Saul Ewing has extensive experience advising clients on their advertising, branding and marketing initiatives. Our team brings together attorneys with experience in intellectual property, entertainment and media law and consumer protection to help clients build strong, legally protected brands. From contract negotiation and digital media guidance to regulatory compliance and brand strategy, we help clients navigate the competitive, heavily-regulated and rapidly-evolving landscape of modern advertising. This includes advising on publicity, promotion and brand activation initiatives, as well as licensing and merchandising opportunities.
Our clients include public relations, marketing, and advertising agencies; individuals such as celebrities, influencers and creative content owners; and publishers, broadcasters, and production companies. We work across industries such as media, entertainment, consumer goods and services, technology, food and hospitality, fashion, music, communications, financial services, and sports.
We provide comprehensive services in the following areas:
Advertising Review and Compliance
- Claim substantiation
- Content review and clearance for digital, social, broadcast and traditional media
- Marketing programs, including sweepstakes, promotions, contests and loyalty programs
Agreements
- Master Service Agreements (MSAs)
- Agreements related to sponsorships, endorsements, publicity, agencies, talent, influencers, spokespersons, producers, publishers and broadcasters
- Screen Actors Guild - American Federation of Television and Radio Artists (SAG-AFTRA) agreements
Intellectual Property
- Registering, reviewing and devising trademark protection strategies related to domain names, including use of the Trademark Clearinghouse
- Registering copyright agents with the Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA)
- Licensing and distribution
- Generative artificial intelligence (AI) issues
Regulatory Enforcement
- Federal Trade Commission (FTC), Food and Drug Administration (FDA) and National Advertising Division (NAD) enforcement and dispute resolution matters
- Commercial speech and First Amendment rights and defenses
Privacy
- Navigating and complying with state, federal and international privacy laws and regulations related to advertising
- Privacy policies and terms of use
Social Media
- Social media and influencer guidelines
- Social networks: formation and operation, including publicity, intellectual property, risk assessment and reduction strategies, vendor agreements, and network policies
Websites, Applications and Digital Marketing
- Advising on development and design
- Compliance with the Children’s Online Privacy Protection Act (COPPA)
- FTC guidelines on employee, consumer and blogger endorsements
Media Development
- Music licensing and publishing
- Film development and financing
- Podcast development and distribution agreements
- Interactive media development and rights agreements
- Media technology development and transactions
- Media acquisition and transfer agreements
