Marketing and Advertising


“Clients must be apprised of the regulatory requirements prior to developing a marketing plan to avoid wasting time and money on campaigns that cannot be legally supported, allowing clients to take full advantage of campaigns that can be supported.”

Companies that advertise their goods or services strive to create campaigns that break through media clutter, while avoiding costly regulatory, competitive or consumer issues that can damage their business and reputation. McGrath North attorneys regularly advise clients on issues related to the creation, production, and dissemination of traditional marketing communications such as advertising and public relations, as well as interactive technology and consumer-generated content. We research the client’s industry to further our ability to advise on the entire regulatory and competitive landscape of the business.  By anticipating where legal and competitive issues may arise, our experienced attorneys can advise clients on how to avoid enforcement actions, business disruption and adverse publicity. When occasional enforcement issues do arise, our team has successfully litigated competitive challenges, not only in court on Lanham Act challenges, but also with appearances before the National Advertising Division of the Council of Better Business Bureaus.

The business of advertising often includes contracting with advertising agencies, fulfillment houses, talent, service providers, licensing partners, media providers, spokespersons and industry consultants.  Our attorneys are experienced in drafting contracts for and handling these relationships with minimum conflict.  We also have significant experience with product placement agreements, sponsorship agreements, and charity/manufacturer tie-ins.

McGrath North’s marketing attorneys have significant experience structuring and managing on-line and traditional sweepstakes, game promotions, instant win games, skills contests and other consumer and trade-related promotions. Our attorneys assist clients develop rules, negotiate fulfillment services, and coordinate sweepstakes bonding and registration for trade and consumer promotions.

Industry Experience: Regulatory compliance; review of all types of advertising, with an emphasis on comparative advertising claims; website review, development and management; dispute resolution; Internet advertising including social media; service provider contracts; sweepstakes; sponsorships; charitable partnerships; regulation development.

REPRESENTATIVE TRANSACTIONS

  • Our advertising attorneys have never lost a challenge before the National Advertising Division of the Better Business Bureau.
  • Drafted and successfully negotiated celebrity spokesperson agreements and endorsement agreements.
  • Drafted agreements for and assisted in implementation of national commercial co-venture between client charity and retailer.
  • Drafted and negotiated joint promotion agreements with complementary products on behalf of clients.
  • Advised clients in development of child-focused websites and promotions.
  • Designed, drafted and obtained passage of federal regulatory changes on behalf of clients.
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