Advertising and marketing: transactional and regulatory in United States

Davis+Gilbert LLP

Based in New York, Davis+Gilbert LLP has longstanding expertise in the advertising industry and continues to grow and adapt to new developments in the space such as generative AI and use of dark patterns. The team often advises on emerging areas that do not yet have clear legal frameworks, utilising its years of industry experience to guide clients. Ronald Urbach co-heads the advertising and marketing practice alongside Richard Eisert. Urbach is a seasoned expert in advertising, marketing and promotions, being the go-to for international companies, agencies and brands. Howard Weingrad advises clients on potential issues arising from production through to launch, Allison Fitzpatrick excels in digital media matters and Aaron Taylor assists clients with developing advertising campaigns and defending false advertising issues. Paavana Kumar is an authority on dark pattern issues, while newly promoted partner Louis DiLorenzo advises a mix of independent agencies and global brands on false advertising and IP. Also noted is Alexa Meera Singh who assists with advertising proceedings and Samantha Rothaus who focuses on AI-related projects.

Responsables de la pratique:

Ronald Urbach; Richard Eisert


Autres avocats clés:

Howard Weingrad; Allison Fitzpatrick; Aaron Taylor; Paavana Kumar; Samantha Rothaus; Alexa Meera Singh; Louis DiLorenzo


Les références

‘Excellent on advertising and promotions, particularly for children, as well as privacy issues. They tend to take a pragmatic business-oriented approach to assessing and solving problems.’

‘The team is down to earth, friendly, and gets to the point in direct clear language. ’

Principaux clients

Bridgestone Tires


Quantasy + Associates


Claire’s


Coty


Little Caesar Enterprises, Inc.


United Collective/Grupo Gallegos


JM Smuckers


Supernatural AI


Wawa


Principaux dossiers


Loeb & Loeb LLP

Loeb & Loeb LLP‘s advanced media and technology team is led out of New York by James Taylor who specialises in advising on adtech and technology-enabled transactions as well as media-related agreements. Melanie Howard, Amir Azaran and Brian Heidelberger all co-chair the group alongside Taylor. In Los Angeles, Howard leads the IP protection and luxury brand teams, advising brands on advertising issues and brand protection, exploitation and enforcement. Chicago-based Heidelberger centers his practice on advertising, promotions, privacy and digital marketing issues. Advertising expert Kenneth Florin is well-versed in emerging media, advertising and promotion laws and sits in New York, while Seth Rose resides in Chicago and assists brands with marketing campaigns and initiatives. Nerissa Coyle McGinn is the go-to for NFT and metaverse issues and sits in Chicago. The firm utilizes a cross-functional approach to advertising and marketing matters advises global brands, major media and entertainment companies, sports teams, celebrities and advertising agencies.

Responsables de la pratique:

James Taylor; Melanie Howard; Amir Azaran; Brian Heidelberger


Autres avocats clés:

Kenneth Florin; Seth Rose; Nerissa Coyle McGinn; Caroline Hudson; Nathan Hole; Medha Sridhar


Les références

‘We’ve had an excellent experience working with Loeb & Loeb. Their expertise in advertising and marketing transactions is exceptional, particularly in the area of complex brand licensing. They’ve consistently exceeded our expectations with their speed, responsiveness, and proactive value-added contributions. The collaborative spirit of their team fostered significant efficiencies within our own legal and business teams. ’

‘Nerissa Coyle McGinn is an outstanding lawyer and highly effective collaborator. Her creative problem-solving skills have been instrumental in securing favorable brand licensing agreements while protecting our company’s interests.’

‘Medha Sridhar is an invaluable member of our brand licensing team. Her remarkable speed and efficiency, combined with her thoroughness and thoughtful approach, have been key to achieving significant business growth.’

Principaux clients

Lowe’s Companies, Inc.


Juxtapose Studio


Chicago Sports Network


Lenovo (United States) Inc.


