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Advertising
Law.

Advertising & marketing advice from an attorney with experience as both a Chief Marketing Officer and the owner of a marketing agency. 

Having led digital marketing initiatives at a global enterprise, as well as running a successful marketing agency for over a decade, I bring a unique blend of practical experience to assist you in navigating the complexities of advertising law.

Digital Marketing and Advertising

Digital marketing offers immense options, opportunities and challenges for advertisers. We can assist in the reviewing your advertising campaigns in order to be both effective and compliant with legal standards regardless of the channel or tactic. 

Experience includes:

- Display advertising vendor contract negotiation and agreements.

- Global data compliance with social media ads, 1st party audience usage, retargeting and 3rd party data enhancements.

- LiveRamp and Tradedesk advertising and identity data protection compliance policies and contract reviews. This resulted in company moving forward with vendors to de-anonymize data and target effectively.
- Oversaw ABM platform partner agreements and B2B advertising, data usage, analytics and customer journey tracking.

- Drafted global influencer marketing agreements (USA, UK, EU) with top Youtube influencers for online videos. Oversaw compliance in messaging and advertising. 

 

Advertising Reviews & Compliance

Your advertisement's compliance with legal norms begins at the conception stage. We offer pre-publication review of advertising content, and counsel on media contracts and production agreements. This preventive strategy helps in mitigating risks and avoiding costly legal pitfalls. The golden rule is to be truthful in your advertising.

Experience includes:

  • Influencer agreements and compliance guidelines.

  • FTC Green Guide advertising compliance reviews.

  • AI legal prompt engineering for FTC compliance.

  • Life sciences and Pharma regulatory marketing content compliance

  • Website and landing page content draft reviews

  • Marketing dept. legal compliance trainings.

  • IP usage and rights guidelines. 

Brand Protection and Usage Guidelines

Your brand is one of your most valuable assets. We offer comprehensive brand protection, offering legal services that extend from initial trademark registration to the enforcement of your intellectual property rights. With custom guidelines, we help you maintain the integrity of your brand, ensuring it remains distinctive, protected, and compliant. Consistency and integrity are the pillars of brand strength. We can assist you in developing comprehensive brand usage guidelines to enforcing them.
 

Experience includes:

  • Trademark registration and enforcement

  • Drafting and implementing brand guidelines.

  • Action against infringing parties.

  • Brand licensing and 3rd party restricted use agreements.

Data Privacy & Compliance in Marketing

Protecting users' information and ensuring compliance with data privacy regulations are critical for companies or they risk massive fines and lawsuits. Implementing privacy policies and customer data protocols to mitigate legal and reputational consequences. I have worked with millions of data contacts utilizing CRMs, CDPs, marketing automation, ERPs and data lakes. I understand and can help identify potential legal issues with your data flows, access, security and storage. 

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  • Implementing customer data usage and retention policies.

  • Review of customer data flows, access and use.

  • Safeguarding digital assets with 3rd parties.

  • Data sharing and licensing.

  • Navigating complex privacy laws and GDPR compliance

  • Contact data ingestion, opt-in and 

  • Privacy policies and customer opt-ins/opt-outs

Marketing Activities, Loyalty and Promotions

Executing marketing strategies requires not just creativity but also a rigorous understanding of the applicable laws and regulations. Whether you're planning a high-stakes sweepstakes, setting up a customer loyalty program, or anything in between, I help ensure that your promotional activities are run effectively and within safe legal boundaries.

Experience includes:

  1. Campaign Advisory: Advising businesses on promotional laws, and drafting program guidelines.

  2. Loyalty Program Expertise: Experienced in drafting and auditing loyalty program terms, conditions, and contracts, ensuring both customer engagement and legal compliance.

  3. Loyalty Marketing Reviews: Provide meticulous legal reviews of loyalty promotions, rewards, opt-ins, exclusions, rules and record keeping. Saving clients both embarrassment and legal exposure!

  4. Online Contest Management: Drafting rules, terms, and conditions for online sweepstakes and contests, across the United States and advising on international customers.

  5. Terms and Conditions: Custom draft of terms and conditions of various marketing activities, online discounts, coupons and promotions. 

  6. Data Privacy in Loyalty Agreements: Skilled in drafting and reviewing customer loyalty agreements with a focus on data privacy implications and 3rd party data exposures.

Regulated Advertising

Navigating the complex landscape of advertising regulations in specialized industries requires both deep knowledge and hands-on experience. We guide you through the intricate requirements set by bodies such as the FDA, FTC, and other industry-specific organizations. From pharmaceuticals and environmentally-focused campaigns to high-risk sectors like tobacco and financial services, we offer legal advice to ensure your advertising efforts are not only effective but also fully compliant.

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  1. Pharmaceutical Advertising: Advise the complex FDA requirements for prescription drug advertisements, ensuring both efficacy claims and side-effect disclosures are in full compliance.

  2. Environmental Marketing: Specialized guidance on adhering to the Federal Trade Commission's Green Guides, ensuring environmental claims such as "eco-friendly" or "sustainable" are substantiated and non-deceptive.

  3. FDA Compliance: Comprehensive legal advice on Food and Drug Administration regulations, from dietary supplements to medical devices, ensuring accurate labeling and marketing practices.

  4. Federal Trade Commission (FTC) Adherence: Mastery of the intricacies of federal advertising laws, including making sure your campaigns tell the truth and avoid misleading consumers, as mandated by the FTC.

  5. High-Risk Industry Focus: Experienced in specialized sectors such as tobacco, alcohol, and financial services, ensuring all advertising practices are aligned with respective regulatory bodies

  6. Cannabis advertising: Experienced in online marketing and advertising of cannabis devices and services. 

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