K&L Gates’ Advertising and Marketing Law group focuses on helping clients accomplish their goals and solve problems they encounter in connection with a broad range of advertising, promotion, and marketing activities, including data usage and privacy issues arising in connection with online and mobile advertising platforms.

We provide comprehensive legal services to our clients engaged in advertising and marketing activities, including advice on brand creation and protection, advertising regulations, comparative advertising, art and copy clearance, regulatory compliance, agency contracts, talent and production contracts, direct marketing, consumer promotions and competitions, data and privacy issues, and gambling regulations and cookie compliance for web tracking and behavioral advertising online.

We also help our clients conduct local and global marketing and advertising campaigns and operate their businesses in a highly competitive environment. We assist by navigating our clients through regulatory processes in getting their products to market, including planning and development, approval and marketing, and compliance and enforcement.

Our knowledge of the law, combined with our broad range of subject-matter experience, enables us to provide practical legal advice in the many legal disciplines that are critical in this sector and in the many business activities essential to our clients, such as sophisticated counseling, mergers and acquisitions, regulatory compliance, and litigation and alternative dispute resolution.

Our lawyers pride themselves in working closely with in-house marketing teams to manage the day-to-day demands and avoiding potential legal pitfalls prevalent in the industry. Our clients include marketing and advertising agencies, brand owners, production companies, industry associations, and media owners.

Specific industry experience includes:

  • conducting strategic brand reviews for international organizations
  • developing brand use guidelines and marketing material approval protocols
  • advising on comparative advertising and competitor advertising
  • reviewing product labelling and packaging, including warranties
  • advising on misleading and deceptive claims or conduct and false representations
  • developing and advising on selling and promotional techniques and claims
  • advising on social media strategies and promotions
  • advising on premium, credence, and environmental claims
  • advising on pricing
  • advising on trade promotions and lotteries
  • advising on compliance with specific industry regulatory requirements, such as product safety, therapeutic goods legislation, trade descriptions, country of origin, mortgage lending, and food and health legislation
  • advising on and assisting clients with compliance with product safety standards, mandatory reporting, product recalls, and subsequent public relations campaigns
  • assisting clients under investigation by regulatory agencies
  • implementing compliance programs
  • advising clients on compliance with consumer protection laws