With a national, full-service team, Venable’s advertising and marketing attorneys provide pragmatic advice and strategies for establishing, protecting, and growing your unique brand.
As avenues of marketing and communication continue to emerge and evolve, Venable attorneys have the experience and connections needed to keep you fully informed in virtually every area—from social media, sweepstakes, green marketing, and gift cards, to product placement, traditional television advertising, and more. Whether you’re defending your brand-leader status or just entering the market, our attorneys can help identify and avoid the legal pitfalls between you and consumer engagement.
We know how to keep campaigns out of the regulatory eye, mend a broken compliance program, or navigate the difficult choices that come with balancing risk and reward. If you find yourself in the regulatory or class action bullseye, Venable has broad, deep, and successful experience resolving these problems.
While we are zealous advocates for our clients, we also believe that open lines of communication are essential to resolving differences. We frequently collaborate with our regulatory and self-regulatory counterparts to provide insightful commentary on industry issues. These close working relationships help us build connections that can be critical in resolving enforcement actions amicably.
We believe a few hours of prevention are worth countless hours of cure. This is why we put such emphasis on providing proactive counseling to our clients. When needed, however, Venable has the bench strength to represent clients in any type of contentious setting, in an efficient and coordinated manner. As one of the leading law firms handling government enforcement actions and private litigation matters, we’ve won precedent-setting decisions in Federal Lanham Act and state advertising cases, and secured wins and favorable settlements in regulatory matters where new statutes are first enforced.
Venable’s team of trial lawyers has litigated advertising matters and achieved favorable results in state and federal courts against private companies. We also have significant experience representing clients before regulators like the Federal Trade Commission (FTC), Federal Food and Drug Administration (FDA), Consumer Financial Protection Bureau (CFPB), Federal Communications Commission (FCC), and other regulatory agencies, such as state attorneys general and state district attorneys. Further, our team represent numerous clients in disputes with competitors before the National Advertising Division (NAD) of the National Council of Better Business Bureaus and the Electronic Retailing Self-Regulation Program (ERSP).
With partners in Los Angeles, New York, San Francisco, and Washington DC, as well as throughout the mid-Atlantic, Venable represents clients in all areas of advertising and marketing law, including:
- Claim substantiation
- Content marketing
- Sweepstakes, promotions, loyalty programs, and gift cards
- Native, influencer, and social media-based advertising
- Marketing contracts, including agency, talent, co-promotion, endorsement, and sponsorship contracts
- Distribution counseling, including minimum advertised price (MAP) and other price advertising, Robinson-Patman compliance, warranties and guarantees, and labeling
- Advertising and intellectual property litigation, including brand protection; International Trade Commission; class action; defense against regulatory action by the FTC, other federal regulatory agencies, state attorneys general, and California district attorneys; as well as emergency preliminary injunction motions and requests for temporary restraining orders, which are important remedies in competitive advertising
- Bringing and defending challenges before the Council of Better Business Bureaus’ industry self-regulation programs, including the NAD and ERSP