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

NEWS ALERT! FTC Reverses Position On “No Purchase Necessary”

In an astonishing reversal (of fortune), the FTC today (April 1) announced that “No Purchase Necessary” is no longer necessary for games of chance, abolishing 168 years of legal precedent. With the inflation rate...

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...

Blog

What Comes Around Goes Around (Odds Facts In The History of Promotions)

When defending Helen Keller from a charge of plagiarism, Mark Twain famously wrote, “substantially all ideas are second-hand.” While it’s possible to come up with a totally new promotion idea, many of our well-known...

Blog

We Donate $1MM To Charity. Do You Really? The NAD is Watching.

Two recent “routine monitoring” determinations of the National Advertising Division of BBB National Programs may indicate a trend toward the NAD’s investigation into cause-related marketing initiatives. On March 1, 2022, the NAD reported that...

Blog

U.S.A.! U.S.A.! My Product Is Made in the USA

The Winter Olympics are here. I just watched the women’s U.S. hockey team take on Team Canada and it got me wonderin’: are those sweaters “Made in the USA”? To my knowledge, Nike does...

Blog

Is it Ruff To Run an Internet Currency Sweepstakes?

Last month, a class action lawsuit was dismissed, in part, against plaintiffs who opted into Coinbase Global’s $1.2 Dogecoin sweepstakes. Dogecoin is an open source peer-to-peer digital currency (say that twice), with a cute...

Blog

Second Circuit Tells DraftKings Participants Cheating is Part of Sports – Get Over it

You read that right. The exact quote from the Second Circuit’s March 21, 2022 decision in Olsen v. Major League Baseball, Docket No. 20-1831, reads as follows: " [A]ny reasonable spectator or consumer of...

Blog

Win a Train Wreck- Lessons From the Downfall of Artesian Builds

A custom PC company, Artesian Builds, who hyped its image by offering frequent giveaways ranging from $100 gift cards to t-shirts to custom built pcs, announced today (March 10) that it was suspending its...

Blog

No Oscar for You! A Look at the Morality Clause

The 94 th Academy Awards might have had dramas you never heard of (subtext COVID), but it wasn’t lacking in drama. When Will smacked Chris, a collective “whoa” rocked the Dolby Theater. The drama...

Blog

Gambling 101: The Vice That's Getting More Nice

Gambling and more particularly the regulation of gambling has been part of the United States before we were even the United States. Societal standards and the need for revenue have largely shaped the history...

Contact Verrill at (855) 307 0700