQUALED INDUSTRY KNOWLEDGE
We know everything there is to know about the business of advertising and marketing communications because we are involved in every phase of our clients’ work. From concept to distribution, we work with clients on all contractual, regulatory, intellectual property, media and business law issues that relate to advertising, media, promotion and marketing.

Whether advising on traditional or digital media or marketing strategies, our advertising and marketing attorneys understand the business needs and regulatory concerns of companies in all key industry segments, including wireless communications, consumer electronics, food, health, cosmetics, fitness, automotive, retail and alcoholic beverages. We are involved in every aspect – from intellectual property protection to regulatory issues, including governmental, legislative and self-regulatory concerns – of all critical and sensitive areas of law, such as marketing to children, health claims, negative-option marketing, branded content, viral marketing and consumer-created content. In advising numerous trade associations, speaking before government groups and advocating for our clients, Davis & Gilbert has established countless essential regulatory principles that apply to these areas. We continually define the critical issues of tomorrow and advise clients how to best prepare for them.

A core area of our practice focuses on all kinds of promotional activities, including sweepstakes, sponsorships, tie-ins and cutting-edge marketing techniques such as word-of-mouth, viral and guerilla. The use of wireless devices, particularly cell phones, to engage consumers is one of the most exciting growth areas in our marketing practice. Through our longstanding representation of a leading wireless communications carrier, we are especially well suited to analyze and structure the most innovative promotional programs distributed by way of wireless devices.

Content generation has moved from the traditional creators of films, television programs, songs, books and plays, to the advertisers, marketers and agencies that create, fund or support these works. We work with clients in all these areas to structure and facilitate the related arrangements. With the rise of digital media and the adoption of technology that allows for the dissemination of consumer-generated content, we counsel clients on how to best use and control such content while avoiding unnecessary risk.

As the leader in advertising, marketing and promotions law, our practice continues to expand with each technological innovation. Davis & Gilbert has been involved in the industry since its inception, and we are uniquely positioned to lead the way for future developments as they evolve.

INDUSTRY ASSOCIATION AFFILIATIONS AND/OR REPRESENTATIONS
Davis & Gilbert attorneys frequently are called upon by the following professional groups for guidance on issues, forms and procedures:

  • American Association of Advertising Agencies
  • American Advertising Federation
  • American Marketing Association
  • Association of National Advertisers
  • Brand Activation Association (Formerly Promotion Marketing Association)
  • Council of Public Relations Firms
  • PR Council
  • Direct Marketing Association
  • Mobile Marketing Association

REPRESENTATION OF CLIENTS BEFORE SELF-REGULATORY/INDUSTRY
GOVERNING BODIES
We have successfully brought or defended advertising challenges before all of the following organizations, establishing key principles for substantiation, defining national vs. local advertisers, and establishing critical demonstration principles for toy advertisers:

  • National Advertising Division of the Council of Better Business Bureaus (NAD)
  • Children’s Advertising Review Unit (CARU)
  • National Advertising Review Board (NARB)
  • All major broadcast and cable networks and stations standards and practices groups, including ABC, NBC, CBS, MTV, Nickelodeon, ESPN, WB

