Kelley Drye

Attorneys & Professionals 

Gonzalo E. Mon

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8576
Fax: (202) 342-8451

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.

Mr. Mon works closely with his clients to ensure their advertisements and promotions comply with laws and can withstand scrutiny from competitors and regulators. He helps clients determine what they can say about their products or services in ads, and what type of evidence they need to say it.

Because Mr. Mon works with clients who are creative, he understands they often need creative solutions to their problems. Rather than say “no,” when faced with those problems, Mr. Mon takes the time to understand his clients’ goals and finds strategies to achieve those goals in ways that offer less risk.

Mr. Mon has successfully defended clients when their ads have been challenged by regulators, competitors, or consumers, both in court, before the NAD, and in other forums. He has also helped clients challenge their competitors when the competitors make claims they can’t support.

As companies start to use new technologies to promote their brands, Mr. Mon helps clients create campaigns that leverage social media and mobile technologies and also counsels them on issues raised by these technologies. Recommended by US Legal 500, clients report that Mr. Mon does “an excellent job of balancing the legal risk and the business exigencies” concerning these campaigns.

Mr. Mon has extensive experience in a variety of promotions including sweepstakes, contests, text-to-win promotions, and promotions 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 agreements including creative services agreements, mobile application and website development agreements, affiliate marketing agreements, and agency agreements. Mr. Mon has also assisted clients with sponsorship agreements and endorsement agreements with celebrities and athletes.

Mr. Mon writes extensively on advertising and promotion law issues. In addition to his many posts on Advertising Law Access, his articles have appeared in national publications, such as Practical Law Journal, Mashable, E-Commerce Law & Policy, Mobile Marketer, Sports Litigation Alert, Law360, Bloomberg BNA’s Social Media Law & Policy Report, and PROMO. Mr. Mon is also frequently invited to speak at events hosted by groups such as the Brand Activation Association, the American Conference Institute, Practical Law Company, Sales & Marketing Executives International, and various bar associations.

Representative Experience

Assisted a global appliance manufacturer clear a high-profile advertising campaign involving claims against its major competitor. As part of the campaign, Mr. Mon helped the client select the test protocols, evaluate test results, craft the claims, and respond to network clearance requests.

Assisted a financial services company with a comprehensive review of all of its marketing practices. As part of the review, Mr. Mon reviewed ads in various media, the company’s websites, various social media campaigns, and telemarketing scripts.

Defended a major consumer products company in a false advertising lawsuit filed by one of its competitors. Throughout the process, Mr. Mon advised the client on strategy and helped negotiate a favorable settlement that didn’t involve the payment of any money.

Helped an international restaurant chain challenge various comparative claims made by one of its major competitors. The challenge resulted in a favorable decision at the NAD, and the decision was later upheld by the NARB.  

Defended a food company against a class action lawsuit alleging that one of its promotions violated lottery and gambling laws. After winning the case, Mr. Mon successfully defended the company on appeal.

Helped numerous companies structure major social media initiatives. As part of these projects, Mr. Mon has negotiated agreements with the clients’ social media agencies and advised the clients on how to comply with relevant FTC regulations.

Negotiated an application development agreement on behalf of a major international retailer. As part of the negotiation, Mr. Mon helped the client secure the necessary rights to the mobile app and ensure the agreement provided adequate protections for consumer data.

Negotiated a sponsorship agreement with a sports team on behalf of a global company. The agreement provided for naming rights to a venue in the stadium, category exclusivity, and various other benefits.

Helped a large marketing company review its privacy practices in light of the launch of a new technology. Mr. Mon advised the client of its obligations and helped draft a policy that reflected the company’s practices.

Helped a major international retailer structure a text message campaign. As part of the campaign, Mr. Mon helped the company comply with new federal regulations, assisted in negotiating an agreement with a service provider, and reviewed the campaign messages.

Assisted an international restaurant chain in structuring and advertising a sweepstakes offered in conjunction with the release of a major motion picture. As part of the project, Mr. Mon helped draft the rules, reviewed all ads, and negotiated agreements with third parties involved in the sweepstakes.

Helped a global technology company run a contest in which participants were asked to film a commercial for the chance to win a prize. Mr. Mon drafted rules for the promotion, helped protect the company from problematic user-generated content, and ensured the company had rights to the winning submissions.

Spent more than three years working on-site in a technology client’s legal department. During that time, Mr. Mon reviewed the majority of the company’s advertisements, drafted various agreements, advised on product launches, and assisted with various sweepstakes and contests.

Memberships & Associations

Brand Activation 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, 2012-2015.

Recommended in US Legal 500 for his work in the Marketing & Advertising area, 2010-2012 and in the Data Protection & Privacy area, 2011-2012.

Named 2013 Privacy and Information Security “Lawyer of the Year” by Lawyer Monthly.

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Publications
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October 2014

Extortion

E-Commerce Law Reports

Events
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January 22, 2015

In Fashion

Kelley Drye Fashion & Retail Law Summit