Gonzalo Mon’s practice is focused on advertising, transactional, and privacy issues.  He advises a wide range of companies in all aspects of promoting their brands, and works closely with them to find practical solutions to even the most complex legal problems.

Gonzalo helps his clients determine what they can say about their products and services in ads, as well as what type of evidence they need to support their claims.  He has successfully defended clients when their ads have been challenged by regulators and competitors, both in court and before the National Advertising Division (NAD).  He has also helped clients challenge their competitors when those competitors made claims they could not support.

As companies experiment with new strategies to promote their brands, Gonzalo helps them identify and address the issues raised by these strategies.  For example, he has advised clients on how to run various campaigns on social media, how to work with influencers, and how to comply with evolving privacy laws.  Recommended by The Legal 500 U.S., clients report that Gonzalo does “an excellent job of balancing the legal risk and the business exigencies” concerning these campaigns.

Gonzalo also drafts and negotiates many of the agreements that underlie his clients’ marketing campaigns. Among other things, he has worked on advertising agency agreements, promotion agreements, sponsorship agreements, and endorsement agreements with actors, athletes, musicians and other influencers.

Moreover, Gonzalo 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, Gonzalo has assisted clients with clearing promotions in more than 25 countries worldwide.

Rather than say “no” when his clients propose ideas that don’t fall squarely within the boundaries of the law, Gonzalo takes the time to understand his clients’ business operations and goals, and helps to design a strategy to achieve their objectives in ways that offer less risk.  Gonzalo is particularly effective in situations where the law is unclear, and tries to find a sensible way to fit cutting-edge ideas into the framework of regulations that have not kept pace with innovation.

Gonzalo is valued for maintaining a calm presence in even the most tense scenarios, adapting quickly to the situation and/or personalities involved while remaining approachable, reasonable and level-headed.  Because of his knowledge of the law and business, Gonzalo knows how to find and establish the middle ground.  As a result, he is able to support the resolution process without taking an extreme position or losing sight of his client’s original intentions.

Gonzalo knows firsthand what in-house counsel and business executives require to do their jobs effectively.  He spent more than three years working on-site in a technology client’s legal department, where he reviewed the majority of the company’s advertisements, drafted various agreements, advised on product launches, and assisted with various promotions.  This experience helped him better understand the needs of in-house counsel and business executives.

Of particular note, Gonzalo was named Washington, D.C. Advertising “Lawyer of the Year” by Best Lawyers^® in 2012, and has appeared on their list of top advertising lawyers every year since then.  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 the 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.  Gonzalo is also frequently invited to speak at events hosted by groups such as the Brand Activation Association, American Conference Institute, Practical Law Company, Sales & Marketing Executives International, and various bar associations.
 

Assisted clients in launching high-profile advertising campaigns. Among other things, Gonzalo has helped companies design test protocols, evaluate results, draft claims, and respond to network clearance requests.

Drafted and negotiated endorsement agreements with actors, athletes, musicians, and other influencers.  For example, Gonzalo recently negotiated agreements with three high-profile artists who appeared in an advertisement for a client.  Gonzalo later advised the client on how to navigate various issues when COVID-19 impacted the production schedule.

Advised clients on how to structure and conduct influencer campaigns. Gonzalo has drafted and negotiated many agreements with influencers and has advised clients on how to manage different types of campaigns.  Gonzalo has also represented individual influencers.

Drafted and negotiated sponsorship agreements for various sporting events, concerts, festivals, and other events.  For example, Gonzalo recently helped a company negotiate a multi-year deal for a high profile sponsorship at events across the U.S. and Canada.

Assisted a client in negotiating a seven-year deal with a television network granting the client exclusive rights to advertise during Olympic programming within a broad category. Gonzalo also helped negotiate a related advertising agency agreement and deals with talent that appeared in ads.

Assisted clients with their Environmental, Social, and Governance (“ESG”) campaigns. For example, Gonzalo has advised various companies on how to substantiate claims about their progress on environmental initiatives and how to structure charitable promotions.

Helped clients comply with evolving privacy laws.  For example, Gonzalo has recently advised various clients on strategies for preparing for the California Consumer Privacy Act and how to deal with the uncertainties surrounding that law.

 

Represented clients in federal and multi-state attorney general investigations.  For example, Gonzalo recently defended a company in an inquiry into various practices that were central the company’s business model, and convinced various states to drop the investigation.

Represented clients in various actions before the NAD. For example, Gonzalo recently led a challenge against a series of comparative ads about environmental benefits that were run by his client’s competitor, resulting in a victory on all major points.  And he has successfully defended clients, when they were challenged.

Helped companies diffuse litigation threats.  For example, when a competitor threatened to sue a client whose claims were no longer accurate, Gonzalo advised on a strategy for dealing with the competitor, and helped negotiate a mutually agreeable settlement.

Worked on hundreds of sweepstakes, contests, and other promotions.  Rather than use a “one-size-fits-all” approach that rarely fits well, Gonzalo helps clients tailor their approaches to level of risk involved.

Worked with the firm’s litigators to help defend clients in lawsuits.  For example, he successfully defended a company against a class action lawsuit in California in which the plaintiffs had alleged that a promotion violated lottery and gambling laws.

Assisted various companies in determining whether their websites are subject to the Americans with Disabilities Act.  Gonzalo has advised companies on how to reduce their exposure and worked closely with colleagues in the litigation group to help clients quickly settle suits.
 

Named 2012 D.C. Advertising “Lawyer of the Year” by Best Lawyers^®.

The Best Lawyers in America^© (Woodword/White, Inc.), Advertising Law, 2012-2022.

Named as a recognized practitioner by Chambers USA in the Advertising: Transitional and Regulatory area, 2015-2019 and ranked nationally in 2021.

Recommended in US Legal 500 for his work in the Marketing and Advertising – Transactional and Regulatory area, 2010-2012, 2017 and 2020-2021 and in the Data Protection and Privacy area, 2011-2012.

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

IAPP, Certified Information Privacy Professional–Europe

IAPP, Certified Information Privacy Professional–United States

E-Commerce Law & Policy, editorial board member

Brand Activation Association

American Bar Association Consumer Protection Law Developments – Update, editorial board member