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Advertising, Marketing & Promotions

Davis Wright Tremaine has earned its reputation as a go-to national firm offering unmatched breadth and depth in advertising, promotions and marketing matters. Supplemented by our firm’s experience in related areas such as technology, media, privacy, intellectual property and entertainment, our advertising lawyers represent a broad spectrum of clients, including Fortune 100 companies in the consumer products, technology, communications and health care fields, multinational advertising agencies and leading media and entertainment companies.

Our attorneys are active participants in industry groups and speak regularly at conferences, seminars and other events hosted by organizations such as the Brand Activation Association, the Media Law Resource Center and the National Advertising Division of the Council of Better Business Bureaus. In addition, one of our attorneys co-authored the leading guide to advertising and commercial speech, and we have filed amicus briefs in every significant First Amendment commercial speech case before the U.S. Supreme Court over almost three decades, in addition to participating in many important cases in lower courts.

Our lawyers repeatedly have been acknowledged for their expertise in this area. Davis Wright Tremaine has been recognized by Chambers USA in the Advertising: Transactional & Regulatory, First Amendment Litigation, Intellectual Property Litigation, Trademark & Copyright and Media & Entertainment categories, including being honored with the 2013 “Award for Excellence” in the media category. In addition, our firm was named 2013 “Law Firm of the Year” in both First Amendment and Copyright Law by U.S. News & World Report and Best Lawyers and was selected as “Law Firm of the Year” by the Association of Media and Entertainment Counsel (AMEC).

Clients rely on our lawyers for:

  • Review of advertising and promotional materials in all media
  • Litigating advertising-related disputes, including before the NAD and NARB
  • Advising on regulatory compliance and litigating matters (including defense of class action lawsuits) concerning telemarketing, “spam” and “do not call” restrictions
  • Negotiation of talent, endorsement, branded content, product placement and sponsorship agreements and counseling on compliance with requirements of SAG AFTRA and other advertising-related unions and guilds
  • Advice on use of social media, mobile devices and other new media and technologies for marketing purposes
  • Counseling regarding substantiation and assessment of advertising claims, including review and development of clinical and consumer studies
  • Representation in connection with promotions law issues, including preparation of sweepstakes and contest rules and disclosures, drafting rules, releases and disclosures, advising on state registration and bonding issues and compliance with promotion-related guidelines of social media outlets and other platforms
  • Advising on loyalty programs and on sales practices such as "free" offers and the use of gift cards and coupons
  • Negotiating and drafting agreements with intellectual property licensors, technology providers and other advertising related service providers
  • Negotiating and drafting agreements between advertisers and ad agencies and other marketing services providers
  • Assisting clients in compliance with laws relating to regulated industries and products, such as financial services and alcoholic beverages
  • Providing strategies to address legal and industry self-regulatory matters concerning online behavioral advertising practices
  • Advising advertisers and web publishers on legal issues relating to user-generated content, including the application of the Digital Millennium Copyright Act and Communications Decency Act safe harbors
  • Counseling clients on the application of the FTC’s endorsement guides
  • Advising publishers and advertisers on media purchase agreements and insertion orders
  • All manner of privacy and security issues, including development of privacy policies and incident response, as well as advice regarding compliance with federal and state privacy and security laws and regulations, industry codes and contractual obligations
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Recognized by Chambers USA