REPRESENTATIVE ISSUES ADDRESSED FOR OUR CLIENTS

Advertising
  • Agreements and forms including:
    • Agency/client agreements
    • Sponsorship agreements
    • Event marketing agreements
    • Commercial production agreements
    • License agreements for music and other rights
    • Talent (over scale and other) agreements with performers, writers and musicians
    • Media purchase and insertion orders
    • Web development, digital media, interactive and technology agreements
    • Art buying and licensing with artists, photographers, illustrators, designers and animators
    • Privacy policies
  • Advice and guidance from concept through production and distribution 
  • Copy review and clearance
  • Demonstrations, simulations, testimonials and endorsements
  • Disclosure requirements in any and all media, including online, print, broadcast and outdoor
  • Privacy/publicity challenges and analyses
  • Intellectual property – copyright, trademark and patent
  • Product claim support and substantiation
  • Comparative claims review
  • Comparative advertising challenges, including Lanham Act and unfair competition claims
  • Compliance with federal, state and local laws and regulations
  • Advertising and marketing compliance audits
  • Formulation of internal compliance policies and procedures
Marketing
  • Do-not-call/do-not-mail
  • Recorded telephone conversations
  • Internet marketing and unsolicited commercial email
  • Refer-a-friend strategies
  • Viral and word-of-mouth marketing strategies
  • Guerilla marketing
  • Price range advertising
  • Prize promotion fulfillment
  • Mail/Telephone Order Rule compliance
  • Discount buying club compliance
  • Gift certificates and stored-value cards, including escheat laws
  • Coupons and continuity programs
  • Direct marketing and membership club marketing practices
  • Loyalty programs
  • Co-branding project agreements
  • Joint marketing campaigns and the licensing of third-party rights
  • Joint promotional programs among businesses
  • Sampling programs
  • Discount offers, refunds, rebates and installment sales
  • Compliance with service contract and extended warranty laws, including necessary compliance with the Telemarketing Sales Rule, the Telephone Consumer Protection Act and similar state laws, including drafting and reviewing telemarketing scripts
  • Participation in drafting federal, state and local legislation
  • Electronic billing, credit and billing practices, including compliance with the Truth in Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act and related state laws and regulations
Promotions
  • Web-based sweepstakes
  • Mobile phone promotions
  • Multi-player tournaments
  • Online auctions
  • Retail and business promotions
  • Special hazard promotions
  • Special events
  • Gambling and state lottery analysis
  • Game play and skill contests
  • Sponsorship and third-party tie-in arrangements, including commercial co-ventures
  • Registration and bonding in appropriate jurisdictions
  • Structure and content of official rules and/or terms and conditions of promotions
Sponsorships
  • Artist and concert tours and promotions
  • Sports team and sports league marketing
  • Sports personality and major marketer arrangements in all sports and industry categories
  • Stadium and building naming rights
  • Motorsports sponsorships
  • Event marketing at all venues
Multiplatform Media
  • Establish policies and guidelines for the online publishing industry, including standard terms and conditions, advertising expenditure analysis, measurement and metrics, best practices, and online advertising guidelines
  • Negotiate hundreds of online advertising deals, from sophisticated co-branding and sponsorship agreements to insertion orders for virtually all types of online inventory, including banner impressions, click-through arrangements, keyword purchases, and the creation and acquisition of “rich-media” inventory
  • Extensive experience in the areas of web and podcasts, satellite radio, handheld game systems, digital downloads, broadband, cell phone ring tones and other wireless devices
  • Mobile distribution of music, video content, television, movies and films
  • Draft and negotiate contracts and provide advice regarding legal issues from every perspective in the affiliate marketing space
Regulatory
  • Regulatory disputes involving all federal, state and local agencies
  • Represent clients and negotiate resolutions in key disputes before the FTC and state attorneys general
  • Monitor and advise on statutes and regulations governing the marketing, advertising and labeling of foods, drugs, cosmetics and medical devices
  • Representation before the FDA, including defense of clients whose products have been seized for alleged misbranding
  • FDA inspections of manufacturing facilities
  • Assisting foreign clients with bringing products and services to the U.S. market
Talent Agreements
  • Handle complex celebrity talent and music agreements, for celebrities from every area of sports, film, television, theater and music
  • Advise on the applicability and details of any union guild agreement, and coordinate with the unions if issues arise
  • Identify the talent and negotiate and finalize an array of significant talent transactions, including global deals, multimillion-dollar arrangements, and detailed service and relationship contracts
CONTACT US

For additional information on Davis & Gilbert's Advertising, Marketing & Promotions Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw.com

Richard S. Eisert
212.468.4863
reisert@dglaw.com


OUR CLIENTS
Davis & Gilbert’s clients are among the most visible in all media. Our advertising and marketing communications agency clients range in size from small start-ups and mid-size creative shops to regional and national firms, as well as diversified global holding companies and their operating companies. We represent some of the most well-known brands in the United States and around the world.

