Advertising, Marketing & Promotions

Related Professionals

Overview

'I use the firm for proactive, practical advice on advertising law, substantive knowledge in the field and its deep bench of talent in this space.'” - Chambers USA, 2022

Our Advertising, Marketing & Promotions Practice Group assists clients in investigating, prosecuting and defending against advertising, marketing and unfair competition claims that often go to the core of their business strategies. We are skilled and effective courtroom advocates who protect our clients' advertisements and brands. Whether it is stopping a competitor from making false and misleading advertising claims, fending off a challenge to our client's advertising campaign during a critical business season, or defending against agency actions, we have an impressive track record of courtroom victories in important advertising cases across the country — at the preliminary stage, at trial and on appeal. Advertising issues often require expedited action at crucial times, such as right before the launch of a major advertising campaign. Our attorneys have significant experience and success in seeking and defending against preliminary injunctions and temporary restraining orders to meet our clients' business needs at critical times. In addition, we have extensive experience in both bringing and defending challenges before the National Advertising Division of the Council of Better Business Bureaus (NAD).

Complementing our litigation experience, we counsel clients in connection with their advertising, marketing, data and privacy programs to ensure such programs comply with the relevant laws, rules and regulations and avoid competitive challenges. Our attorneys also review all types of advertising copy and promotions and counsel clients on all types of agreements with vendors of advertising-related products and services.

Kirkland provides a one-stop shop for all copyright, trademark, internet and social media, and false advertising needs and we manage these practices as an integrated whole. For more information, please see our Copyright, Trademark, Internet & Advertising (CTIA) brochure.

Kirkland Obtains Jury Trial Victory and $16 Million in Damages for Client Dyson, Inc.
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Experience

We have one of the nation’s most significant and successful practices both defending and challenging advertising and marketing claims at the National Advertising Division of the Council of Better Business Bureaus (NAD). Our lawyers also regularly represent clients before the Federal Trade Commission (FTC), state attorneys general, and television networks both challenging and defending their advertising, marketing, and other alleged unfair trade practices in both litigation and government investigations.

We also counsel clients concerning compliance with the FTC Act and the various state deceptive trade practices acts, including, for example, the proper use of sales offers, testimonials and endorsements, and product demonstrations. We have extensive experience with claim substantiation, including analyzing such substantiation to support or challenge advertising claims.
Our best-in-class trial lawyers have played an important role in shaping the handling and outcome of class action, mass tort, and toxic tort litigation and settlement. Included in this is decades of experience defending all manner of consumer class actions alleging unfair advertising, marketing, and business practices across a broad range of subject matter areas and industries, including consumer products, food and beverages, television and Internet services, consumer electronics, consumer privacy, debt collection, and telephone and text messaging issues. We have defeated such cases on motions to dismiss, at class certification, at trials and on appeal. Even when a fully litigated outcome may not be the desired business outcome, our experience, reputation, and ability to win such cases at trial frequently result in advantageous settlements for our clients.
Our attorneys draft all types of agreements between our clients and the vendors of advertising-related products and services, and we understand the critical issues to include in such agreements at the front-end of the advertiser-vendor relationship. In addition, we draft the releases, licenses and related agreements required for our clients to use third-party names, voices, likenesses and biographical data in their advertisements. We also draft and review a full range of Internet-related contracts, including website development, Internet advertising, co-branding and banner ad, co-sponsorship, and hyperlinking agreements, as well as all types of agreements relating to e-commerce.
We are familiar with the federal and state laws, regulations and guidelines that apply to the marketing and advertising of most consumer products and services, allowing us to provide the full range of counseling and compliance advice related to advertising and marketing. We review all types of advertising copy created by national advertisers for all media to identify potential issues and offer clients creative suggestions on how to avoid them.

Practices