Hudson’s Bay Company/Saks Fifth Avenue, Saks.com LLC


Ferrara


Principaux dossiers


  • Represented Saks Fifth Avenue/Hudson’s Bay Company in numerous brand protection, intellectual property, advertising and marketing matters.
  • Represented Lowe’s Companies, Inc. in the company’s negotiation of sponsorship agreements with Lionel Messi, his team InterMiami CF, 2024 Copa America and Major League Soccer’s League’s Cup.
  • Advised the Chicago Sports Network on the launch of the network, including branding, IP, technology agreements related to the sale of advertising, and clearance of advertisements and promotions.

DLA Piper LLP (US)

DLA Piper LLP (US)'s media sport and entertainment group centers its advertising practice around representing sports teams, consumer brands, film studios, TV networks, streaming platforms and retailers in marketing, advertising and promotion matters. Structuring and negotiating media planning and buying agreements, structuring global sponsorship agreements across a wide number of professional sports in the US as well as endorsement agreements are all key pillars of the practice. Practice head Benjamin Ryan Mulcahy sits in Los Angeles and excels in representing clients in global sports sponsorship deals. The team was bolstered by the arrival of New York-based Stacy Marcus and Michael Isselin from Reed Smith LLP in June 2024. Marcus and Isselin are both knowledgeable on celebrity endorsements, influencer and talent agreements. James Stewart advises on a mix of celebrity endorsements, student athlete and influencer contracts and sponsorship agreements from Washington DC.

Responsables de la pratique:

Benjamin Ryan Mulcahy


Autres avocats clés:

Stacey Marcus; Michael Isselin; James Stewart


Principaux clients

Amazon


The Joint Policy Committee, LLC


Qualcomm Incorporated


Chipotle Mexican Grill, Inc.


United Entertainment Group


Daniel J. Edelman Holdings, Inc.


Maximum Effort Marketing (Mountain Digital)


Los Angeles Football Club


Paycor, Inc.


Twitch Interactive, Inc.


Warner Bros. Discovery, Inc.


MGM Resorts International


Made by Gather


Ace Hardware Corporation


Dr. Seuss Enterprises, LP


Victor Wembanyama


Principaux dossiers


  • Represented Amazon Prime Video in negotiating a landmark $21bn global media rights deal with the National Basketball Association (NBA).
  • Assisted the Joint Policy Committee LLC as Chief Negotiator and Legal Council with a range of issues related to contracts, AI and claims.
  • Represented Qualcomm Technologies, Inc. and its Snapdragon business unit in its front-of-shirt sponsorship agreement with Manchester United Football Club.

Frankfurt Kurnit Klein & Selz PC

The advertising, marketing and public relations group at Frankfurt Kurnit Klein & Selz PC is co-chaired from New York by advertising experts Jason Howell and Brian Murphy. Transactional advertising matters are where the firm shine, assisting with advertising production and clearance, sponsorships, joint promotions, talent and licensing agreements. Other key areas of the practice include regulatory compliance, adtech legal issues and blockchain-based technology projects. Managing partner Jeffrey Greenbaum is noted for his expertise in representing advertisers, advertising agencies and social media platforms in advertising issues. Murphy advises companies on developing advertising material, Candice Kersh advises a myriad of advertising agencies and agency holding companies and Christopher Chase focuses on rights clearance and regulatory issues. Seligman handles a mix of transactional and regulatory matters, while Taylor is noted for her expertise in blockchain and emerging technologies. Terri Seligman and Hannah Taylor are also recommended. Holly Melton joined from Crowell & Moring LLP in May 2025.

Responsables de la pratique:

Jason Howell; Brian Murphy


Autres avocats clés:

Jeffrey Greenbaum; Christopher Chase; Candice Kersh; Matthew Vittone; Mara Canner; Larry Welch; Holly Melton; Terri Seligman; Hannah Taylor


Les références

‘Overall, I find the team extremely knowledgeable and up-to-date with everything going on in the advertising industry. It’s moving extremely fast right now, and having Frankfurt Kurnit Klein Selz as a resource is invaluable.’

