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Advertising and Marketing Law

Advertising campaigns are one of the most common areas in which businesses might run into legal trouble. There are rules governing the claims businesses can make about a product’s efficacy and how they must be able to prove those claims, nuances about what types of products can be advertised and in what way, and even guidelines on how to avoid certain stereotypes when depicting people in ads.

e.g. London
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How do these lawyers work?

These lawyers help to ensure advertising campaigns comply with the law, whether it is for print, broadcast, or the internet. They ensure that marketing and advertisements comply with guidance set by regulators such as the Advertising Standards Authority (ASA), Ofcom, and the Information Commissioner’s Office (ICO) so that businesses can run a campaign without worrying about fines or ads being taken down.

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Who are their clients?

Advertising agencies turn to specialist lawyers to provide copy-clearance advice and also seek advice in relation to contracts with their big-brand clients and celebrities who appear in their clients’ commercials.

What do these lawyers do exactly?

Regulatory Compliance

Adherence to Laws and Regulations: Ensuring that advertisements comply with local, national, and international laws. Advertising Standards Authority (ASA) Compliance: Assisting businesses in adhering to guidelines set by the ASA. Data Protection: Ensuring marketing activities comply with data protection laws, such as GDPR.

Intellectual Property

Trademark Protection: Advising on the use and registration of trademarks in advertising. Copyright Issues: Ensuring advertisements do not infringe on copyrighted material. Brand Management: Protecting and managing brand reputation and intellectual property rights in marketing campaigns.

Contractual Matters

Agency Agreements: Drafting and negotiating contracts between businesses and advertising agencies. Influencer and Endorsement Contracts: Creating agreements for partnerships with influencers and endorsers. Sponsorship Agreements: Negotiating terms for sponsorship deals.

Consumer Protection

Misleading Advertising: Advising on compliance to avoid misleading or false advertising claims. Promotional Compliance: Ensuring competitions, promotions, and special offers comply with legal standards. Unfair Trading Practices: Protecting consumers from unfair trading practices in advertising.

Dispute Resolution

Litigation: Representing clients in disputes related to advertising and marketing practices. Regulatory Investigations: Defending businesses in investigations by regulatory bodies like the ASA or Trading Standards. Mediation and Arbitration: Resolving disputes through alternative dispute resolution methods.

Digital and Online Advertising

Online Advertising Regulations: Ensuring compliance with laws specific to online and social media advertising. Privacy and Cookies: Advising on compliance with laws regarding cookies and online privacy. E-commerce Marketing: Assisting with legal issues related to marketing in e-commerce, including email marketing and digital promotions.

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Where can you do this kind of work?

Here are some of the main players in this field

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Here are some of the main players in the field:

  • Bird & Bird LLP - Recognised for its advertising, marketing, and brand management expertise. They handle various matters including regulatory compliance, brand strategy, and commercial agreements.
  • Gowling WLG - This firm provides comprehensive advertising and marketing law services, including advice on promotions, social media, and digital marketing, along with regulatory compliance.
  • Bristows LLP - Known for its work in media and technology, Bristows handles advertising and marketing issues related to intellectual property and regulatory advice.
  • Simkins LLP - Specialises in media, entertainment, and advertising law. They assist with all aspects of advertising and marketing, including content production, digital media, and commercial agreements​.
  • Lewis Silkin LLP - Offers a broad range of advertising and marketing law services, including advice on compliance, sponsorship, and marketing communications. They have a dedicated team for media and entertainment law.
  • Osborne Clarke LLP - This firm provides extensive support in advertising law, focusing on digital marketing, ad tech, and compliance with advertising regulations.
  • Northridge Law LLP - Although primarily focused on sports law, they have significant expertise in marketing and advertising, particularly in sponsorship and commercial deals within the sports industry​