Transactional

  • Structuring and negotiating media planning and buying agreements as well as advertising and promotions agency agreements
  • Structuring and negotiating league-level and team-level sports marketing and sponsorship agreements, including jersey sponsorship agreements and stadium naming rights agreements
  • Negotiating endorsement and personal-services agreements on behalf of major consumer brands with athletes, social media influencers and A-list celebrities from the sports, fashion, music and entertainment industries
  • Preparing and negotiating joint-promotion alliances for product launches as well as tent-pole motion picture and other content releases, esports telecasts, branded entertainment productions and other innovative content initiatives
  • Analyzing and licensing copyright, trademark, right of publicity and other intellectual property rights associated with the use of pre-existing third-party materials in advertising campaigns and branded entertainment initiatives
  • Conducting diligence on content libraries in mergers and acquisitions between corporate entities and determining whether the scope of licensed rights extends to new technologies
  • Coordinating with our Data Privacy and Protection team to navigate the state, federal and international privacy laws implicated by online, mobile and other digital advertising initiatives and campaigns
  • Negotiating sports media broadcast and other content distribution agreements
  • Structuring and activating commercial co-venture campaigns in which the purchase of a product also benefits a nonprofit or charitable organization
  • Advising on compliance with state and federal regulations governing online and mobile gaming, fantasy sports, esports tournaments, virtual currencies, digital goods and high-profile contest and sweepstakes promotions around the world
  • Resolving disputes that arise between competitors in connection with national advertising through negotiation, litigation and National Advertising Division (NAD) proceedings
  • Structuring and activating customer loyalty and automatic-subscription-renewal programs

Clearance and Promotions

  • Reviewing and clearing advertising copy for use in broadcast, online and offline media
  • Advising on compliance with advertising regulation and law, including in relation to sustainability and environmental, social and corporate governance (SESG) claims; children; alcoholic drinks; gambling; esports; pharmaceutical products and devices; cosmetics; and food and beverage
  • Advising on sweepstakes and prize draws, skill competitions and other promotions, often spanning multiple countries. Our work includes producing terms and conditions, obtaining licenses and complying with other formalities where required, advising on tax aspects and addressing related complaints and disputes
  • Advising on good-cause promotions (eg, compliance with charity laws)
  • Advising on IP infringement risk in advertising and on strategies to minimize such risk
  • Advising on product labeling and packaging regulation, including for highly regulated or restricted products like pharmaceuticals, medical devices, alcohol, tobacco and hemp
  • Advising on pricing and distribution advertising issues, often in conjunction with our Antitrust and Competition 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

DLA Piper’s Advertising Litigation and Disputes team counsels companies on the false advertising and regulatory issues that are increasingly critical for their businesses. We partner with our clients, helping them to investigate, pursue and defend against advertising claims, regulatory and criminal investigations, while providing practical guidance on matters of claim development, assessment and substantiation with an aim to mitigate risk and even avoid disputes altogether.

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, behavioral advertising and ad-tech, privacy aspects of promotions, and regulatory investigations and data breaches arising out of marketing campaigns