R | McHale Law offers a wide-range of innovative legal services to help clients successfully structure and implement their promotion, marketing and advertising initiatives. Whether our clients are adopting the latest in new digital technology to conduct a sweepstakes, managing complex social media marketing campaigns, or promoting their message through traditional media channels, our attorneys are committed to helping clients achieve their business objectives, while minimizing their exposure to regulatory investigations and costly litigation.
We provide expert guidance to our clients across a broad range of areas, including: advertising, brand management, charitable and cause marketing, consumer-generated media, contests, direct marketing, frequent shopper and loyalty programs, gamification strategies, gift cards, online and mobile promotions and marketing, social media campaigns, and sweepstakes.
Working in close collaboration with our clients, we offer the following services:
- Structuring secure campaigns and promotions using social media, mobile devices and other new media
and technologies, and ensuring compliance will applicable federal and state laws and regulations
- Developing legally-compliant sweepstakes, contests, and other promotions
- Drafting and negotiating agency-client agreements, broker and distribution agreements, joint promotion,
co-marketing and strategic alliance agreements, creative services, spokesperson and talent agreements, software license agreements, online ad network agreements, website and app development agreements, and other agreements with various technology suppliers
- Drafting official contest rules and winner’s release
- Obtaining licenses to use third-party content such as music, photographs and other copyrighted materials
- Providing regulatory advice relating to the FTC, FCC, USPS, and DOJ
- Copyright registration, protection, and licensing
- Trademark clearance, selection, registration, and licensing
Litigation & Dispute Resolution
Our Promotion, Marketing & Advertising practice is designed to help clients avoid disputes and regulatory scrutiny. However, when necessary, we are ready to help you defend claims brought against you, or pursue claims on your behalf against others who engage in improper promotions, marketing, or advertising practices, including claims for:
- Copyright and trademark infringement, trademark dilution, false advertisement, and cybersquatting
- Unfair competition and deceptive trade practices
- Abusive telemarketing and email practices
- Privacy breach