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Advertising, Branding, and Social Media

Attorneys in our advertising and social media practice provide comprehensive representation and counseling regarding the various legal challenges associated with traditional and digital advertising, adtech, contests and promotions, and social media that companies encounter today.

Overview

Memes, GIFs, Snapchat, Facebook, Instagram, influencers, DMCA, UGC, #ads, and more…. Attorneys in our advertising and social media practice provide comprehensive representation and counseling regarding the various legal challenges associated with traditional and digital advertising, adtech, contests and promotions, and social media that companies encounter today. Our advertising and social media law team represents clients from a wide array of industries including retail, food and beverage, manufacturing, technology, software development, marketing, digital publishing, transportation, restaurant, energy, nonprofit, financial, healthcare, pet food, and hospitality, among others.

Our advertising and social media law attorneys help companies mitigate risk while marketing and interacting with consumers online. We have vast expertise in traditional advertising and cutting-edge digital marketing and social media issues, and our experience includes legal issues involving Facebook, YouTube, Snapchat, Twitter, Instagram, LinkedIn, mobile apps, and personal and professional blogs. Our clients span a wide array of industries, including retail, food and beverage, manufacturing, technology, software development, marketing, digital publishing, transportation, restaurant, energy, nonprofit, financial, healthcare, pet food, and hospitality, among others.

Our experience in this field includes the following: intellectual property (including trademark and copyright clearance, prosecution, and enforcement), software and application development, photo and location releases, consumer and competitor litigation (including class actions), Food & Drug Administration (FDA) regulations, Federal Trade Commission (FTC) guidelines and investigations, other labeling and packaging regulations, Digital Millennium Copyright Act (DMCA) takedown requests, National Advertising Division (NAD) proceedings, website disclosures, social media policies and practices, endorsement policies and practices, First Amendment issues, and data privacy, among other areas.

We have significant experience in responding to consumer complaints and threats of litigation. This includes defending clients against false-advertising claims and other allegations relating to advertising, marketing, and social media materials and representations, whether such claims are brought in consumer putative class actions, competitor suits, or actions instituted by government and industry agencies. We have experience assisting clients with bringing actions against others relating to false advertising, comparative advertising, and defamatory statements (including online statements). We also provide advice and solutions to companies regarding complaints about competitors’ advertising involving the infringing use of trademarks, copyrights, and other forms of intellectual property.

Our advertising and social media team also assists companies with social media policies and practices, social media takedowns, Uniform Dispute Resolution Policy (UDRP) proceedings, employee use of social media, use of promotions and sweepstakes online, compliance with FTC advertising regulations regarding online practices and required disclosures, and managing digital assets.

Our attorneys also have expertise relating to due-diligence reviews of labeling and other advertising materials, including social media accounts, in connection with mergers, acquisitions, or joint venture transactions. We advise companies on representations and warranties relating to advertising and social media, and on indemnification provisions regarding liability for actions based upon advertising and social media. We also draft and review advertising agreements and IOs. Our advertising and social media attorneys regularly write and speak on cutting-edge digital-marketing issues.

Named to BTI’s 2016 Honor Roll of Recommended Firms in Consumer Goods, placing the firm in the top 10% of law firms nationwide in the Consumer Goods industry

Ranked among the top firms in Texas by World Trademark Review 1000 2019, which recognized the Firm's “top-drawer cross-office social media and advertising practice”

Experience

  • Counseled clients on product label, packaging, and advertising materials spanning a wide range of products, including food, beverage, electronics, plumbing, flooring, recreation, hair care products, and others
  • Counseled an international manufacturer of interactive hardware and software on its advertising materials, including materials provided to independent distributors
  • Represented a digital publisher in the acquisition of social media pages
  • Represented a start-up social application developer in connection with its formation, intellectual property due diligence, and software development agreements
  • Counseled a social media advertising platform regarding its formation, terms of use, subscription agreements, and FTC compliance
  • Advised a large national retailer with respect to protection and enforcement of hashtag marks
  • Assisted an international manufacturer and retailer with drafting terms of use regarding provision of free products to social media influencers
  • Advised an oil and gas company regarding defamatory blog posts and subsequently won Rule 202 hearings to force the website hosting the defamatory blog to disclose identifying information of the anonymous blogger and the internet service provider to disclose the subscriber information of the anonymous blogger
  • Assisted clients with various social media IP infringement takedown requests
  • Advised a major retailer regarding the unauthorized use of its mark in a competitor’s website ad and succeeded in having the client’s mark removed
  • Represented an electronics product manufacturer in a National Advertising Division (NAD) proceeding regarding comparative product advertising materials
  • Represent pet food manufacturers in responding to consumer threats of putative nationwide class actions challenging advertising materials
  • Drafted the official rules for a sports team’s Facebook game
  • Represented numerous trademark owners in domain name disputes under the Uniform Dispute Resolution Policy (UDRP)
  • Helped a videogame client shut down a Facebook page that was linking to illegal download websites
  • Assisted clients with social media policies and terms, including official rules for an Instagram contest
  • Defended major food manufacturers in putative nationwide consumer class actions challenging various representations regarding food product labels and advertising under California and Florida state false advertising and unfair competition laws
  • Represent a food manufacturer in putative nationwide and statewide consumer class actions challenging food product labels
  • Represented an airline in putative nationwide consumer class actions in California and Texas challenging representations on the airline’s website; a motion to dismiss was granted in both actions
  • Represented an airline in a putative nationwide consumer class action challenging the airline’s practices as not in conformance with its representations; the suit was voluntarily dismissed after a motion to dismiss was filed