Digital Advertising and Marketing Agreements: Tackling Key Issues, Mitigating Legal Risks

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.

Ms. Thompson counsels creative agencies and production companies in advertising, IP, and branded content-related matters. She plays a key role in the development, production and distribution of original content and the use of third-party IP. While working with agencies that represent major consumer retail brands across various industries, including food, furniture, automotive, financial services and consumer electronics, Ms. Thompson aligns herself with each client’s business goals. In addition to drafting and reviewing campaign-related documents and creative concepts, she assists clients in ensuring their product claims comply with truth-in-advertising laws. Ms. Thompson supports creative promotional strategies, including the use of contests and sweepstakes in accordance with state regulations. She also helps negotiate licenses for music and other third-party IP use in commercials.

Mr. Vittone is counsel to the firm’s Advertising, Marketing & Public Relations Group representing agencies, brands and media companies in connection with advertising, branded entertainment, intellectual property, and digital media matters. He is experienced in structuring and negotiating the full spectrum of advertising industry transactions. Mr. Vittone works with clients on creative services and media agreements, agency-client agreements, talent, endorsement and influencer agreements, sponsorship agreements, branded entertainment agreements, production agreements, and music and other content licenses and releases. His practice also includes counseling clients on a variety of advertising, marketing and intellectual property law matters, including copy and content review, advertising claims and substantiation, social media guidelines, copyright, trademark and right of publicity issues, data protection and privacy, and regulatory compliance. Mr. Vittone is a frequent speaker at major legal and industry conferences. Recent speaking engagements include presentations for the Brand Activation Association, the Society of Digital Agencies, the Association of National Advertisers, Creative Operations Exchange, the Federal Bar Association, and the New York City Bar Association.