With an unrivaled record in advertising litigation and National Advertising Division (NAD) proceedings, Kelley Drye’s Advertising Law Practice Group has a national reputation as an industry leader. No other firm possesses the same combination of substantive expertise in the areas of advertising litigation and counseling, promotions marketing, green marketing, privacy and information security, marketing and media transactions, consumer product safety, new media marketing, food and drug law, and finance and billing; and experience at the Federal Trade Commission (FTC), the offices of state attorneys general (AG), the NAD, and the broadcast networks.
Our advertising attorneys practice exclusively in advertising law, which is evident in the breadth of our practice and the efficiencies that we provide. Regardless of the matter, our clients never start at square one. Whether your issue involves advertising substantiation, preventative marketing strategies, or legal challenges to your competitor’s claims, our lawyers know where to begin and how to finish.
The following sections summarize our capabilities and specialized expertise:
- Counseling. We work closely with our clients to ensure that their goals are accomplished in a manner that complies with applicable laws and offers as much protection as possible. We regularly review advertising and promotional materials for legal compliance, including the review of television, radio, print, Internet, merchandising, financial offers and product packaging for truth in advertising, claim substantiation, the proper use of intellectual property rights, and compliance with state and federal consumer protection rules.
- Lanham Act. Kelley Drye has one of the largest and most experienced advertising litigation practices in the country. Over the past few years, we have successfully brought or defended a number of comparative advertising and trademark cases under Section 43(a) of the Lanham Act. Our capabilities in this area are augmented by a team of Kelley Drye’s experienced litigators with specialized expertise in litigating Lanham Act and false advertising cases on behalf of clients.
- NAD/NARB, CARU, NARC, ERSP, and the Networks. We regularly represent both complainants and respondents in self-regulatory proceedings and in challenges before the networks. We have been very successful in both forcing competitors to modify or discontinue challenged advertisements and demonstrating that our clients’ advertising claims are substantiated.
- Consumer Class Action Defense. Kelley Drye has defended a wide array of Fortune 500 companies in class actions across the country asserting various statutory and common law consumer protection claims. We’ve defeated class certification outright in a number of recent cases, and defended favorable settlements for our clients in a number of others.
- FTC/State AGs. Members of the Advertising Law Practice Group represent clients in false advertising and unfair competition claims brought by the FTC and state attorneys general, as well as between competitors. We assist businesses and advertising agencies that are investigated by federal and state government agencies for false or deceptive advertising, or illegal sales or marketing practices. Over the past several years we have worked on numerous government investigations on behalf of a wide range of clients and have negotiated assurances of voluntary compliance with individual states and multi-state groups.
- Green Marketing. We have specialized expertise advising clients on how to communicate the environmental and health benefits of their products while complying with applicable laws governing such “green” marketing claims. Our advertising law attorneys regularly assist businesses that are engaged in green advertising and marketing practices in conducting a comprehensive review of advertising guidelines and promotional materials to ensure that environmental claims are not deceptive or misleading to consumers. As the FTC considers revisions to its environmental marketing policies set forth in its “Green Guides,” we have helped our clients to interpret these requirements and to assess and modify existing programs accordingly.
- Promotions Marketing. Kelley Drye has one of the leading promotions law practices in the country. Our attorneys regularly counsel clients on all aspects of structuring and running a variety of promotions, including sweepstakes and contests, gift cards and other incentives, charitable promotions, and sponsorships and other promotional agreements. In recent years, our team has worked on some of the largest sweepstakes and contests in the United States. In addition to assisting clients with promotions in all 50 states, we work closely with a network of lawyers across the world to enable our clients to run international promotions.
- Sponsorship and Other Agreements. As part of our promotions practice, our team regularly drafts and negotiates sponsorship, promotion, endorsement, talent, and related agreements for our clients. Our attorneys’ comprehensive knowledge and expertise of the interplay between advertising, intellectual property, and business issues allows us to successfully represent advertisers and advertising and promotional agencies and advise on many of the related branding, trademark, copyright, publicity, and privacy issues that arise in the advertising context.
- New Media Marketing. Kelley Drye has nationally-recognized expertise in the new and emerging media marketplace. As our clients seek to leverage new media, messaging, and social networking technologies to understand and engage with their target audiences, members of our team have developed comprehensive strategies to integrate traditional and new media platforms while complying with applicable legal requirements.
- Privacy and Information Security. Our team of privacy and data security experts regularly handles a variety of matters including counseling clients on all aspects of privacy and information security laws, drafting and amending privacy and information security policies, advising clients on interpreting their own policies, crafting data security programs for clients, performing privacy and/or data security audits of existing business practices, drafting agreements with third parties regarding their obligations in connection with handling clients’ customer data, and representing clients in connection with federal and state regulator privacy investigations regarding their privacy and data security practices.
- Consumer Product Safety. We regularly counsel and represent manufacturers, importers and retailers of consumer products on issues involving consumer product safety regulatory compliance. Our matters before the CPSC range from voluntary and mandatory industry-wide standards, compliance programs, regulatory modifications, and product recalls, to defending against enforcement actions. We have also worked with many manufacturers and retailers to devise and implement effective product safety compliance programs to help companies identify and address product safety issues before they come to the attention of regulators.
- Finance and Billing. Kelley Drye’s Advertising Law Practice offers a broad range of financial and billing services to consumer and merchant clients. Members of our team help companies seeking to minimize advertising and privacy risks associated with online marketing, and provide day-to-day counsel and support to a number of national merchant clients on traditional and online payment programs, including credit card, debit card, and checking payment operations, gift card, stored value, and related specialty programs.
- Food & Drug. Kelley Drye’s team of food and drug lawyers provides a broad range of FDA-related legal services with a special focus on assisting clients in developing labeling and advertising for FDA-regulated products, including foods, dietary supplements, cosmetics, pharmaceuticals, and medical devices. This generally involves reviewing substantiation to support claims for FDA regulated products, assisting in the design of clinical studies as needed, defending against FTC advertising enforcement actions of FDA-regulated products, obtaining any necessary FDA pre-market clearances for their products, assisting clients in evaluating the safety of their products, and advising on recall procedures and applicable state law requirements.
For more information about Kelley Drye’s Advertising Law Practice Group, visithttp://www.kelleydrye.com.