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"The words of my book nothing, the drift of it everything."
Walt Whitman
“Many a small thing has been made large by the right kind of advertising.”
Mark Twain

Advertising & Marketing Law

Advertising and Marketing LawAdvocating for Commercial Speech

The 1st Amendment protects commercial speech, but unlike ordinary speech, it must not be deceptive or misleading. In the mercurial media landscape, where is the line between “puffery” to promote a product and misleading speech? What regulations impact the proposed copy? When developing creative advertising campaigns, companies rely on Kyle-Beth Hilfer to help them navigate the complex web of legal regulations and case law.

Kyle-Beth works collaboratively with marketing professionals to reduce legal risk while accomplishing her clients’ creative goals. Whether launching an advertising campaign, publishing a catalog, spearheading a social media campaign or running a sweepstakes, clients turn to Kyle-Beth early in the development process as a critical member of the team. They value her keen attention to detail, comprehensive knowledge of advertising laws, and clearly drafted documents. Kyle-Beth ensures legal compliance so that clients can focus on bringing their artistic message to the world.

Kyle-Beth works closely with her advertising and marketing clients on a broad range of services:

Advertising Campaigns

  • Copy clearance
  • Claim substantiation
  • Regulatory compliance
  • Comparative advertising claims
  • Negative options offers
  • Advertising aimed at children

Direct Marketing Development

  • Catalog review
  • Pricing claims
  • Product claims
  • Advance Consent marketing
  • Marketing materials (online and offline)
  • Telephonic solicitations

Promotional Campaigns


Internet Marketing

  • Website development
  • E-mail marketing
  • Anti-spam legislation advice
  • Data privacy laws

Licensing

Business Contracts

  • Vendor/supplier agreements
  • Unsolicited ideas
  • Purchase orders
  • General business contracts

Pre Litigation Advice

  • NAD challenges
  • Network challenges
  • Advice on unfair competition and false advertising claims
  • Negotiating settlements