4000 Ponce de Leon Boulevard
Suite 470
Coral Gables, Florida 33146

Advertising and Marketing Law

Did You Know?

Did you know that it's a copyright violation to use all or part of the rules of another game promotion without the author's permission? It may go unnoticed, but is it worth the risk to you or your client? Give yourself peace of mind by hiring an attorney to draft a customized set of rules.

Advertising and Marketing Lawyers – Miami, Florida

Whether you are a business or an ad agency representing a business, there can be many pitfalls when it comes to advertising and marketing. The mere act of mass-market advertising a product or service will inevitably expose yourself, or your client, to a high level of scrutiny and potential legal liability. The Business & Real Estate Law Group in Miami, Florida has the knowledge and experience to identify the pitfalls and recommend solutions.

We mainly represent advertising agencies, marketing firms and media companies with most aspects of their operations including corporate governance, employee issues, game promotions, licensing, intellectual property, and the drafting and review of contracts with clients and vendors. We also frequently assist U.S. Hispanic agencies with the legalities of US and overseas game promotions and ad campaigns.

  • Advertising and Rights Clearance
  • Intellectual Property Infringement
  • Privacy Infringement
  • FTC and FCC Compliance
  • Labeling
  • Live Event Marketing
  • False, Unfair and Deceptive Advertising
  • Alcoholic Beverage Advertising
  • Sweepstakes Law, Contests, and Game Promotions
  • Government Procurement and RFP’s

In addition, we are particularly adept in assisting clients negotiate and draft commercial agreements and other documents such as:

  • Advertising Agency and Marketing Agreements
  • Insertion Orders
  • Game Promotion Indemnification Agreements
  • Sales Representation Agreements
  • Non-Disclosure Agreements
  • Affiliate Marketing Agreements
  • Software License Agreements
  • Ad Serving Agreements
  • Sponsorship Agreements
  • Game Promotion Fulfillment Agreements
  • Shareholder Agreements and Buyouts
  • Letters of Intent
  • Terms and Conditions for Advertising
  • Website Development Agreements
  • Cease and Desist Letters
  • Web Hosting Agreements

Represented Work

  • Ad Agency Representation Agreements: Assisted a Miami-based interactive advertising agency negotiate and draft representation agreements with numerous large advertiser clients, including Aloha Airlines, Bluegreen, Hawaiian Airlines, Colwen Management Inc., AeroMexico, Alienware, AirCanada, Aston Hotels and Resorts, Cathay Pacific, Sol Melia Hotels, Holland America, HSBC, LAN Airlines, Norwegian Cruise Line, Outrigger Hotels and Resorts, Cayman Airways, Starwood, South African Airways, Vanguard Car Rental, Spirit Airlines, Toronto Tourism Board, Toronto Airport Authority, Last Minute Travel, Trinidad and Tobago Tourism, Frontier Airlines, WebMD, Six Continents Hotels, and Tiger Direct.
  • False Advertising Claims: Advised a client regarding a possible false advertising claim and rights clearance issues
  • Live Event Promotion: Advised a major Internet subsidiary of Spain’s Telefonica Group regarding a number of live event promotions whose partners and sponsors included Sony Ericsson and Red Bull.
  • Advertising Trademark Registration: Registered two federal trademarks for a client including one for a proprietary advertising management application.
  • Comprehensive Ad Campaigns: Assisted a Miami-based US Hispanic agency enter into an advertising agency agreement with a major Mexican airline. The arrangement involved a significant one year ad spend involving regional ad buys, sweepstakes marketing, email campaigns, search campaigns, creative services and affiliate marketing services.
  • Google Advertising Negotiation: Assisted a client with a major ad buy with Google. The project involved drafting an extensive addendum to the American Association of Advertising Agencies standard agreement for Internet advertising.
  • Misappropriation of Software: Prepared a cease and desist letter in connection with the misappropriation and sale of proprietary software owned by an ad agency client.
  • BBC Hispanic and Latin American Ad Campaign: Advised and assisted a US Hispanic marketing agency with various aspects of it’s business including a commercial agreement with the British Broadcasting Company and its sweepstakes marketing projects in the United States and Latin America.
  • Advertising Agency Restructuring: Assisted an advertising agency client located in the Miami Design District with the formation of an affiliate company. The transaction included the registration of articles of formation, and the drafting of an operating agreement, employment agreements and a consulting agreement.
  • Hospitality Advertising Campaign: Assisted a client with the negotiation of a major website development project with the Starwood Hotel Chain (whose brands include the Westin, Sheraton and W Hotel chains).
  • Government Advertising Campaigns: Assisted an ad agency client with requests for proposals (RFP’s) in connection with the solicitation of multi-million dollar advertising campaign projects with the State of New Jersey and Osceola County, Florida. The work involved reviewing and preparing some of the RFP documentation and advising the client regarding the legal requirements of the RFP process.
  • Advertising Agency Fees Collection: Advised and assisted an agency client with the collection of outstanding amounts owed to it by two bankrupt airlines. The work included the preparation, review and filing of various bankruptcy documents and filings and the retention and management of outside counsel in Hawaii.
  • Advertising Agency Employee Immigration Visa Procurement: Prepared and solicited the H1B visa applications of two employees on behalf of an advertising and marketing agency client. Both visas were approved.
  • Mexican Tourist Board Ad Campaign: Negotiated, advised and assisted a client with a major advertising campaign for the Mexico Tourism Council (Consejo de Promocion Turistica de Mexico).
  • Middle East Ad Agency Expansion: Assisted with the formation of an advertising agency affiliate company in the Emirate of Dubai. The transaction included the collaboration with overseas counsel in the preparation and review of various formation documents.
  • Everything but the Advertising “Kitchen Sink”: Reviewed, revised, negotiated and drafted dozens of insertion order agreements, term sheets, non-disclosure agreements and numerous other contracts in connection with advertising buys and commercial transactions with major websites and Internet companies such as Ask Jeeves, Gator, Buy.com, CNET, Commission Junction, Google, Yahoo, Last Minute Travel, Kaplan, Marketleap, Mediaplex, NexTag, Office Depot, Omniture, Orbitz, Overture, RocBox, Scholastic, Inc., The Globe, The Nerdz, Ubid, ValueClick, and YupiMSN.

Get a Handle on Costs and Leave it to the Professionals

Advertising and Marketing legal services are sometimes provided for a flat-fee that is quoted at the very beginning of the process. If you need timely and cost-effective legal advice or protection with respect to your advertising or marketing business, or a specific transaction, please call us at 305-372-8755 to schedule a free consultation.