Public Relations

MARKETING, PROMOTIONS AND COMMUNICATIONS LAW
Up until the late 1980s, the approach to public relations communications was, essentially, "anything goes;"--the First Amendment was considered to protect all forms of marketing communications. Based on how the courts have interpreted cases since then, savvy agency executives now realize that "anything goes" no longer applies. "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, promotions and communications law. 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 the FTC guidelines promulgated in October 2009 for marketers dealing with bloggers and celebrity endorsements as well as on digital rights, online sweepstakes and contests, and cross-promotional arrangements.

The impact of social media on the public relations industry has been tremendous and our new media attorneys are on the forefront of developments in this area.  We work closely with our public relations firms' clients on advice, protocols, and contracts that implicate new and social media.  We also work with many clients on preparing social media guidelines that respect intellectual property, confidentiality and accuracy of the content being disseminated.

NEW MEDIA AND DATA PRIVACY
The impact of social media on the public relations industry has been tremendous and our new media attorneys are on the forefront of developments in this area.  We work closely with our public relations and digital agency clients to provide advice, protocols, and contracts that implicate new and social media.  We also work with many clients on preparing social media guidelines that respect intellectual property, confidentiality and accuracy of the content being disseminated.  In addition, our attorneys have developed specific experience in technology, digital media and privacy law as these issues now permeate all aspects of businesses – both online and offline. We advise clients on privacy laws and issues that include COPPA, GLB, HIPAA, ECPA, security breach notification laws, transborder data transfers, internal security practices and any other risks or threats that involve security concerns.

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 and help advise clients on such items as: 

• The current pricing and multiples paid in the industry
• The most advantageous financial and tax structures for the transactions
• The benefits of purchasing and integrating strategic smaller firms before an ultimate sale

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.

CORPORATE
Davis & Gilbert's corporate attorneys make sure to know not just the law--but to know our clients' businesses as well. Our understanding of the business intricacies and strategic needs of our clients enables us to provide effective, efficient, value added advice with respect to the wide range of transactional, entrepreneurial and corporate matters that affect our clients. Because of our close client relationships, we are able to anticipate and avoid potential issues before they materialize. In this way, we contain costs and help clients achieve a seamless progression toward their business goals.  Davis & Gilbert's corporate attorneys have expertise in such matters as:

• Mergers of equals
• Stock for stock tax-free exchanges
• Management buy-outs
• Joint ventures with minority voting rights
• LLC operating agreements and shareholders agreements
• Employee stock option and restricted stock plans
• Employee deferred compensation and equity participation plans
• Confidentiality and non-competition agreements

For many of the smaller companies we represent, we engage in "corporate coaching," essentially helping to groom these companies for their eventual merger or sale. We work with these companies to assess their business organization, legal arrangements and operational controls, and then help transform them into more efficient organizations and thus more attractive prospects for future investment or sale.

LABOR AND 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 every 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 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, equity compensation and severance arrangements
• Assessing consequences of a change in control
• Structuring intellectual property protection devices
• Advising on terminations, severance arrangements, and releases to reduce the risk of litigation

BENEFITS AND COMPENSATION
Our full-service Benefits and Compensation practice group affords clients the additional advantage of the firm's deep, longstanding penetration into talent-driven service industries. Because we know these businesses so well, we have unique insight when it comes to structuring and dealing with benefit plans and executive compensation packages. We work with clients to establish policies and guidelines that help ensure compliance with complex tax and securities laws, accounting rules and other regulations.  Our attorneys offer expertise on a broad array of matters, including:

• Design, establishment, qualification, administration, funding, investment, termination and drafting of plans
• Executive compensation arrangements and negotiations
• ERISA obligations of employers and other fiduciaries

LITIGATION
When disputes arise in public relations, they tend to involve employees (or former employees), client (or former client) relationships, or commercial business disputes 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 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.  Our litigation attorneys are former prosecutors, law clerks for judges and many have been appointed by judges to serve as special masters and mediators in recognition of their reputations and accomplishments.

For additional information on Davis & Gilbert's Public Relations Law Practice and to receive updates in the areas of public relations, marketing and business law, please contact:

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Attorney Advertising :: Prior results do not guarantee a similar outcome.