‘I have known and worked with Candice Kersh for many years. She is probably the most experienced advertising attorney I know. One of her most valuable qualities is that she is always willing to try to find a solution within the confines of the laws surrounding this industry. Others may just say ‘no,’ but Candice looks for ways to make things work. I have always found that approach extraordinarily helpful.’

‘Candice Kersh is a true partner that I trust with my life. Her knowledge is above and beyond her category expertise and amazes me every time. Matthew Vittone – I can’t see anyone making my job easier. He knows exactly what we want and need without me needing to tell him. Mara Canner helps us get through difficult corporate legal projects that we barely understand. Larry Welch’s follow-through and care is beyond anything I’ve come across.

Principaux clients

Wieden+Kennedy


Northwell Health, Inc.


Domino’s Pizza


National Football League (NFL)


Airbnb


Consumer Cellular


Vice Media Group


Pop’N Creative


Deutsche Family Wine & Spirits


Quality Experience


Ready, Set, Rocket


MSQ


Mother Industries


Special Group


Jacki Kelley


Super Serious


BIC


Etsy


Madison Square Garden Entertainment


Capital One


Principaux dossiers


Manatt, Phelps & Phillips, LLP

Manatt, Phelps & Phillips, LLP‘s advertising, marketing and media group is led from Los Angeles by consumer protection specialist Christine Reilly. The firm serves large domestic and multinational corporations as advertising counsel, often assisting clients with regulatory compliance advice. Jesse Brody is the go-to for advertising expertise in Los Angeles, assisting with regulatory and transactional issues as well as current areas of interest such as AI, hidden charges and recurring subscriptions. In New York, Po Yi focuses on advising retail companies and consumer brands on advertising compliance, while Jeffrey Edelstein is well-versed in reviews of advertising and obtaining media clearance.

Responsables de la pratique:

Christine Reilly


Autres avocats clés:

Jesse Brody; Po Yi; Jeffrey Edelstein; Eric Bergner


Les références

‘The practice demonstrates exceptional collaboration with other practice areas and is able to turn around even the most complex projects in an impressively short period of time. Response times are very quick, and the quality of work is unparalleled. ’

‘Jesse Brody has a wide-ranging knowledge of an unbelievable number of topics and is able to provide common sense, risk-based advice across a variety of areas. He is incredibly efficient, meeting even the most difficult deadlines. We are a small client but we always feel that we have his full attention and engagement. ’

‘The Manatt team is comprised of true experts. They have proven to be terrific partners to our legal, risk and business teams and we appreciate their collaborative and pragmatic approach. ’

Principaux clients

Kia America, Inc.


Digital Gaming Corporation, d/b/a Betway Casino and Jackpot City


Manscaped, Inc.


Hybrid Promotions, LLC d/b/a Junk Food Clothing


Meta (formerly Facebook, Inc. and Facebook Technologies, LLC)


Collector’s Universe


Samsung


FanDuel


Guess?. Inc. (Guess Jeans)


Business Insider


Volkswagen Group of America, Inc.


Pipsticks


Chico’s FAS, Inc.


Warner Brothers Entertainment, Inc.


ASICS America, Inc.


Hospital for Special Surgery (HSS)


Principaux dossiers


Reed Smith LLP

Reed Smith LLP is well-versed in handling cross-border and international advertising and marketing campaigns for domestic and global clients. Industries the team typically serves includes aviation, food retailers, automotive and social networks. Keri Bruce leads the team from New York and specializes in advertising, branded entertainment and IP. She is mandated by brands to represent them in media and advertising agency agreements and to advise on adtech issues. Washington DC-based John Feldman is well-versed in a range of advertising and promotion matters such as sweepstakes. While in Chicago, Jason Gordon handles a mix of clients including major brands, advertising agencies and media companies, while Robert Newman is well-equipped to advise on privacy and marketing regulatory compliance. Stacy Marcus and Michael Isselin both left the firm in 2024. Douglas Wood also retired from practice.

