Marketing, Advertising and Sweepstakes

The complex regulatory climate surrounding both digital and traditional marketing, advertising, sweepstakes and sales promotions has never been more demanding – for companies and advertising agencies alike. With questions such as how to create a permissible campaign or how to make consumers aware of the data that is being collected from them, brands and marketers are under immense pressure to ensure that their campaigns check myriad boxes.

Holland & Knight's Marketing, Advertising and Sweepstakes Team is a full-service practice. Our attorneys are experienced in guiding clients on managing and minimizing the legal risks associated with these campaigns, as well as pursuing litigation on behalf of clients or defending clients against various claims.

Our lawyers include former regulators who have worked in relevant government agencies. The team hosts a regular webinar series, "Conversations that Matter," featuring interviews with senior government officials, including members of the Federal Trade Commission (FTC), as well as industry thought leaders, general counsels and policymakers concerning critical advertising, marketing and consumer protection issues.

Front-End Compliance, Counseling and Transactional Representation

Holland & Knight's Marketing, Advertising and Sweepstakes Team counsels clients on minimizing the legal risks associated with various marketing and advertising channels, including social media marketing, mobile marketing, e-retail, online communities, social influencers, native advertising, email and telemarketing, and promotional devices (including sweepstakes, contests and giveaways). This counsel includes overseeing:

• the review and dissemination of advertising and marketing campaigns
• the development and implementation of social media, advertising, marketing and promotional policies and procedures
• the creation and implementation of promotional device campaigns (sweepstakes, contests, and giveaways), loyalty and rewards programs, commercial co-venture relationships, and other similar promotional marketing and charitable marketing campaigns, including drafting official rules, consumers disclosures and preparing necessary agreements and other related program documents
• transactional matters such as sponsorship agreements, product branding agreements, licensing agreements, agency-client agreements, talent, influencer and endorser agreements, and other similar advertising and marketing agreements

Our attorneys also advise clients on associated data privacy laws, risk assessments and policy development, and strategies for monetizing data. Our lawyers have extensive experience helping clients navigate federal laws, including FTC Section 5 requirements, state privacy and security laws, and advertising industry standards and frameworks.

Marketing and Advertising Litigation

Creating a successful marketing and advertising campaign or innovative sweepstakes content can be a significant achievement for a company. However, such initiatives can also attract lawsuits or enforcement proceedings. Our Marketing, Advertising and Sweepstakes attorneys have substantial experience litigating a wide range of claims relating to advertising, marketing and sweepstakes.

Our lawyers' experience includes:

• government litigation and investigations, FTC investigations and state attorney general investigations
• unfair business practices/unfair competition claims
• false advertising/truth in advertising matters, including "Made in the USA" claims and efficiency claims
• data privacy claims, including the improper collection of data through advertisements and undisclosed sharing of information through third-party tracking tools (cookies, pixels, session replay, etc.)
• right of publicity claims
• intellectual property claims, including trademark and copyright infringement
• comparative advertising claims