Advertising and Marketing
Fortified with a deep understanding of intellectual property and technology transactions, we work with brands at all stages of the advertising lifecycle.
Through our global platform, we help clients substantiate and clear global advertising, marketing, and promotional campaigns— whether traditional print or television, digital content on websites, or social media. Our advertising practice further supports media agencies and media technology providers in crafting and negotiating complex engagements and creating compliance protocols.
We provide our clients with goal-focused counseling. This includes counsel regarding brand selection and protection, brand use guidelines, advertising policies, compliance programs, and advertising campaign strategies. Our experienced advertising and marketing lawyers also provide guidance regarding ad claim review, guiding clients on matters such as product labelling and claim substantiation issues. We help our clients with advertising disputes and challenges, including government enforcement actions, federal and state law claims, and self-regulatory matters. Our lawyers can also handle a broad spectrum of sponsorship, endorsement, and sweepstakes-related legal matters.
We can help clients with a wide variety of advertising and marketing issues, including:
- Competitor false and misleading advertising, including Lanham Act cases, National Advertising Division (NAD) Proceedings, and state unfair competition and deceptive trade practices
- Consumer false advertising and deceptive trade practices
- Food, drug, device, and cosmetic regulation and compliance
- Federal Trade Commission (FTC) advertising regulations and investigations
- Consumer Finance Protection Bureau
- Data usage, privacy, and security
- Advertising agencies
- Telemarketing and Telephone Consumer Protection Act (TCPA)
- Sponsorship and endorsement
Thought Leadership
On 30 January 2024, the US Citizenship and Immigration Services (USCIS) published a final rule (Final Rule) increasing the premium processing fee from US$2,500 to US$2,805, increasing filing fees for I-129 and I-140 employment-based petitions, and imposing a new Asylum Program Fee for each Form I-129 and I-140 filed by employers.
On 3 April 2024, the US Securities and Exchange Commission announced the first settlement with a stand-alone registered investment adviser for, among other things, failures to maintain and preserve certain electronic communications.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
On 7 March 2024, the Illinois Pollution Control Board proposed amendments to its Ground Water Quality regulations, which would set standards for selected per- and polyfluoroalkyl substances compounds at or near their levels of detection and would result in some of the most stringent standards in the country.