Gonzalo Mon is a partner in the firm's Washington, D.C. office. Named 2012 D.C. Advertising "Lawyer of the Year" by Best Lawyers, his practice focuses on advertising and promotions law.
As an advertising attorney, Mr. Mon works closely with clients who are creative, and he understands that these clients need creative solutions to their problems. As such, he assists clients in designing advertising campaigns, promotions and offers that advance his clients' business goals in a manner that complies with laws and provides as much protection as possible.
Mr. Mon reviews advertisements in television, print, Internet and other media to determine compliance with relevant regulations as well as risk of challenge from competitors and regulators. He has both challenged advertisements on behalf of his clients as well as represented his clients when their own advertisements have been challenged by competitors and regulators.
As companies have begun to use new technologies to promote their brands, Mr. Mon has helped his clients identify and deal with issues raised by these technologies. For example, Mr. Mon regularly helps clients create social media strategies and execute promotions on social media platforms. He also helps clients design and implement various types of mobile promotions. Recommended by US Legal 500, clients report that Mr. Mon does “an excellent job of balancing the legal risk and the business exigencies” concerning new media campaigns.
Mr. Mon has extensive experience in a variety of promotions including sweepstakes, contests, gift cards and loyalty programs. For example, he has worked on instant-win games, text-to-win promotions and contests with user-generated content. In addition to domestic promotions, he has assisted clients with clearing promotions in more than 25 countries worldwide.
Mr. Mon regularly drafts and negotiates various types of promotional agreements. For example, Mr. Mon recently assisted the sponsor of high-profile sweepstakes negotiate agreements with a promotions agency and various prize providers. He has also assisted clients in drafting sponsorship agreements for various sports teams and leagues, including baseball, football, hockey, soccer and even professional bull riding.
Mr. Mon writes extensively on advertising and promotion law issues. His articles have appeared in national publications, such as PROMO, Entertainment Law & Finance, Internet Law & Strategy, Mobile Marketer, Direct Marketing News, Journal of Payment Systems Law, Internet Retailer, ABA Consumer Protection Update, and Intellectual Property Today. Mr. Mon is also frequently invited to speak at events hosted by groups such as the Promotion Marketing Association, the Sales & Marketing Executives International, and various bar associations.
Representative Experience
Assisted a leading travel company in running the largest Facebook promotion in history, including 13 trips and over $1 million in prizes. Drafted rules for the promotion, coordinated with counsel in the UK and Canada, and drafted agreements with prize providers.
Assisted a quick-service restaurant in structuring and advertising an instant win game offered in conjunction with the release of a major motion picture. Assisted in drafting the official rules, reviewed all advertisements, and negotiated agreements with various prize providers.
Successfully defended a leading company against a lawsuit in which a plaintiff had alleged that one of the company's promotions violated lottery and gambling laws.
Assisted a technology company in developing a contest in which participants were invited to film a commercial for the chance to win a prize. Drafted rules for the promotion, helped protect the company from problematic user-generated content and secured rights to the winning submissions.
Assisted a wireless provider in the design of a sweepstakes in which consumers could enter by sending text messages via their mobile phones. Helped structure the promotions in such a way as to avoid the lawsuits that have recently plagued other companies that have offered text-to-win sweepstakes.
Counseled a retailer regarding the structure of a gift card program, including what terms and conditions could be imposed on card holders. Advised the retailer about its obligations under escheat laws.
Spent more than three years working on-site in a leading Internet company's legal department. Reviewed the majority of the company's advertisements, drafted various agreements, advised on product launches, and assisted with various sweepstakes and contests.
Memberships & Associations
Promotion Marketing Association
American Bar Association Consumer Protection Law Developments – Update, Editorial Board Member
Professional Activities
Judge, Promotion Marketing Association REGGIE Awards, 2012-2013
Honors & Awards
Named 2012 D.C. Advertising "Lawyer of the Year" by The Best Lawyers in America.
Selected as one of The Best Lawyers in America in the Advertising Law area, 2012-2013.
Recommended in US Legal 500 for his work in the Marketing & Advertising area, 2010-2012 and in the Data Protection & Privacy area, 2011-2012.
