Advertising, Promotions, and Marketing Law

Rob represents promotional marketing agencies and major brands, including food and beverage, retail, entertainment, personal care, and professional and consumer products in a variety of nationwide marketing activities from traditional promotions and offers to social media, in-app and other online programs.

Rob also has unique experience representing companies engaged in cause-related marketing, including commercial co-ventures, on which he counsels clients from concept through implementation of programs in this highly-regulated area. For numerous household name brands he provides program concept counseling, contract drafting and review, advertising review and state registration. Some of his representative campaigns in this niche area include:

  • Starbucks Born This Way promotion
  • Disney Nature films: Born in China, Monkey Kingdom and Chimpanzee
  • Corona's Hoops for Hope
  • Huggies No Baby UnHugged

Generally, Rob's counsel in this area of law includes:

  • Advising from concept development through implementation in promotional activities like sweepstakes, contests, instant win games, mobile marketing, business-to-business, direct mail, sponsorships, user-generated content, endorsements, premiums, coupons, rebates and loyalty programs
  • Reviewing marketing programs for compliance with federal and state laws and industry best practices, including gambling and lottery laws, FTC guidelines, COPPA, CAN-SPAM, TCPA, CARU, MMA, and unfair trade practices and consumer protection statutes
  • Drafting agency contracts, publicity agreements, licensing agreements, validation documents, privacy policies, terms of use and other matters affecting intellectual property, marketing and promotions

Rob maintains an interesting and informative blog, You Might Be a Winner, covering newsworthy topics in advertising, promotions and marketing.

Firm Highlights

Blog

C’est le fun!

Hearing “O Canada” being proudly sung during the recent NHL playoffs reminded me to remind you that in June 2021, la province de québec somewhat quietly amended its publicity contest law in order to...

Blog

“Many Will Enter, No One Will Win” The MyPillow® Guy’s Contest

The phrase “Many Will Enter, Few Will Win” is often used to comply with CARU’s guidelines for contests directed to children. It’s meant to make it easier for kids to understand that they really...

Blog

Charitable Promotions, Commercial Co-Ventures, Donors Choose, Round-Up, and Peer-To-Peer Solicitations

It’s not often that you get BIG news in Charitable Promotions Law. But last year, California passed a comprehensive law that goes into effect on January 1, 2023. So, for all of you brands...

Publication/Podcast

Litigation Update: Jack Daniels V. Bad Spaniels. Is It Parody or Is It Trademark Infringement?

This week the U.S. Supreme Court will hear argument in the case, Jack Daniel’s Properties Inc. v. VIP Products LLC, U.S. Doc. No. 22-148, to decide the question: Can we do that? It’s been...

Blog

Tesla’s Cybertruck Raffle

On May 11, 2023, @BabyTesla3 sent out a Tweet: NEW: Tesla has revamped the Referral program and introduced a new loyalty program! Here’s what you need to know • S/X: 3,500 credits (referrer) &bull...

Blog

GLORY, GLORY, HALLELUJAH!

Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types...

Contact Verrill at (855) 307 0700