Fortified with a deep understanding of intellectual property and technology transactions, we work with brands at all stages of the advertising lifecycle.
Through our global platform, we help clients substantiate and clear global advertising, marketing, and promotional campaigns— whether traditional print or television, digital content on websites, or social media. Our advertising practice further supports media agencies and media technology providers in crafting and negotiating complex engagements and creating compliance protocols.
We provide our clients with goal-focused counseling. This includes counsel regarding brand selection and protection, brand use guidelines, advertising policies, compliance programs, and advertising campaign strategies. Our experienced advertising and marketing lawyers also provide guidance regarding ad claim review, guiding clients on matters such as product labelling and claim substantiation issues. We help our clients with advertising disputes and challenges, including government enforcement actions, federal and state law claims, and self-regulatory matters. Our lawyers can also handle a broad spectrum of sponsorship, endorsement, and sweepstakes-related legal matters.
We can help clients with a wide variety of advertising and marketing issues, including:
Competitor false and misleading advertising, including Lanham Act cases, National Advertising Division (NAD) Proceedings, and state unfair competition and deceptive trade practices
Consumer false advertising and deceptive trade practices
Food, drug, device, and cosmetic regulation and compliance
Federal Trade Commission (FTC) advertising regulations and investigations
Consumer Finance Protection Bureau
Data usage, privacy, and security
Advertising agencies
Telemarketing and Telephone Consumer Protection Act (TCPA)
The Victorian Government's proposed Occupational Health and Safety Amendment (Psychological Health) Regulations (Vic) (the Proposed Regulations) are expected to commence on 1 July 2022.
The rise of cryptocurrencies and digital assets (together, crypto) in the financial markets, including the investment management industry, has given rise to a crucial question: which federal regulator - the Securities and Exchange Commission (SEC) or the Commodities and Futures Trading Commission (CFTC) will be primarily responsible to regulate the use of crypto and crypto-related activities?
On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines).
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.
