Companies of all sizes and at every stage rely on Olshan for advice on nearly every legal aspect of advertising, marketing and promotions. Representing clients across industries, we help them best competitors, protect their brands, and grow their profits all while remaining compliant with the complex interplaying laws and regulations governing their initiatives.
Comprehensive Counsel to a Broad-Based Clientele
New and emerging entities to well-established companies operating around the globe rely on us to advise on their advertising, marketing and promotional materials and campaigns, product efficacy claims substantiation, packaging and labels, and all communications across internet and social media channels, print, TV, direct mail, and radio. They also retain us to structure, negotiate and enforce their advertising and promotions-related agreements including content, IP and software licensing agreements, partnerships, joint ventures and strategic alliances, advertising agency agreements, web, internet service, and social media marketing agreements, celebrity and influencer sponsorship and endorsement deals, and more.
Our experience extends to guidance on data collection, use, transmission and disposal, privacy requirements, new market entries, competitor-related issues, regulatory compliance, audits, inquiries, investigations and enforcement actions, as well as litigation. Through our global network of experts, we ensure our clients are well protected throughout the world, wherever they do business.
Tailored Solutions to the Challenges Our Clients Face
We offer practical, tailored solutions, meeting our clients’ needs with services that include:
- Advertising Clearance and Claims Substantiation
- Advertising, Marketing and Promotions Agreements
- Brand Activation
- Direct Marketing
- E-Commerce
- Food, Drug, Cosmetics and Dietary Supplements
- Green Marketing
- International Marketing and Promotions
- Internet, Interactive & Mobile Marketing Law
- Litigation
- New Market Entries and Market Expansion
- New Product and Service Launches
- Privacy, Data & Security
- Regulatory Compliance, Investigations and Enforcement Actions
- Social Media
- Sports Figure, Celebrity and Influencer Endorsements and Sponsorships
- Sweepstakes, Contests & Promotions
- Technology Law-Related Matters
- Telemarketing-related issues
- Trademark Protection, Intellectual Property Rights, and Licensing
Leading-Edge Guidance on New and Emerging Technologies, Laws & Regulations
Well versed in new technologies such as AI, machine learning, cryptocurrency, NFTs, the Metaverse, and mobile health/telemedicine, we keep our clients informed about opportunities, obligations and risks as new regulations and laws develop.
Specialty Counsel
Law firms representing private equity and lenders retain Olshan’s advertising lawyers to act as specialty counsel for advertising, marketing and promotions matters. While respecting existing relationships, we conduct due diligence and advise on the advertising and marketing aspects of deals like lead generation, marketing plans, and campaigns, especially when highly regulated industries are involved.
- Handled advertising clearance on health and beauty claims for a leading cosmetic brand.
- Serving as compliance counsel for innovative promotional marketing and direct marketing agencies.
- Handled clearance of advertising and savings claims for the top three largest online travel agencies.
- Served as specialty counsel to one of the world’s largest lenders in connection with due diligence review of a borrower’s lead-generation and advertising practices.
- Assisted top five Am Law 100 firm on a target’s advertising and marketing practices in connection with multiple transactions.
- Conducted due diligence for a private equity firm relating to a health supplement and multilevel marketing campaigns.
- Advised a hedge fund on an FTC investigation of an investment target.
- Serving as specialty counsel for an Am Law 100 technology practice in connection with sweepstakes and promotional marketing contests.