While our clients sell diverse products and services, their common element is that they all need to market, promote, advertise and sell. Our attorneys’ unique knowledge of and perspective on their needs distinctly benefits in-house counsel seeking to keep their businesses at the leading edge of competition.

UNEQUALED INDUSTRY KNOWLEDGE
We know everything there is to know about the business of advertising and marketing communications because we are involved in every phase of our clients’ work. From concept to distribution, we work with clients on all contractual, regulatory, intellectual property, media and business law issues that relate to advertising, media, promotion and marketing.

Whether advising on traditional or digital media or marketing strategies, our advertising and marketing attorneys understand the business needs and regulatory concerns of companies in all key industry segments, including wireless communications, consumer electronics, food, health, cosmetics, fitness, automotive, retail and alcoholic beverages. We are involved in every aspect – from intellectual property protection to regulatory issues, including governmental, legislative and self-regulatory concerns – of all critical and sensitive areas of law, such as marketing to children, health claims, negative-option marketing, branded content, viral marketing and consumer-created content. In advising numerous trade associations, speaking before government groups and advocating for our clients, Davis & Gilbert has established countless essential regulatory principles that apply to these areas. We continually define the critical issues of tomorrow and advise clients how to best prepare for them.

A core area of our practice focuses on all kinds of promotional activities, including sweepstakes, sponsorships, tie-ins and cutting-edge marketing techniques such as word-of-mouth, viral and guerilla. The use of wireless devices, particularly cell phones, to engage consumers is one of the most exciting growth areas in our marketing practice. Through our longstanding representation of a leading wireless communications carrier, we are especially well suited to analyze and structure the most innovative promotional programs distributed by way of wireless devices.

Content generation has moved from the traditional creators of films, television programs, songs, books and plays, to the advertisers, marketers and agencies that create, fund or support these works. We work with clients in all these areas to structure and facilitate the related arrangements. With the rise of digital media and the adoption of technology that allows for the dissemination of consumer-generated content, we counsel clients on how to best use and control such content while avoiding unnecessary risk.

As the leader in advertising, marketing and promotions law, our practice continues to expand with each technological innovation. Davis & Gilbert has been involved in the industry since its inception, and we are uniquely positioned to lead the way for future developments as they evolve.

INDUSTRY ASSOCIATION AFFILIATIONS AND/OR REPRESENTATIONS
Davis & Gilbert attorneys frequently are called upon by the following professional groups for guidance on issues, forms and procedures:

  • American Association of Advertising Agencies
  • American Advertising Federation
  • American Marketing Association
  • Association of National Advertisers
  • Brand Activation Association (Formerly Promotion Marketing Association)
  • Council of Public Relations Firms
  • PR Council
  • Direct Marketing Association
  • Mobile Marketing Association

REPRESENTATION OF CLIENTS BEFORE SELF-REGULATORY/INDUSTRY
GOVERNING BODIES
We have successfully brought or defended advertising challenges before all of the following organizations, establishing key principles for substantiation, defining national vs. local advertisers, and establishing critical demonstration principles for toy advertisers:

  • National Advertising Division of the Council of Better Business Bureaus (NAD)
  • Children’s Advertising Review Unit (CARU)
  • National Advertising Review Board (NARB)
  • All major broadcast and cable networks and stations standards and practices groups, including ABC, NBC, CBS, MTV, Nickelodeon, ESPN, WB

