The attorneys in Pullman & Comley's Marketing, Advertising and Entertainment practice represent advertising agencies, public relations firms, sales promotion agencies, sports organizations, entertainment companies and a number of large national advertisers. Our practice in this area focuses on advising clients regarding the design, development and execution of various consumer-related promotions and advertising campaigns, including those incorporating rapidly-developing technologies. Our goal is always to ensure compliance with federal and state laws, without sacrificing business needs or marketing goals. We have worked with clients to structure and implement prominent–and often unique–national promotions, as well as contests focused on linking a brand to a community or social issue. Our attorneys also have significant experience drafting and negotiating marketing, advertising and entertainment-related agreements.
Our advertising practice includes reviewing ad copy (for traditional print ads, digital ads, TV and radio) and providing advice regarding claim substantiation and other advertising-related issues. We also advise large and small businesses with crafting disclosures for mobile devices and social media platforms to comply with consumer protection laws.
We represent clients in matters before the National Advertising Division of the Council of Better Business Bureaus, the Federal Trade Commission, television networks and state consumer protection agencies. We provide training seminars for our clients on claims substantiation and other legal issues to assist them in adopting “best practices” and reducing the time required to obtain legal clearance for a campaign.
Karen Jeffers is one of a select number of leading advertising and marketing communications attorneys in the country to be chosen by the American Association of Advertising Agencies as a recognized legal consultant for its members.
The following highlights specific aspects of our marketing and advertising practice:
Advertising and Promotions
- Legal review of advertisements and promotions, including for compliance with CAN-SPAM, COPPA, TCPA and other consumer marketing laws and regulations
- Structuring contests, sweepstakes and other games of chance
- Preparing rules, publicity and liability releases and other documentation required in connection with contests, sweepstakes and other games of chance
- Promotions (e.g., on-pack and point-of-sale)
- Registration of sweepstakes and other promotions, including foreign registrations
- Co-venture promotions with charities
- Acquiring and maintaining trademarks and copyrights
- Obtaining the right to use consumer testimonials and other publicity rights
ADVERTISING INDUSTRY AGREEMENTS
- Licensing and merchandising agreements
- Digital media and technology agreements
- Celebrity endorsement/social media influencer/talent agreements
- Publishing agreements
- Sponsorship agreements
- Indemnity agreements
- Contracts relating to video and music production
- Constructing numerous complex sweepstakes with multiple sponsors and high-value prizes for a large national entertainment company
- Assisted the national governing body of one of the most popular sports in the country in a nationwide contest offering over $200,000 in prizes to the ten municipalities judged to be the most committed to the sport and its growth
- Providing advice on substantiating claims in several multimedia advertising campaigns regarding the rights of consumers and small businesses under the Affordable Care Act
- Represented a Connecticut-based marketing/advertising agency with a global clientele in its sale to the world’s largest marketing communications firm.
News & Insights
Our attorneys helped the United States Tennis Association (USTA) embark on a transformation of its online properties.
Our Marketing, Advertising and Entertainment practice helps assure our clients that their digital, print and broadcast advertising is compliant with intellectual property laws, privacy and publicity laws, and federal and state laws, without sacrificing their business needs or marketing goals.
Pullman & Comley attorneys have been closely monitoring the legal implications for businesses, municipalities, educational institutions and other organizations of the COVID-19 (coronavirus) pandemic, and have been responding to a broad range of client questions. For your reference, we have summarized recent publications and blog posts authored by our attorneys here: FOCUS: Responding to COVID-19.