Responsables de la pratique:

Keri Bruce


Autres avocats clés:

John Feldman; Jason Gordon; Robert Newman; Idara Udofia; Monique Bhargava


Principaux dossiers


Venable LLP

Venable LLP advises a range of clients from advertising companies to media, automotive, retail, fintech and healthcare corporations. The practice is well-equipped to assist with a slew of advertising regulation, including advising on newer issues such as web3, the metaverse and AI. Practice head Leonard Gordon leads the team from New York and is an expert in advertising regulation including government investigations and litigation. In Washington DC, Stuart Ingis leads on privacy issues involved in advertising matters, Melissa Steinman is the go-to for promotions and online gaming knowledge and Ellen Berge focuses on regulatory compliance issues related to digital advertising.

Responsables de la pratique:

Leonard Gordon


Autres avocats clés:

Stuart Ingis; Melissa Steinman; Ellen Berge


Principaux clients

Association of National Advertisers (ANA)


Principaux dossiers


  • Advised the Association of National Advertisers (ANA) on the development of generative AI principles and guided their integration into a newly designed ethics code.

Kelley Drye & Warren LLP

The advertising and marketing law practice group at Kelley Drye & Warren LLP is based in Washington DC and is comprised of advertising and consumer law specialists. The team handles both regulatory and transactional work, assisting clients with issues such as drafting and negotiating agency agreements, deceptive advertising problems alongside health and safety claims. Donnelly McDowell chairs the group and is well-versed in consumer protection law including expertise in consumer finance, automatic renewal and negative option laws and e-commerce transactions.

Responsables de la pratique:

Donnelly McDowell


Autres avocats clés:

Alysa Hutnik


Les références

‘Alysa Hutnik and her privacy team are the best in the business. They are very savvy about the technology ecosystem and have a keen understanding of the myriad privacy laws and regulations in the US. They are pragmatic advisors who really partner with in-house counsel to do risk assessment and problem solving.’

‘Alysa Hutnik is exceptional. She is always available, smart and fast in finding solutions, and a joy to work with as a person.’

Principaux clients

Kape Technologies


CRI Genetics


Rejuvica


Kendra Scott


Bacardi


H&R Block


Dollar Shave Club


DISH Network


Columbia Sportswear


Principaux dossiers


Olshan Frome Wolosky LLP

Olshan Frome Wolosky LLP‘s advertising, marketing and promotions practice is sought out by clients for its expertise in sweepstakes and contest law as well as regulatory investigations. The firm often assists clients with advertising clearance matters, transactional issues and health claims. Practice head Andrew Lustigman sits in New York and represents marketers, advertisers, agencies and suppliers with advertising and promotional matters. He is well-versed in FDA regulatory requirements for key issues such as health claims, labelling and distribution of health-related products. Also based in New York, Morgan Spina assists with structuring of sweepstakes and games of skill as well as advertising clearance.

Responsables de la pratique:

Andrew Lustigman


Autres avocats clés:

Morgan Spina; Scott Schaffer


Les références

‘They know their area of expertise and they respond to our communications with alacrity. Moreover, they care about us.’

‘Andrew Lustigman is one of the top attorneys in the country in advertising and marketing law. He is a hard worker and has empathy for his clients. Scott Schaffer is both a good lawyer and a caring one, an excellent combination.’

‘The team reviews our sweepstakes direct mail packages with advice and suggestions which is an advantage as most firms do not cover sweepstakes laws and regulations. ’

Principaux clients

Boost Oxygen, LLC


CI-Group LLC


Commerce Media Holdings, LLC


Fareportal Inc.


Fooji, Inc.


G7 Entertainment Marketing, Inc.


Golfballs.com, Inc.


Housewares America, Inc.


Harbor Freight Tools, USA Inc.


North American Nutraceuticals, LLC


Principaux dossiers


  • Advised Fareportal Inc on advertising and marketing practices and handled competitor challenges against and on behalf of Fareportal, Inc.
  • Advised Fooji, Inc. on sweepstakes, contests, and related matters pertaining to “pop-up” promotions on a weekly basis with an advertising spend in excess of $20m per annum.
  • Advised Golfballs.com, Inc. on sweepstakes promotions, which largely include the opportunity to play golf with leading PGA professionals.