Kelley Drye has nationally-recognized expertise in the new and emerging media marketplace. As our clients seek to leverage new media, messaging, and social networking technologies to understand and engage with their target audiences, the attorneys in Kelley Drye's Advertising Law Practice Group have developed comprehensive strategies to integrate traditional and new media platforms.
Our team of expert practitioners provide clients with in-depth analysis of the legal requirements related to consumer protection, advertising, promotions, intellectual property, privacy, and data security in today's increasingly interactive business environment.
Consumer-Generated Content
Our team regularly counsels clients on how to responsibly and successfully promote their brands using promotions and campaigns that feature consumer-generated content. Our attorneys have structured promotions in ways that maximize the benefits of interactivity, while addressing the significant risks that these types of promotions can pose to businesses.
Our team has structured contests where consumers have been invited to create commercials, design sneakers, and even develop software. We have drafted rules for the promotions, helped protect our clients from problematic content, and worked with our clients to secure rights to the winning submissions.
Mobile Marketing
The onset of mobile technology has created yet another outlet through which companies can reach consumers. However, as mobile marketing has increased, so have the number of consumer complaints and lawsuits. As regulators and plaintiffs' attorneys have begun to focus heavily on these types of campaigns, members of our team continue to work closely with clients to help them mitigate risk and avoid such scrutiny.
We have helped clients, ranging from wireless carriers to advertisers, structure and execute various types of mobile marketing campaigns, including SMS campaigns, premium subscription services, and text-to-win sweepstakes.
Blogging
Whether they are created by consumers or employees, blogs presents risks for companies who open their websites to others. We have drafted terms of use, privacy policies, and best practice guidelines for blogs and other sites permitting message posting. We also have counseled clients on the obligations that apply when posting content that could be subject to advertising and other consumer protection laws,
whether posted by a company's employees, agents, or third parties.
Viral Marketing
Viral marketing allows companies to use consumers to market for them. Although this can be an effective strategy, it also creates various risks. Our team regularly counsels clients on how to comply with the legal requirements and industry best practices applicable to viral marketing, from reviewing and negotiating vendor agreements to providing counsel on e-mail refer-a-friend programs.
Privacy
Companies involved in advertising and marketing are increasingly using emerging media applications to introduce consumers to relevant products and information. However, this technology has also triggered new disclosure and security requirements for companies who collect personal data from consumers. We work with clients on a routine basis to help them craft the means to obtain consent from consumers and ensure that consumer information is stored securely.
As laws struggle to keep pace with new technology, we stay abreast of changes in the governing privacy and data security laws and helps clients adapt accordingly.
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