Mr. Loeffler regularly participates in the negotiation and drafting of marketing, sponsorship, endorsement and promotion agreements for advertisers and agencies. Specifically, he drafts and advises clients on campaign agreements between advertisers and agencies including service and agency agreements, advertising production and media placement. Helping mitigate the risk of challenge from regulators, competitors or consumers, Mr. Loeffler reviews advertisements and marketing materials for all media to determine compliance with relevant regulations and ensure claims are properly substantiated.
Mr. Loeffler advises clients on compliance with federal and state laws on privacy and data security, specifically focusing on privacy practices related to online behavioral targeting. He counsels clients on conducting practices in compliance with the Federal Trade Commission Act, the Gramm-Leach-Bliley Act, the GLB Safeguards Rule, Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA) and state privacy and information security laws, including the development of privacy and information security programs, oversight of vendors handling personal information, and responding to an information security breach.
In the growing area of new media marketing, Mr. Loeffler drafts privacy policies, social/new media policies and website terms of use. He also assists clients in structuring contractual relationships related to content licensing, website hosting, technology-based manufacturing and licensing, and compliance with e-commerce laws and regulations. He also advises clients on federal and state statutes and regulations governing price advertising.
Prior to joining Kelley Drye, Mr. Loeffler was a summer associate at the firm. He also worked as a legal intern for TBWA Worldwide, an international advertising agency in New York, NY, and as an intern at the Federal Trade Commission, Bureau of Consumer Protection’s International Division in Washington, D.C.
Representative Experience
Eric Haddad Koenig v. All.com, No. 1:08 cv 1169-GBL-TRJ (E.D. Va., July 31, 2009).Assisted lead counsel in in rem action under the Anticybersquatting Consumer Protection Act (ACPA) to obtain ownership of a domain name taken by surreptitious means.
Negotiate development and licensing agreement for a behavioral advertising and analytical insight application for a Fortune 100 company.
Lead associate in non-public Federal Trade Commission and state Attorneys General investigations related to consumer privacy and marketing issues.
Lead associate in preparing online behavioral advertiser for testimony before the Senate Committee on Commerce, Science, & Transportation and the House Energy Subcommittee on Communications, Technology, and the Internet.
Lead associate in drafting public comments filed with the Federal Trade Commission and other agencies regarding proposed rulemakings.
Memberships & Associations
International Association of Privacy ProfessionalsPromotion Marketing Association
Word of Mouth Marketing Association
District of Columbia Bar
American Bar Association
