Areas of Focus
“I do not think of myself as outside counsel but as a member of my client’s in-house team. My work does not stop once the job is over, as I follow my clients’ campaigns — even in my off time — making sure there are no hiccups.”
An established thought leader in the digital media space, Allison Fitzpatrick brings to her clients a thorough understanding of the power of social media, influencer marketing, native advertising and other forms of emerging media.
Allison has witnessed firsthand the explosive growth of influencer marketing on social media. As popular bloggers transformed themselves into social media influencers — with marketers signing them to lucrative contracts — she was instrumental in shaping those contracts and developing her client’s social media policies. Whether dealing with “micro” influencers in niche categories, or with major celebrities representing national brands, she helps clients navigate the rapidly evolving social media landscape.
Children’s marketers — as well as operators of child-targeted apps and websites — look to Allison for guidance in their online marketing efforts. Knowing the unique power digital media has over children, she routinely reviews websites, apps, privacy policies and marketing campaigns to ensure compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines, the Children’s Online Privacy Protection Act and other laws.
Having worked on some of the industry’s most successful promotions, Allison bore witness to digital media’s dramatic transformation of the promotions industry, as she helped her clients transition from their traditional reliance on print and direct mail promotions to the social media world, where she advises clients on their sweepstakes, contests, free offers, loyalty rewards programs and other promotions.
Even as she keeps a close eye on emerging media platforms, Allison knows how to adapt the traditional principles of truthfulness in advertising to all aspects of her practice, whether advising clients on endorsements and testimonials, price advertising, claim substantiation, negative option marketing, or any other legal issue where those principles apply.
Advised one of the largest pizza chains in the United States on a free pizza giveaway tied to a major sports event that generated millions of dollars in free publicity. Drafted the promotion's terms & conditions and appropriate disclaimers, reviewed social media posts and press releases and advised on security issues to help minimize the risks of awarding free products to the public.
Counseled a video game publisher on its annual high-profile global contest that offers hundreds of thousands of dollars in prizes to entrants from numerous countries. Drafted the contest rules and prize forms and coordinated review with local counsel in the eligible countries.
Advised one of the largest entertainment platforms on an ambitious, real-time activation campaign to promote a new release. Created Real Time Marketing Guidelines and provided real-time risk assessments and marketing advice, including providing on-the-spot copyright, trademark, and right of publicity advice based on questions posed and assets provided by the marketing team who was posting social media posts in real-time from the activation.
Developed international social media influencer and promotion guidelines for one of the world's leading media and entertainment companies, including obtaining risk assessments from local counsel in most major European countries and providing risk mitigation guidelines and preparing global rules based on local counsel advice.
Advised a major publishing company and leading language learning company on updating its free trial offer, negative option marketing, and referral practices and terms to comply with important changes in state and federal laws that impact the sale of its digital content.
Helped a home security company transition from its door-to-door business model to an entirely online business model in response to the COVID-19 pandemic. This included creating e-commerce terms for its updated website, reviewing its online automatic renewal terms and sale disclosures, and advising on how the door-to-door and other home security laws impact its online businesses.
Assisted one of the largest pizza chains in the U.S. in launching its first-ever Super Bowl commercial and in structuring advertising and social media campaigns to promote it. This included providing Real Time Social Media Guidelines and drafting terms and conditions for a giveaway promotion.
Insights + Events
- Alert California’s Age-Appropriate Design Code Blocked on Constitutional Grounds
October 2, 2023
- Alert Blurred Lines: FTC Report Finds Blurred Advertising Can Harm Kids
September 20, 2023
- Are Your Influencers Putting You at Risk? D+G Hosted Event | Welcome to the New Era of Influencer Marketing: Reaping the Rewards while Reducing Your Risk
September 13, 2023
- Press Mention The Economist | Regulation Could Disrupt the Booming “Kidfluencer
July 27, 2023
- Alert The Deep Dive: FTC Updates Endorsement Guides for Modern Marketing and Advertising
July 11, 2023
- Press Mention The Wall Street Journal | New FTC Guidelines Could Prompt Marketers, Influencers to Revisit Endorsement Practices
July 4, 2023
- Alert 14 Years in the Making: FTC Unveils Updated FTC Endorsement Guides
June 29, 2023
- Alert Roblox Found in Violation of CARU’s Advertising Guidelines
June 8, 2023
- Alert The Warnings Were Real: FTC Takes Action Against Ed Tech Company for COPPA Violation
June 1, 2023
- Alert As Federal and State Governments Take Action Against TikTok, What Should Brands and Agencies Know?
April 28, 2023
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- Fordham University School of Law (J.D., 2001)
- Georgetown University (B.A., cum laude, 1995)
- The Best Lawyers in America® 2020-2024, Advertising Law
- Chambers USA: America’s Leading Lawyers for Business® 2018-2023, Nationwide: Advertising: Transactional & Regulatory
- The Legal 500 United States® “Leading Lawyer” 2020-2023, Advertising and Marketing: Transactional and Regulatory
- The Legal 500 United States® 2013-2022, Advertising and Marketing: Transactional and Regulatory
- The Legal 500 United States® 2020, Cyber Law (Including Data Privacy and Data Protection)
- PR News “Leader in Influencer Marketing” 2019
- New York
- U.S. District CourtSouthern District of New York
Member, Davis+Gilbert Growth and Planning Committee
Member, Davis+Gilbert Mentoring and Professional Development Committee
Member, Davis+Gilbert Summer Associate Program Committee
Member, Davis+Gilbert Women's Forum Committee
Member, New York State Bar Association
Member, Children's Advertising Review Unit's Supporters Council