ECJ’s Digital Advertising and Social Media practice advises clients on a wide variety of transactional, regulatory, and litigation matters. Our attorneys know how to help clients protect and grow their brands while navigating the complex and evolving body of rules, regulations and laws governing advertising, promotion, and marketing in the digital world.
Digital Advertising, Marketing and Social Media Services
We work closely with companies, interactive and digital agencies, creatives, designers, strategists, and marketing and branding experts to ensure that advertising campaigns for all kinds of products and services are carefully considered and implemented in compliance with the guidelines promulgated by the Federal Trade Commission (“FTC”) and other governmental agencies.
Our attorneys are capable of handling a wide variety of advertising matters including, but not limited to, issues related to cutting-edge Internet, mobile marketing; social media, viral, and influencer marketing; keyword and other search issues; television, radio and print media; and direct mail and telemarketing.
We assist clients in understanding false advertising claims, how to ensure use of truthful communications with consumers, and the importance of substantiating advertising claims. We provide guidance in connection with clients use of endorsements and testimonials in advertising, product promotion and placement, and disclosures of material connections with endorsers and influencers. Supplying free products to social media influencers, paying a social media influencer to write about products or talk about products on YouTube videos, and encouraging employees to talk about products on social media outlets like Facebook require compliance with FTC guidelines.
Affiliate marketing is becoming increasingly popular, but reduces the oversight and control that clients have over digital marketing campaigns. We structure, draft and negotiate relationships between clients and affiliate marketers in an effort to emphasize compliance with the CAN-SPAM Act and reduce the risks of affiliates making false claims about client products in blogs, advertorials, and product review sites.
Beyond the realm of expressly sponsored tweets, advertorials, and search ads lies native advertising and the subtle integration of brand and marketing messages into digital content. When clients engage in weaving brand messages into the editorial content of websites, we highlight the need for sponsorship disclosure.
Internet-based advertising, i.e., the tracking of consumers’ online and mobile activities in order to serve targeted ads based on consumers’ preferences, although becoming increasingly sophisticated also exposes clients to increased scrutiny over privacy and data security. We advise clients on the proper use and disclosure of “cookies” and the implementation of digital advertising strategies that avoid exposing clients to unacceptably intrusive information gathering practices or privacy law violations.
Representative Practice Areas
- Digital advertising, marketing and promotion
- Social media, influencer, and affiliate marketing
- Web-based, mobile, and traditional advertising campaigns
- Sweepstakes, games, and contests
- Advertising and marketing “best practices”
- Children’s Online Privacy and Protection Act (“COPPA”) compliance
- Native advertising
- E-mail marketing and promotion
- Integrated multi-platform branding, marketing, and advertising
Contact ECJ for Digital Advertising, Marketing and Social Media Issues
The goal of ECJ’s Digital Advertising, Marketing and Social Media Department is to provide highly responsive, yet cost-effective, legal services in order to add value to clients’ assets, businesses or claims. For more information regarding the services available from our Department, please contact Jeffrey Glassman at (310) 281-6302.
ECJ’s Digital Advertising, Marketing and Social Media attorneys serve clients throughout California and across the nation.