REPRESENTATIVE ISSUES ADDRESSED FOR OUR CLIENTS



Advertising
  • Agreements and forms including:
    • Agency/client agreements
    • Sponsorship agreements
    • Event marketing agreements
    • Commercial production agreements
    • License agreements for music and other rights
    • Talent (over scale and other) agreements with performers, writers and musicians
    • Media purchase and insertion orders
    • Web development, digital media, interactive and technology agreements
    • Art buying and licensing with artists, photographers, illustrators, designers and animators
    • Privacy policies
  • Advice and guidance from concept through production and distribution 
  • Copy review and clearance
  • Demonstrations, simulations, testimonials and endorsements
  • Disclosure requirements in any and all media, including online, print, broadcast and outdoor
  • Privacy/publicity challenges and analyses
  • Intellectual property – copyright, trademark and patent
  • Product claim support and substantiation
  • Comparative claims review
  • Comparative advertising challenges, including Lanham Act and unfair competition claims
  • Compliance with federal, state and local laws and regulations
  • Advertising and marketing compliance audits
  • Formulation of internal compliance policies and procedures
Marketing
  • Do-not-call/do-not-mail
  • Recorded telephone conversations
  • Internet marketing and unsolicited commercial email
  • Refer-a-friend strategies
  • Viral and word-of-mouth marketing strategies
  • Guerilla marketing
  • Price range advertising
  • Prize promotion fulfillment
  • Mail/Telephone Order Rule compliance
  • Discount buying club compliance
  • Gift certificates and stored-value cards, including escheat laws
  • Coupons and continuity programs
  • Direct marketing and membership club marketing practices
  • Loyalty programs
  • Co-branding project agreements
  • Joint marketing campaigns and the licensing of third-party rights
  • Joint promotional programs among businesses
  • Sampling programs
  • Discount offers, refunds, rebates and installment sales
  • Compliance with service contract and extended warranty laws, including necessary compliance with the Telemarketing Sales Rule, the Telephone Consumer Protection Act and similar state laws, including drafting and reviewing telemarketing scripts
  • Participation in drafting federal, state and local legislation
  • Electronic billing, credit and billing practices, including compliance with the Truth in Lending Act, Fair Credit Reporting Act, Equal Credit Opportunity Act and related state laws and regulations
Promotions
  • Web-based sweepstakes
  • Mobile phone promotions
  • Multi-player tournaments
  • Online auctions
  • Retail and business promotions
  • Special hazard promotions
  • Special events
  • Gambling and state lottery analysis
  • Game play and skill contests
  • Sponsorship and third-party tie-in arrangements, including commercial co-ventures
  • Registration and bonding in appropriate jurisdictions
  • Structure and content of official rules and/or terms and conditions of promotions
Sponsorships
  • Artist and concert tours and promotions
  • Sports team and sports league marketing
  • Sports personality and major marketer arrangements in all sports and industry categories
  • Stadium and building naming rights
  • Motorsports sponsorships
  • Event marketing at all venues
Multiplatform Media
  • Establish policies and guidelines for the online publishing industry, including standard terms and conditions, advertising expenditure analysis, measurement and metrics, best practices, and online advertising guidelines
  • Negotiate hundreds of online advertising deals, from sophisticated co-branding and sponsorship agreements to insertion orders for virtually all types of online inventory, including banner impressions, click-through arrangements, keyword purchases, and the creation and acquisition of “rich-media” inventory
  • Extensive experience in the areas of web and podcasts, satellite radio, handheld game systems, digital downloads, broadband, cell phone ring tones and other wireless devices
  • Mobile distribution of music, video content, television, movies and films
  • Draft and negotiate contracts and provide advice regarding legal issues from every perspective in the affiliate marketing space
Regulatory
  • Regulatory disputes involving all federal, state and local agencies
  • Represent clients and negotiate resolutions in key disputes before the FTC and state attorneys general
  • Monitor and advise on statutes and regulations governing the marketing, advertising and labeling of foods, drugs, cosmetics and medical devices
  • Representation before the FDA, including defense of clients whose products have been seized for alleged misbranding
  • FDA inspections of manufacturing facilities
  • Assisting foreign clients with bringing products and services to the U.S. market
Talent Agreements
  • Handle complex celebrity talent and music agreements, for celebrities from every area of sports, film, television, theater and music
  • Advise on the applicability and details of any union guild agreement, and coordinate with the unions if issues arise
  • Identify the talent and negotiate and finalize an array of significant talent transactions, including global deals, multimillion-dollar arrangements, and detailed service and relationship contracts
CONTACT US

For additional information on Davis & Gilbert's Advertising, Marketing & Promotions Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw.com

Richard S. Eisert
212.468.4863
reisert@dglaw.com