Behind the Scenes

Arent Fox's advertising law blog - latest news and trends in advertising, data security & privacy, and fashion & entertainment.

Behind the Scenes

Services

Promoting and protecting your business is serious business. And we make that our business.

Arent Fox is one of the leading advertising and promotions law firms in the country. We have a wealth of experience counseling clients on their own advertising and promotions and in handling disputes relating to false or misleading advertising used by our clients’ competitors.

Our lawyers represent a diverse range of clients — with a focus on media, television, and consumer products companies — in all aspects of advertising and promotions; we have significant experience in clearing promotions and advertising globally.

Advertising

Arent Fox advises on all aspects of advertising and trade regulation law. We counsel businesses on how to avoid and respond to investigations by federal and state government agencies for alleged false advertising, unfair sales, and marketing practices. We litigate false advertising and unfair competition claims between competitors in court and in the industry’s self-regulatory proceedings. Representative clients include: Discovery Channel, Corbis Corporation, Google, Red Hat, Diesel, Benetton, Hasbro, The Limited, PlayStation and Victoria’s Secret.

COPPA & GLB

Our attorneys are also well versed on the requirements of the Children’s Online Privacy Protection Act (COPPA) and the Gramm-Leach-Bliley Act (GLB). Many of our clients manufacture products for children, as well provide television programming and Internet content to kids. This background has given us a broad range of experience with COPPA and its requirements. Alternatively, we also have many clients who offer financial services via the Internet, and in brick and mortar locations. As such, we routinely counsel clients on GLB notification requirements.

E-Commerce

Our attorneys have an in-depth understanding of the ways that technology is changing how consumers shop and how these changes impact our clients. E-commerce is the intersection of advertising, intellectual property, consumer protection, privacy, and payment processing law. Arent Fox has a comprehensive knowledge of each of these areas so that it can assist its clients with all aspects of e-commerce - from the initial development of an online or mobile store to product fulfillment requirements.

Green Advertising

It may not be easy being green, but it is definitely the way of the future. Green advertising piques the interest of consumers - many of whom are very concerned about global warming and their global footprint. While some advertisers may think that it is acceptable to release messages and stamp products with a “green label,” or “environmentally friendly” logo, it is important to consider the implications of the message being sent. The Federal Trade Commission (FTC) has issued the “Guides for the Use of Environmental Marketing Claims,” (the “Green Guides”) which provide companies with information regarding how the agency views false advertising statements in the area of environmental marketing claims. For example, marketers cannot make an unqualified claim that something is “recyclable” if consumers to whom it is being marketed do not have access to facilities that can recycle and process the product. Substantiation and qualification are key. We can help you in confirming that the message you are conveying is accurate. That way, you can focus on being green, while we will focus on making sure your customers know it.

Labor & Employment

Arent Fox has substantial experience advising its fashion and luxury goods clients in all aspects of labor and employment counseling and litigation. We are regularly called upon to review and audit our clients’ existing policies, procedures, and practices to help reduce potential exposure, as well as to train retail managers and rank and file employees on compliance with labor and employment laws. We advise retailers on complex human resources issues like wage and hour matters, dealing with ill and injured employees, discipline and termination decisions, investigation of internal discrimination and harassment complaints, and uniforms and clothing allowances. Our attorneys negotiate and draft executive employment and separation agreements as well as nondisclosure, nonsolicitation, and noncompetition agreements. When disputes develop, we defend our clients in arbitrations, in claims before federal and state administrative agencies like the Equal Employment Opportunity Commission and the US Department of Labor, and in federal and state courts across the country. We also represent our fashion and luxury goods clients in lawsuits against former employees and competitors for misappropriation of trade secrets, enforcement of restrictive covenants, and other claims involving unfair competition.

Mobile Marketing

While marketing in the mobile age is often different than marketing in the past, it does not have to be difficult. With more and more consumers reaching to their phones and tablet computers before reaching for a newspaper, companies must adapt their marketing techniques to the changing times. While consumers can shorten their messages by removing letters and substituting characters, however, many companies often do not have that luxury. Our practice focuses on new and relevant guidelines and regulations in the mobile marketing space. The guidance we provide to clients includes information regarding mobile promotions (contests and sweepstakes), mobile advertisements, content that must be included with commercial text messages, and mobile privacy considerations.

Payment Processing, Electronic Fund Transfers & Mobile Payments

Our clients offer consumers some of the most cutting-edge shopping experiences - both online and through brick and mortar stores. Arent Fox has assisted its clients in issues related to payments initiated by mobile device, telephone and Internet-initiated electronic transfers, preauthorized electronic fund transfers, and the procedures to resolve errors and consumer complaints to help comply with the Electronic Funds Transfer Act (EFTA) and the rules of the National Automated Clearinghouse Association (NACHA).

Product Fulfillment

Arent Fox has extensive experience assisting clients with product fulfillment issues, including complying with the “30-day mail order” rule. Arent Fox also has assisted clients with fulfillment agreements and was involved in defending a client in one of the largest Federal Trade Commission (FTC) investigations related to fulfillment breaches.

Product Placement & Distribution

Arent Fox has substantial experience on the legal issues related to product placements in movies, television shows, and in social media. Specifically, we have advised Discovery Channel, Pixar, Apple, and LG Electronics on issues related to the sponsorship, placement, trade-outs, and other means of financing content. Arent Fox has assisted its clients on behalf of trademark holders on the placement of advertising, and has also been involved in the inclusion of the brand in movie and television productions.

Promotions, Sweepstakes & Contests

Arent Fox has assisted its clients with some of the biggest and boldest promotions launched in the past decade. Our clients are creative and savvy, and look to their lawyers for solutions that take into consideration the vision for the promotion as well as the legal parameters. As such, we recognize that there are risks worth taking, while advising on strategies to minimize those risks. Our attorneys guide clients on all aspects of the development of a promotion. We routinely assist clients with the structure, terms, marketing materials, and fulfillment issues both in the United States and globally.

Publicity Rights

Arent Fox represents and counsels motion picture, television, and music producers; advertising agencies; licensing companies; photo stock houses; and individual rights holders regarding right of publicity law. Our lawyers have served as counsel in several landmark right of publicity cases in California and other jurisdictions, and they have published and lectured extensively in the area.

Social Media

In the world of social media, friends and followers are valuable. It is not always easy, however, to convey the right message in 140 characters or less. More importantly, the message being conveyed and the way that it is sent to consumers may still be monitored by not only the social media website, but also by regulators and competitors. Our practice has experience with social media marketing campaigns. We have assisted clients with creating promotions that launch through social media websites, as well as assisted social media websites with their terms and conditions. With this ever-evolving area, we are here to assist our clients by helping them to comply with the various regulations surrounding this area and, in the end, to make “friends.”

Telemarketing & Other Direct Marketing

Arent Fox understands how important it is for our clients to reach their customers. Our lawyers are experienced in reviewing and advising on dynamic marketing campaigns for our clients - both online and offline - including telemarketing, direct mail campaigns, e-mail marketing, and search engine marketing. Arent Fox also counsels clients on compliance with Do Not Call, Do Not Mail, and CAN-SPAM requirements so that our clients can minimize their risk while maximizing their reach.

User-Generated Content

User-generated content promotions create brand loyalty in a community environment. Additionally, these promotions allow fans to express their ideas and enthusiasm about products. For these reasons, many companies are conducting contests and promotions in which consumers develop software applications, commercials, slogans, and other marketing materials for the companies’ use. Our attorneys are well versed in the advertising, intellectual property, publicity, and privacy issues that arise with the use of user-generated content. We understand why you want to use it, and we look for ways to allow you to use it.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.