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LSKS attorneys advise corporate clients on compliance issues and liability exposure associated with promotional activities, including by providing counseling, negotiation, and litigation services relating to:
- electronic, telephonic, and direct-mail solicitations;
- sweepstakes and contests; and
- sponsorship and licensing agreements.
The services LSKS has provided in this area are wide-ranging. For example, we are experienced in defending companies against false-advertising claims brought under the Lanham Act and against other marketing-related claims, such as class actions brought under the Telephone Consumer Protection Act. See, e.g., Giovanniello v. New York Law Publ’g Co., 2007 WL 2244321 (S.D.N.Y. Aug. 6, 2007) (dismissing putative TCPA class action).
We regularly counsel members of the Specialized Information Publishers Association regarding marketing activities, and argued on behalf of the organization as amicus curiae appearing before the United States Supreme Court that newsletters are entitled to the full protection of the First Amendment rather than the more limited protection afforded “commercial speech.” See Los Angeles Police Dep’t v. United Reporting Publ’g Corp., 528 U.S. 32 (1999).
Our lawyers have also:
- defended a leading outdoor advertising company against claims brought by models depicted in a public-service campaign,
- advised an international fashion company in connection with sweepstakes, contests, and other promotional events,
- represented a major U.S. sports league in litigation over sponsorship agreements,
- provided advice in connection with commercial use of news photographs,
- counseled a leading media and entertainment company concerning “pay-to-play” contests,
- provided advice to a cable television network regarding online promotions,
- negotiated agreements for joint promotions by consumer products companies,
- advised publishers concerning acceptance of advertising for gambling services, and
- represented the National Thoroughbred Racing Association, the TVG Network and account wagering service, Breeders’ Cup Ltd., and various race-track owners in connection with legislation regarding interstate wagering and related issues.
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