Advertising, Promotions & Privacy

Advertising, Promotions & Privacy

Dow Lohnes has developed an innovative marketing law practice focusing on advertising law counseling and litigation, promotional contests and sweepstakes, telemarketing, e-marketing and federal and state privacy laws. The lawyers in the firm's Media and Information Technologies (MIT) practice group regularly assist Fortune 500 companies with the development of national advertising strategies, comparative advertising campaigns, complex sweepstakes and promotional contests, customer loyalty and rewards programs, telemarketing, direct mail and online marketing programs.

During the course of a typical year, the Firm advises clients on several hundred promotional sweepstakes matters. Our clients include the nation's largest direct mail and cable advertising services, major telecommunications and online service providers, broadcasters, newspaper and magazine publishers, cable networks, consumer software publishers, auction companies, outdoor advertisers and catalog retailers. We also counsel clients on the intellectual property implications of their advertising activities, including copyright and trademark issues, music licensing and rights of publicity.

The firm's MIT lawyers have extensive experience representing clients in false advertising disputes with competitors, consumer class actions, and investigations by the FTC, FCC, state attorneys general and consumer protection agencies. Dow Lohnes attorneys also routinely advise clients on the antitrust implications of product distribution, including issues involving price fixing and price discrimination, market allocation, and the formation of distributorships, sales agencies, franchises, joint selling arrangements and other marketing-related joint ventures.

Our MIT attorneys also have developed significant expertise in the rapidly expanding area of privacy law. We frequently assist clients in drafting policies regarding online privacy and data collection practices, telemarketing and call center operations and e-mail marketing.

In addition to counseling and advocacy, our attorneys also are experienced in the negotiation and drafting of agreements integral to our client's marketing, advertising and sales operations. MIT group lawyers regularly draft agreements regarding the employment of on-air talent, database marketing, co-branding and content sharing, advertising sales and the outsourcing of call center, telemarketing, direct mail distribution, permission-based electronic mail marketing, and promotional marketing services.