Advertising + Marketing
For nearly half a century, Frankfurt Kurnit’s Advertising & Marketing group has been a leading voice in shaping the legal and business issues that have redefined the advertising industry.
Advertising + Marketing Counseling
Our mission is simple: we provide our clients with unmatched legal expertise, a deep understanding of the advertising industry, and practical, actionable advice.
Consistently ranked among the nation’s best, our lawyers are industry leaders: they serve major roles in key industry organizations, speak regularly at conferences and events, and write extensively on cutting-edge topics – including in our award-winning Advertising Law Blog. We pair that depth of expertise with a genuine passion for the creative industries we serve. Our clients come from every corner of the advertising and marketing world and include global brands (from Fortune 100 companies to start ups, across all sectors), award-winning agencies (creative, digital, media, branding, and specialty shops, including some of the world’s biggest holding companies as well as independent agencies), social media and tech platforms, media companies, production houses, and the individuals (creative and business) who are bold face names in the industry. Because our clients are diverse, our experience is broad and deep. From the first spark of an idea, through development, execution, and launch, we work closely with clients to help transform concepts into campaigns that inspire, entertain, and move culture and markets.
We review campaign concepts at the outset to flag legal and reputational risks before time and money are spent.
We help clients identify product claims, assess the adequacy of the substantiation to support those claims, and counsel on the best way to communicate those claims to consumers in a truthful and compliant manner. Our guidance spans the full spectrum of advertising claims, including express and implied representations, comparative statements, environmental and sustainability claims, health‑related assertions, “Made in the USA” claims, … and more.
We review campaigns for compliance with federal, state and local laws, rules and regulations, industry guidelines, and the policies of platforms, broadcast networks and other exhibitors.
We review campaigns for compliance with federal, state and local laws, rules and regulations, industry guidelines, and the policies of platforms, broadcast networks and other exhibitors.
We advise clients on the full range of production‑related contracts, including agreements with production companies, directors, talent, music licensors, and other creative contributors. Our work ensures that rights are properly secured, deliverables are clearly defined, and all usage, exclusivity, and compensation terms are aligned with legal requirements and industry norms.
We represent both brands and agencies in negotiating the services agreements that form the foundation of their working relationship. Our work includes drafting and refining scopes of work, compensation structures, intellectual property provisions, data‑use terms, performance obligations, termination rights, and risk‑allocation mechanisms. We ensure that each agreement clearly reflects the parties’ expectations, aligns with industry standards, and provides a stable, well‑defined framework for long‑term collaboration.
We advise clients on sweepstakes, skill contests, giveaways, coupons, loyalty programs, rebates, and other promotions.
We structure, draft, and negotiate agreements with celebrities, influencers, and other creative contributors, ensuring that rights, obligations, and deliverables are clearly defined. We advise on issues arising under SAG‑AFTRA and other governing collective bargaining agreements, and we counsel on compliance with FTC endorsement guidelines, platform‑specific requirements, and industry best practices to ensure that disclosures, content, and campaign execution meet all applicable standards. We also assist clients in developing robust policies and procedures to monitor, manage, and mitigate risk across ongoing influencer and creator programs.
Our advertising group advises clients on every facet of sponsorship deals—structuring partnerships, negotiating terms, ensuring compliance, and protecting brand assets—across a wide spectrum of opportunities, including sports sponsorships, major live events, Hollywood films, and television integrations, all with the goal of maximizing visibility, value, and impact.
We collaborate closely with attorneys from our firm’s Entertainment Group and Video Game Group to provide multidisciplinary guidance on projects that involve entertainment and interactive gaming elements.
Advertising Litigation + NAD Challenges
In addition to our robust advertising counseling expertise, we also initiate and defend advertising disputes. We have significant experience defending clients across a plethora of industries in regulatory enforcement actions. Whether initiated by the Federal Trade Commission, a state attorney general or a local law enforcement agency, our team is well poised to negotiate a successful resolution, or litigate if necessary. We help our clients initiate and defend competitor challenges to advertising claims and marketing practices, both before the National Advertising Division and in federal court under the Lanham Act. We also have a breadth of experience defending consumer class actions involving advertising and marketing issues. Our disputes practice complements our counseling practice because the litigators on the team can evaluate risk from a different perspective – they have been in the trenches, seen what can go wrong, and prevent it at the outset.
