Areas of Focus
For agencies and brands exploring innovative ways to promote their content and products, Samantha Rothaus provides counsel by balancing legal risk with business objectives. Drawing on prior intellectual property litigation experience, she helps clients launch collaborative projects, understand their contract rights, and negotiate talent and production agreements.
Often involved at the earliest stages of a client’s project, Samantha uses a highly attentive and practical approach to avoid problems and craft solutions. Her thoughtful and individualized guidance supports creative agencies and brands launching traditional advertising activities in addition to custom-branded content produced by media partners. Whether companies are seeking collaborative opportunities through co-branded promotional campaigns or sponsored events, or are engaging influencers, celebrity spokespeople or content production vendors, Samantha’s best practices and productive negotiation strategies help achieve their goals and preserve their best interests. She also assists clients in identifying and understanding SAG-AFTRA union obligations.
With her background in intellectual property litigation, Samantha recognizes the value companies place on protecting their intellectual property rights. She evaluates potential benefits and consequences of sharing or promoting content so clients can make sound business decisions. When agencies seek to expand their scope of use, they benefit from her contract analyses to understand their legal rights, obligations and required permissions.
Prior to joining Davis+Gilbert, Samantha’s practice focused on copyright and trademark litigation, brand protection, and trademark prosecution for entertainment companies, fashion retailers and consumer brands.
Advised a leading children's publisher on the development and production of a 3D CGI television series based on a best-selling children's book series. Advised and negotiated production agreements, writer agreements, producer agreements, and voiceover talent agreements and helped navigate the demands of both the Screen Actors Guild – American Federation of Television and Radio Artists and the Writers Guild of America.
Negotiated the licensing agreement between an American hospitality service firm and a film production and distribution company in connection with a campaign surrounding a film premiere and the listing of the location on the hospitality service company's platform.
Represented a major advertising agency in negotiating licenses for existing film footage and rights to a featured celebrity's likeness in connection with a Super Bowl advertising campaign.
Advised a major automobile company in developing and implementing a marketing strategy for online pre-sale and reservation programs to promote the launch of new product lines. Routinely provided guidance for structuring and marketing retail sales events, including financing, lease, and cash-back offers, and special promotional programs, including limited offers, cash-back initiatives, contests and sweepstakes, to ensure compliance with appropriate state and federal laws.
Advised a top advertising agency and its clients on handling last-minute shoot cancellations or postponements due to COVID-19. Ensured production vendors implement and adhere to health and safety protocols consistent with laws and regulations where the production shoot occurs and helped clients re-start commercial production with a greater sense of certainty.
Insights + Events
- Event Association of National Advertisers | The Legal Issues Involved in Producing Advertising Content
July 27, 2022
- Alert How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers
June 8, 2022
- Exploring the Metaverse and Web 3.0 – More than Crypto and NFTs Welcome to the Metaverse: Legal Issues Marketers Need To Consider
June 2, 2022
- Are Your Influencers Putting You at Risk? PR News | Avoiding Metaverse Mayhem: Regulating Virtual Influencers as Nearly Human
May 11, 2022
- Event Association of National Advertisers | Brand Activation Legal Committee Meeting Webinar
April 21, 2022
- Trends in Marketing Communications Law Livestreaming Is Here To Stay
April 13, 2022
- Trends in Marketing Communications Law SAG-AFTRA’s Influencer Agreement and Waiver to the Commercials Contract
April 13, 2022
- Trends in Marketing Communications Law COVID-19’s Impact on Commercial Productions
April 13, 2022
- Alert SAG-AFTRA and JPC Allow for Mandatory Vaccine Policies on Production Sets
September 27, 2021
- Are Your Influencers Putting You at Risk? Westlaw | SAG-AFTRA Welcomes the Influencer
April 30, 2021
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- University of California, Los Angeles School of Law (L.L.M., 2011)
- Boston University School of Law (J.D., 2010)
- Boston University (B.A., magna cum laude, 2007)
- Best Lawyers®* “Ones to Watch” 2021-2022, Intellectual Property Law
- New York Metro Super Lawyers® “Rising Stars” 2016-2021, Media and Advertising
- New York
- U.S. District CourtSouthern District of New York
- U.S. District CourtEastern District of New York
- U.S. District CourtDistrict of Massachusetts
- U.S. District CourtEastern District of Michigan
- U.S. District CourtWestern District of Michigan
- U.S. Court of AppealsSecond Circuit
- U.S. Court of AppealsThird Circuit
Member, New York State Bar Association
Member, New York City Bar Association