- 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.
- 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.
- 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.