Advertising, Marketing, and Promotions

Advertising and Marketing Law refers to the body of laws related to the means and methods of communicating information about a product or service to the public. Schroder Brooks works closely with our clients to ensure that their advertising and marketing plans comply with the constantly changing regulations surrounding the industry today.  Whether we are negotiating client-agency contracts, crafting influencer agreements or counseling clients on industry specific advertising guidelines,  we understand that an effective marketing plan can be key to the success of any business. 

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Advertising is a discipline that often involves collaboration between the agency and the advertiser or client. One of the most important aspects of the agency-client relationship is the agency-client contract. No two deals are the same and there is no uniformity in the roles that each party plays. An agency’s responsibilities will differ depending on many factors so it’s imperative that each party’s expectations are in writing. Whether you are an agency or an advertiser, let us help you avoid costly misunderstandings such as assignment of intellectual property rights and usage, liability of the parties, and payment and compensation terms by drafting your agreements to protect your interests and maintain the unique collaboration between you and your client or advertising agency.

The Federal Trade Commission continually refines and updates their guidance regarding influencers and endorsements. In addition, to FTC compliance, marketers, advertisers, agencies and influencers should understand how the messaging and placement of disclosures changes depending on the platform being used.
Schroder Davis recognizes that influencers and endorsers are effective tools in many marketing and advertising programs but can expose each party in the transaction to legal risk. We draft contracts between agencies, advertisers and their influencers or endorsers to address the very specific legal issues that arise in that relationship such as duties and expectations, brand guidelines, ownership and usage of intellectual property rights, compensation, and schedules.

In a Sponsorship or advertising agreement, content is as important as delivery. Sponsorship and advertisement agreements should address ownership, placement of ads, securing rights such as rights of publicity, trademark or music, termination, exclusivity; agreements should define the products or services being sponsored, how an advertiser is portrayed, and the overall terms of the parties’ relationship.

Sweepstakes, contests, games of chance and other promotions are effective ways to gain visibility and attract customers. However, the checklist for running a legal promotion is long and can be complicated. State and federal laws apply as do the Terms of Service for any online platform on which the promotion will run. There are many other factors to consider such as drafting official rules, preparing filings, advertising your promotion, using user generated content, registration and bonding in appropriate jurisdictions, eligibility, liability and publicity releases, and prize fulfillment. Let us help you design and implement a legal promotion.

The backbone to any company, entertainment or other industry, is your people. Good handbooks, internal policies and employee agreements help create a strong work force and a stable work environment. We create confidentiality, non-compete or non-disclosure agreement tailored to your specific industry and business needs. We work with you to write handbooks that not only comply with state and federal law but also fit your company culture.

We work with clients in all stages of the business life cycle to set up a business structure that’s right for their needs. Whether you are an LLC or a sole proprietor, an emerging start up or a well-established entity, your choice of business entity affects your tax structure, liability and other issues. Often our clients need a little bit of everything and we act as an outside general counsel. We draft and negotiate a wide range of agreements and contracts, including but not limited to employment and intellectual property agreements, equipment and property leases, technology agreements, licensing agreements, and asset purchase and sale agreements. We will also work with our clients to draft terms of use and privacy policies, e-commerce policies and all surrounding business matters.