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. Mr. Mon helps clients with all aspects of advertising and promoting their brands. He 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, and consumers, both in court and before the National Advertising Division (“NAD”). He has also helped clients challenge their competitors when the competitors made claims they couldn’t support.

As companies start to use new strategies to promote their brands, Mr. Mon helps them identify and address the issues raised by these strategies, such as the threat of class action litigation. For example, he has advised clients on how to run campaigns on social media and has helped them deal with the privacy implications associated with new ways to collect information. 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 helps clients draft and negotiate the agreements that underlie many of their marketing campaigns. For example, he has worked on advertising agency agreements and mobile app development agreements. He has also helped clients with various sponsorship and endorsement agreements with celebrities, athletes, and musicians.

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 was named 2012 D.C. Advertising “Lawyer of the Year” by Best Lawyers®. He 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, Retailing Today, 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 consumer products manufacturer in launching a high-profile advertising campaign involving claims against a 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.

Helped an online travel agency launch a marketing campaign that involved re-branding, the launch of a new spokesperson, and various new claims.

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 company against a class action lawsuit in California in which plaintiffs had alleged that one of the company’s promotions violated lottery and gambling laws. After winning the case at trial, Mr. Mon successfully defended the company on appeal.

Helped numerous companies structure multi-platform social media campaigns to promote their products. As part of these projects, Mr. Mon has drafted social media policies, negotiated agreements with agencies, and advised the clients on how to comply with relevant FTC regulations.

Helped a client draft and negotiate an advertising agency agreement for a major campaign in various countries.

Negotiated a mobile 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 app, advised on privacy issues, and helped 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, broad category exclusivity, and various other benefits.

Negotiated endorsement agreements on behalf of various companies with celebrities, athletes, and musicians. As part of these negotiations, Mr. Mon helped clients address various issues, including compensation, control over content, and morals clauses.

Helped a large marketing company review its privacy practices in light of the launch of a new technology involving behavioral advertising. Mr. Mon advised the client of its obligations, drafted a privacy policy, and helped the company gain membership in the National Advertising Initiative (“NAI”).

Helped a major international retailer structure a text message campaign. As part of the campaign, Mr. Mon helped the company comply with the Telephone Consumer Protection Act (“TCPA”), assisted in negotiating an agreement with a service provider, and reviewed the campaign messages.

Represented a debt broker in an investigation brought by the FTC in which the agency alleged that the broker had exposed highly sensitive information about consumers online.

Assisted various fashion retailers in creating pricing policies and in responding to questions from regulators about those policies.

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. This experience has helped him better understand the needs of in-house counsel.

Memberships & Associations

E-Commerce Law & Policy, Editorial Board Member

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 Best Lawyers®.

Selected as one of The Best Lawyers in America© in the Advertising Law area, 2012-2017.

Named as a recognized practitioner by Chambers USA in the Advertising: Transitional and Regulatory area, 2015-2016.

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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