Advertising & Marketing Law
ADVOCATING 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, rolling out 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 messages to customers.
Kyle-Beth also has served as an independent Panel Advisor to the National Advertising Review Board of the Advertising Self-Regulatory Council of the Better Business Bureau.
Advertising Campaigns
- Copy clearance
- Claim substantiation
- Regulatory compliance
- Comparative advertising claims
- Negative options offers
- Subscription models
- Advertising aimed at children
- Green marketing
- Health and nutrition marketing
- Global campaigns
- Pricing claims
- Intellectual property clearance
Promotional Campaigns
- Social media programs
- Mobile marketing
- Sweepstakes/ contests/ games
- Influencer marketing
- Telemarketing
- Cause marketing
- Native advertising
- Real-time marketing
- Loyalty programs
- Gift cards
- Cause marketing
- Global campaigns
Direct Marketing Development
- Catalog review
- Pricing claims
- Product claims
- Advance consent marketing
- Marketing materials (online and offline)
- Telephonic solicitations
Internet Marketing
- Website development
- E-mail marketing
- CAN-SPAM
- Data privacy
- Affiliate marketing
Direct Marketing Development
- Catalog review
- Pricing claims
- Product claims
- Advance consent marketing
- Marketing materials (online and offline)
- Telephonic solicitations
Business Contracts
- Influencer agreements
- Vendor/supplier agreements
- Agency agreements
- Purchase orders
- General business contracts
Disputes
- NAD challenges
- Network challenges
- Unfair competition and false advertising claims
- Trademark and copyright litigation
- Settlement Negotiations