With a clear understanding of the ins and outs of the advertising, marketing and promotions sector, Olshan lawyers structure, negotiate and assist in closing industry-leading transactions across all communications channels.
Sound Legal Advice and Practical Solutions
For decades, our lawyers have provided clients with sound legal advice on advertising, marketing and promotions issues and practical solutions to the problems they face. With carefully crafted, properly drafted agreements, terms and conditions, we mitigate risk and often enable clients to avoid contention.
Our lawyers negotiate, draft and enforce the full range of advertising and marketing-related business agreement including:
- Partner, affiliate, collaboration and co-promotion agreements
- Marketing and advertising agency contracts
- Software development and usage agreements
- Content and technology acquisitions, licensing, sublicensing and sourcing contracts
- Influencer, sports figure and celebrity endorsements, sponsorships and promotions
- Broadcast agreements
- Music, talent, image and product licenses
- Customer list rental, management, brokering and sales contracts
- Business, product line and marketing program acquisitions and sales
- Vendor, supplier, distributor and freelance agreements
- Lead-generation agreements
- Sweepstake and contest rules and fulfillment terms
- Nondisclosure, noncompete and confidentiality agreements
- Web agreements, terms, conditions and disclosures
- E-commerce-related transaction agreements, terms and conditions
- Warranties, representations and disclaimers
Strongly believing in the value of proactive risk avoidance, we offer strategies to minimize our clients’ exposure and establish enforcement protocols regarding when, how and where legal action should be taken if an agreement is violated. If an amicable resolution proves unachievable, our experienced advertising, marketing and promotions litigators are ready and able to take matters to federal and state courts and applicable arbitral bodies, including the American Arbitration Association, JAMS and the International Centre for Dispute Resolution. We have successfully enforced breaches of service and distribution agreements, noncompete provisions, and supply breaches.
Further, we work closely with our industry-focused regulatory lawyers to avoid statutory challenges by guiding e-commerce marketer clients with applicable laws and regulations governing their online marketing.
Advertising and Marketing Specialty Counsel to Other Law Firms
In addition to maintaining our own active practice, often we are retained by global corporate law firms as specialty counsel in advertising, marketing and promotions matters in connection with their clients’ important corporate transactions. We conduct due diligence and advise on the advertising and marketing aspects of deals like lead generation, marketing plans and campaigns, especially when highly regulated industries are involved, while respecting incumbent law firm relationships.
- Represented a leading in-person conference provider in several acquisitions of U.S. conference programs.
- Assisted a top five Am Law 100 firm on a target’s advertising and marketing practices in connection with multiple transactions.
- Represented a public social media sponsorship company in its completion of a $12 million PIPE financing transaction of common stock and warrants and in numerous acquisitions.
- Served as specialty counsel to one of the world’s largest lenders in connection with due diligence review of a borrower’s lead-generation and advertising practices.
- Created international product distribution agreements for innovative cosmetic developer.
- Developed influencer agreements for health and nutrition brands.
- Negotiated a sponsorship agreement for high-profile cover model magazine promotion.
