“. . . efficient, thorough, and highly professional, . . . they have the [u]nique ability to befriend and become trusted advisors to their clients.” The Legal 500 United States
Olshan represents clients in regulatory investigations and enforcement actions and provides proactive, strategic advice and preventative measures on compliance matters. Clients benefit from our ability to help them minimize regulatory scrutiny, reduce risk and enhance their advertising, marketing and promotional efforts.
Clients spanning diverse industries, including food, health, dietary supplements, medical and cosmetic products, financial, travel, technology, telecommunications, and children’s products, call on us to provide preventative solutions and defense in compliance matters. With decades of experience before regulators, we help clients develop comprehensive business strategies that keep marketing activities on the safer side of the line.
Advertising Compliance
Advertising Clearance and Claim Substantiation
Claim substantiation and clearance are crucial components of legal compliance. We help clients ensure that advertising claims are substantiated and comply with all state and federal laws, applicable advertising laws, self-regulatory body requirements and individual advertising platforms such as Google and Meta. When needed, we find appropriate alternatives and provide constructive legal advice on issues quickly so advertisers can stay on schedule with their marketing activities.
Direct Marketing
Clients rely on our Advertising, Marketing & Promotions Group to handle compliance requirements across various direct marketing activities, including direct mail, telemarketing, text message campaigns, direct to consumer, banner ads, pay-per-click ads, email marketing and inserts. Highly experienced in all regulatory compliance requirements, as well as in text messaging and ADAD/autodialer matters, our lawyers also conduct due diligence and represent telemarketing suppliers in establishing best practice protocols and defending regulatory inquiries, investigations and litigation.
Digital Marketing, Including Social Media
We guide clients in meeting all state and federal obligations relating to advertising claims, endorsements, celebrity images, intellectual property use and leveraging third-party user-generated content. Our lawyers are well versed in the FTC’s Endorsement Guides and FTC regulations relating to social media. In addition to meeting state and federal regulatory requirements, we also work closely with clients to ensure that social media and internet platforms’ unique guidelines are clearly understood and adhered to.
Environmental/Green Advertising Claims
We represent companies that produce, market and distribute green products in the U.S. and worldwide at every stage of their advertising campaigns, from materials review, advice on using green terminology, and competitor, regulatory and consumer challenges, to regulatory investigations, enforcement and litigation.
Food, Drug, Dietary Supplements & Cosmetics
Leading food, drug, dietary supplement and cosmetics sector clients depend on us to guide them through the maze of regulatory requirements, substantiating product safety and marketing claims, representing them in investigations and enforcement matters, and executing major transactions with retailers, suppliers, manufacturers and investors. From product efficacy, pricing and natural products claims to health benefits and safety assertions, we ensure clients comply with all regulatory requirements.
We have successfully represented clients facing FDA, FTC, and state regulatory actions, Lanham Act claims, and the state boards of pharmacy. We also frequently appear before self-regulatory bodies, including the National Advertising Division.
Privacy, Data & Security
Olshan’s Privacy, Data & Security lawyers work with clients to craft bespoke privacy policies and practices that address privacy compliance issues relating to lead generation, consumer targeting, cross-border transactions and data breach response and remediation, among many others. The team includes Brand Management & Protection Group Co-Chair Mary Grieco, who is certified as an Information Privacy Professional for Europe (CIPP/E) by the International Association of Privacy Professionals and counsels clients on data privacy laws and compliance with consumer privacy laws and related issues.
Telecommunications Marketing
Olshan represents telecommunications provider companies subject to regulation by the Federal Communications Commission, state Public Utility Commissions, Public Services Commissions and public utility boards. We also represent clients in investigations and civil litigation cases involving their marketing of telecommunications services and maintaining private information.
Regulatory Investigations and Enforcements
Olshan’s regulatory enforcement and investigations team includes former government prosecutors who defend clients in investigations and enforcement actions before federal, state and local regulatory agencies such as the FTC, FDA DOJ, FCC, USPS, CFPB and state attorneys general and state district attorneys. We regularly represent clients facing investigations for violations of Section 5 of the FTC Act, as well as rules enforced by the agency, and handle investigations, enforcement actions, and litigation relating to the FTC’s Testimonial and Endorsement Guides, CAN-SPAM, the Telemarketing Sales Rule, Regulation E (billing practices), among other rules and regulations.
