James Stewart is an associate in the Intellectual Property and Technology practice and a member of the firm’s National Advertising Team. James focuses on advertising, marketing, branded entertainment and intellectual property issues. He counsels major brands, advertising and marketing agencies, prominent website operators, sports teams, cable, broadcast and streaming networks, and media companies. The Legal 500 has recognized him as a “Rising Star” in Advertising and Marketing for 2022.
James helps clients produce, acquire, distribute, and monetize content, structure and negotiate advertising and marketing agreements and navigate the intellectual property and contractual rights that affect how campaigns are activated and content is distributed across all media.
James prepares and negotiates intellectual property and advertising agreements, including influencer and celebrity endorsement agreements, sponsorship agreements, trademark and copyright licenses, content license agreements, merchandise license agreements, publishing agreements, and other license agreements related to advertising, marketing and entertainment initiatives.
James counsels clients on structuring and executing sweepstakes, contests, and other promotions to comply with state and federal anti-lottery and anti-gambling regulations governing on-line and off-line contest and sweepstakes promotions. In addition, James regularly works with clients on multi-national prize promotion initiatives.
James regularly conducts pre-publication advertising review and analyzes issues related to trademark, copyright, and right of publicity laws. James also counsels clients on compliance with FTC regulations, including the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising.
- J.D., George Washington University Law School
- B.A., Advertising and Public Relations, Universidad de Navarra
- The Legal 500 United States
- Rising Star, Advertising and Marketing: Transactional and Regulatory (2020-2023)
- Super Lawyers, Washington, DC, "Rising Star" (2020-2022)
- Ayuda Pro Bono Volunteer of the Year (2018)
- Reminder: In the age of social influence, fair use must be considered, 20 May 2019
- Law à la Mode: Word of the industry's mouth; Enforcement of IP rights through Ukrainian customs register; E-commerce in Poland; The development of artificial intelligence in the fashion industry; and more, 26 Nov 2018
- Social Media Influencers and Effective disclosures in the US: A delicate balance, 21 May 2018
- Guest Lecturer, "Advertising, Sponsored Content, Influencers, and Celebrity Endorsements," Digital Media Transactions Law Course, University of Southern California Gould School of Law
- Presenter, "Claim Substantiation Requirements for Streaming Platforms," American Conference Institute's 6th Annual Legal, Regulatory, and Compliance Forum on Advertising Claims Substantiation
- Moderator, Content and Intellectual Property Licensing, Video Game Bar Association Summit Northwest in Seattle, Washington, October 2022
- Moderator, Brand Activations in the Metaverse: A Practical Case Study with Chipotle, 2022 ANA Law Virtual One Day Conference, July 2022