Kelley Drye

Practices 

Contact Information

David J. Ervin
Partner

Email
Washington, D.C.
Phone: (202) 342-8436
Fax: (202) 342-8451

Gonzalo E. Mon
Partner

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

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New Media Marketing

Trending Topics: Social Media and the Law

You've seen and heard the benefits of social media marketing campaigns. But are you adequately managing the legal risk? Click here to view/listen to a webinar exploring the important legal issues and best practices for leveraging social media.

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Kelley Drye’s Advertising and Marketing practice is nationally recognized for its work in the new and emerging media marketplace. As clients leverage new media, messaging and social networking technologies to understand and engage their target audiences, our attorneys provide the legal framework within which to develop strategies integrating traditional and new media platforms.We help clients keep pace with an increasingly interactive business environment by delivering keen analysis of the legal dimensions of consumer protection, advertising, promotions, intellectual property, privacy and data security. Whether you’re creating campaigns that feature consumer-generated content, structured contests, or mobile marketing, Kelley Drye can guide you to success while helping you avoid potential legal pitfalls. The firm will assist you with virtually every dimension of your media marketing efforts: from creating terms of use and privacy policies, to developing guidelines for blogs, to dealing with legal requirements of viral marketing.

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Kelley Drye’s Advertising and Marketing Law practice has significant experience in the following aspects of new media marketing:
  • Consumer-Generated Content – We counsel clients on how to advance their brands with promotions and campaigns featuring consumer-generated content. The firm’s lawyers understand how to structure promotions in ways that maximize the benefits of interactivity while minimizing risks. For example, recent client promotions have invited consumers to create commercials, design sneakers, and even develop software. For these promotions, Kelley Drye has drafted rules, created shields against problematic content and helped to secure rights to winning submissions.

  • Mobile Marketing – Our group works with clients to execute various types of mobile marketing campaigns while mitigating risk and avoiding scrutiny from regulators or plaintiffs’ attorneys. Kelley Drye has helped clients develop such programs as SMS campaigns, premium subscription services and text-to-win sweepstakes.

  • Blogging – Kelley Drye attorneys draft terms of use, privacy policies and best practice guidelines for blogs and other sites that permit others to post messages. We also help clients understand the legal implications of content posts that may be subject to advertising and other consumer protection laws, whether this content is posted by the client’s employees, agents or third parties.

  • Viral Marketing – We counsel clients on how to harness the unique power of viral marketing while complying with the legal requirements and industry best practices when allowing consumers to market for a company. The firm handles every aspect of viral marketing, from reviewing and negotiating vendor agreements to providing counsel on e-mail refer-a-friend programs.

  • Privacy – Our group routinely counsels clients regarding new disclosure and security requirements for companies who collect personal data from clients. We help them craft procedures for obtaining consent from consumers while insuring that personal information is stored securely. Kelley Drye stays abreast of changes in the laws that govern privacy and data security to help clients adapt to evolving regulations while continuing to aggressively pursue marketplace innovation and relevance.

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 various clients with contests involving consumer-generated content, including contests where consumers were invited to create commercials, develop software, and even design sneakers. We drafted rules for the promotions, helped protect our clients from problematic content and secured rights to the winning submissions.

  • Assisted various clients in designing sweepstakes that allow consumers to enter by sending text messages via their mobile phones. We helped these clients 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.

  • Advised clients on the risks associated with allowing consumers to post content on the clients’ sites and drafted terms of service designed to protect the clients from the potential liability associated with content posted by consumers.

  • Advised clients on the risks associated with employee blogs and helped clients develop internal policies addressing blogging by employees in order to minimize legal exposure to the company.

  • Counseled several clients, including a Fortune 500 athletic apparel company, a national wireless telecommunications carrier, and a children’s retailer on issues in product design and services that involve online/wireless gaming and social media components.

  • Provide consumer protection counseling to several major mobile application developers and marketers, including privacy-related counseling.

  • Helped clients identify the privacy implications associated with collecting information through new media and have assisted clients to ensure that their privacy policies and practices comply with applicable laws.
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Publications
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October 2013

Blurred lines: The Legal Risks Surrounding Native Advertising

E-Commerce and Law Policy

Events
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January 15, 2014

Legal/Privacy: Big Data, Big Brother, Big Issues

Mobile FirstLook 2014

Additional Resources