From concept to consequence, we guide clients who create and disseminate content across traditional and emerging platforms as they navigate complex laws and regulatory schemes to protect their ideas, communications, business interests, and intellectual property assets.
UB Greensfelder’s advertising, media, and communications team represents clients across industries in a wide range of matters – from concept to consequence.
Who We Are
Our team is experienced in all facets of law pertinent to advertising, brand development and enforcement, communications, publishing, and media-related issues. Our lawyers work with clients from initial concept through execution of advertising campaigns, marketing, promotions, sweepstakes, and content creation for use in all traditional, new, and emerging media platforms. We represent major industry players, including advertising agencies and advertisers, television and radio broadcasters, newspapers, magazines, communications providers, SaaS developers internet service providers, and online merchants.
How We Help
We have substantial experience with the following:
- Comprehensive pre-publication review of advertising and media, including identification of intellectual property implications
- Counseling clients regarding state and federal industry-specific regulatory guidelines and laws
- Counseling clients in connection with claims substantiation protocols
- Counseling clients in connection with comparative advertising
- Counseling clients in connection with advertising directed toward children
- IP licensing and clearance services
- Developing compliant sweepstakes and promotional programs (including loyalty gift cards, coupons, rebates, online promotions, and sales/trade incentives)
- Negotiating, drafting, and implementing talent and production agreements, including advising on applicability, interpretation of, and compliance with entertainment guild collective bargaining agreements
- Developing comprehensive trademark and copyright protection programs and intellectual property portfolios
- Developing advertising and media guidelines, including social media and intellectual property policies
- Reviewing for compliance with government-required or regulated product labeling
- Protecting clients’ interests in disputes and litigation regarding issues of access to public information, commercial speech, advertising, defamation, First Amendment rights, intellectual property rights, invasion of privacy, and consumer protection statutes such as the Telephone Consumer Protection Act (TCPA)
- Advising clients on state and international data protection and privacy regulations, such as the General Data Protection Regulation (GDPR) and Canada Anti-Spam Law
Concept to Consequence
From concept to consequences, clients seek our counsel for fair and measured evaluation of the issues at stake and the potential risks involved. We know their business and take care to manage the process, their reputation, and their work as if it were our own. We regularly represent a host of media organizations and businesses in this area including:
- Advertising agencies – boutique and full-service agencies
- Musicians, artists, production companies, and others in the entertainment industry
- Digital media specialists
- Publishers and authors
- Corporate advertisers – businesses using social media, e-commerce, or traditional advertising
- Television and radio broadcasters
- Newspapers and magazines
- Communications providers
- Software as a service providers, web providers, and online merchants
- Retailers, information service providers, developers, and publishers of software
- Film producers
- Cable operators, competitive local exchange carriers, resellers, cellular and PCS providers, fiber optic infrastructure companies, wireless access companies, enhanced data providers, and dark fiber companies
- Virtually anyone who speaks, advertises a good or service, or uses social media
Litigation
When things don’t go as planned – and clients need representation in defense or pursuit of litigation – we represent their interests in federal and state courts and before governmental and quasi-governmental agencies, including the FTC, FCC, BBB, and CARU, in disputes involving issues of:
- Access to publicly available information (Sunshine Law)
- Antitrust
- Commercial disparagement
- Commercial speech
- Comparative advertising
- Defamation, libel, and slander
- First Amendment rights
- Intellectual property rights
- Invasion of privacy
- Defense of consumer protection actions
- Lanham Act
- Privacy
- Regulatory compliance
- Class action and governmental enforcement lawsuits concerning telemarketing, “spam,” and “do not call” restrictions
We also represent a broad range of communications providers, working with clients on matters ranging from compliance and license applications to right-of-way access and franchise negotiations. Our work includes issues involving public utilities, in addition to assisting clients in the telephone, cable, Internet, and broadcast sectors. We have experience related to:
- Local exchange carriers
- Switch acquisitions and financing
- Fiber optic installations
- Line leasing and IRUs
- Pole agreements
- Municipal franchise negotiations and right-of-way issues
- Satellite dish installations
- Cellphone operations
- Tower sites
- EMF issues
- PEG channel issues
- Obscenity issues
- Must carry rules
- 911 services
We also provide interpretation of PSC and FCC rules and regulations, as well as various facets of the Telecommunications Act of 1996, and advise Internet service providers on user policies and contracts, copyright and trademark, web agreements, licensing, and security. Together with attorneys in our Data Privacy and Cybersecurity Practice Group, we assist clients in developing communications policies to protect client information and proprietary data. In addition, we have helped clients deal with data breaches.
We handle franchise negotiations, sales and purchases of cable systems, rate reviews, rights of way, disconnect problems, and investment in or purchase of foreign cable systems. In addition, we have experience with radio and television personalities’ contract negotiations, recording contracts, and royalty licensing matters, as well as in the sale and acquisition of cable companies and radio stations.