MARKETING, PROMOTIONS AND COMMUNICATIONS LAW
Up until the late 1980s, the approach to public relations communications was, essentially, "anything goes;"--the First Amendment was considered to protect all forms of marketing communications. Based on how the courts have interpreted cases since then, savvy agency executives now realize that "anything goes" no longer applies. "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, promotions and communications law. 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 the FTC guidelines promulgated in October 2009 for marketers dealing with bloggers and celebrity endorsements as well as on digital rights, online sweepstakes and contests, and cross-promotional arrangements.

The impact of social media on the public relations industry has been tremendous and our new media attorneys are on the forefront of developments in this area.  We work closely with our public relations firms' clients on advice, protocols, and contracts that implicate new and social media.  We also work with many clients on preparing social media guidelines that respect intellectual property, confidentiality and accuracy of the content being disseminated.

NEW MEDIA AND DATA PRIVACY
The impact of social media on the public relations industry has been tremendous and our new media attorneys are on the forefront of developments in this area.  We work closely with our public relations and digital agency clients to provide advice, protocols, and contracts that implicate new and social media.  We also work with many clients on preparing social media guidelines that respect intellectual property, confidentiality and accuracy of the content being disseminated.  In addition, our attorneys have developed specific experience in technology, digital media and privacy law as these issues now permeate all aspects of businesses – both online and offline. We advise clients on privacy laws and issues that include COPPA, GLB, HIPAA, ECPA, security breach notification laws, transborder data transfers, internal security practices and any other risks or threats that involve security concerns.

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 and help advise clients on such items as: 

• The current pricing and multiples paid in the industry
• The most advantageous financial and tax structures for the transactions
• The benefits of purchasing and integrating strategic smaller firms before an ultimate sale

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.

CORPORATE
Davis & Gilbert's corporate attorneys make sure to know not just the law--but to know our clients' businesses as well. Our understanding of the business intricacies and strategic needs of our clients enables us to provide effective, efficient, value added advice with respect to the wide range of transactional, entrepreneurial and corporate matters that affect our clients. Because of our close client relationships, we are able to anticipate and avoid potential issues before they materialize. In this way, we contain costs and help clients achieve a seamless progression toward their business goals.  Davis & Gilbert's corporate attorneys have expertise in such matters as:

• Mergers of equals
• Stock for stock tax-free exchanges
• Management buy-outs
• Joint ventures with minority voting rights
• LLC operating agreements and shareholders agreements
• Employee stock option and restricted stock plans
• Employee deferred compensation and equity participation plans
• Confidentiality and non-competition agreements

For many of the smaller companies we represent, we engage in "corporate coaching," essentially helping to groom these companies for their eventual merger or sale. We work with these companies to assess their business organization, legal arrangements and operational controls, and then help transform them into more efficient organizations and thus more attractive prospects for future investment or sale.

LABOR AND 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 every 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 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, equity compensation and severance arrangements
• Assessing consequences of a change in control
• Structuring intellectual property protection devices
• Advising on terminations, severance arrangements, and releases to reduce the risk of litigation

BENEFITS AND COMPENSATION
Our full-service Benefits and Compensation practice group affords clients the additional advantage of the firm's deep, longstanding penetration into talent-driven service industries. Because we know these businesses so well, we have unique insight when it comes to structuring and dealing with benefit plans and executive compensation packages. We work with clients to establish policies and guidelines that help ensure compliance with complex tax and securities laws, accounting rules and other regulations.  Our attorneys offer expertise on a broad array of matters, including:

• Design, establishment, qualification, administration, funding, investment, termination and drafting of plans
• Executive compensation arrangements and negotiations
• ERISA obligations of employers and other fiduciaries

LITIGATION
When disputes arise in public relations, they tend to involve employees (or former employees), client (or former client) relationships, or commercial business disputes 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 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.  Our litigation attorneys are former prosecutors, law clerks for judges and many have been appointed by judges to serve as special masters and mediators in recognition of their reputations and accomplishments.

For additional information on Davis & Gilbert's Public Relations Law Practice and to receive updates in the areas of public relations, marketing and business law, please contact:

Michael C. Lasky
212.468.4849
mlasky@dglaw.com

Attorney Advertising :: Prior results do not guarantee a similar outcome.