Clearance and Promotions

  • reviewing and clearing advertising copy for use in broadcast, online and offline media;
  • advising clients on compliance with advertising regulation and law, including in relation to children, alcoholic drinks, gambling, fantasy sports, pharmaceutical products and devices, cosmetics, food and beverage, and environmental claims;
  • advising on sweepstakes/ prize draws, skill competitions and other promotions, often spanning multiple countries (including producing terms and conditions, obtaining licences and complying with other formalities where required, advising on tax aspects, and dealing with related complaints and disputes);
  • advising on IP infringement risk in advertising and on strategies to minimise such risk;
  • advising on product labelling and packaging regulation (including for highly regulated/ restricted products like pharmaceuticals, medical devices, alcohol, tobacco, cannabis);
  • advising on pricing and distribution advertising issues, often in conjunction with our competition (anti-trust) team;
  • advising sponsors, rights-owners and third party brands on ambush marketing issues around major sporting events;
  • advising on financial and consumer credit advertising and promotions, in conjunction with our colleagues focusing on those areas of regulation;

Disputes / Investigations

  • representing clients on cases before national (and state) advertising regulators (including filing complaints against competitors);
  • representing clients on litigation and arbitration relating to advertising and marketing (including IP and consumer law claims between competitors, internet keyword advertising disputes, contractual disputes with agencies and suppliers, and class action and other claims by consumers);
  • advising clients on governmental investigations and consultations relating to advertising and marketing;
  • defending clients from criminal prosecutions for advertising offences, in conjunction with our White Collar and Corporate Crime team;

Transactional

  • negotiating creative agency engagement agreements;
  • structuring and negotiating media planning and buying agreements;
  • sports and other event marketing and sponsorship agreements;
  • preparing and negotiating joint promotion alliances for product launches and tent-pole motion picture releases;
  • analyzing and licensing copyright, trademark, publicity and other intellectual property rights associated with advertising and marketing projects;
  • structuring and activating social media campaigns, branded entertainment initiatives and customer loyalty programs;
  • commercial agreements for e-sports telecasts, virtual reality productions and other innovative content initiatives;
  • preparing endorsement agreements with celebrities and influencers;

Data Privacy

  • advising (in conjunction with our leading Data Protection and Privacy team) on all data protection and privacy aspects of such advertising work (including direct marketing campaigns, behavioural advertising and ad-tech, privacy aspects of promotions, dealing with regulatory investigations and data breaches arising out of marketing campaigns).