Advertising, Media, & First Amendment

With experience guiding clients through advertising campaigns, sweepstakes and promotions, and marketing through online and traditional platforms, our attorneys routinely counsel clients in all aspects of advertising. We have also assisted the companies we represent in industry-regulated and government regulated forums in dealing with challenges from competitors, and with risk management where digital or social media publicity may provide a risk of damage to their reputations.

We represent large and small companies from established brands and promotional vendors to unique start-ups and thought leaders with new ideas. Product manufacturers and service providers in the media, food, technology, and energy  industries turn to G&M for guidance on issues in clearance, promotions, and marketing including addressing deceptive pricing, consumer protection, digital and social media marketing, disputes with competitors, false advertising, warranty matters, data privacy, regulatory compliance, and comparative advertising and claim substantiation.

G&M’s media and entertainment practice advises clients in matters from promoting and creating their content to licensing, protecting, and distributing their creative works.

Media businesses turn to G&M for litigation and regulatory concerns like: monetizing their intellectual property, handling infringement, contracting and negotiating for endorsements and sponsorships, content licensing collaboration, company consolidation and asset divestment.

G&M effectively represents clients in all types of media related proceedings including false advertising, libel and defamation actions in federal and state courts, and the investigation of false and deceptive statements and claims by the Federal Trade Commission, the various state attorneys general, and trade groups, including the National Advertising Division of the Council of Better Business Bureaus, Inc. We also offer media company, in-house, newsgathering compliance programs designed to educate and train employees in these areas.

G&M’s lawyers have helped companies through a large number of First Amendment and media law issues, including assisting clients to resolve business disparagement, copyright, trademark, libel, privacy, and advertising lawsuits. Our attorneys have helped clients navigate freedom of information act issues, access to courtroom disputes, and governmental meetings.

We have experience representing clients such as magazines, book publishers, studios, arts organizations, newspapers, broadcasters and online content providers. The practice group has handled and can help with:

• Prepublication review, newsgathering matters, reporter’s privilege and website due diligence.
• Defending journalists subpoenaed in civil and criminal proceedings.
• Helping journalists maintain the confidentiality of sources.
• Prosecuting and defending libel, slander, defamation, right of publicity and invasion of privacy matters, including business disparagement.
• Obtaining access and enforcing rights to open government and open records issues.
• Anti-SLAPP motions and lawsuit defense.
• False advertising claims and defense.
• Representing parties involved in claims over the right to privacy.
• Assisting businesses providing adult content and sexually-oriented material.
• Assisting not-for-profits and religious institutions in claims regarding religious freedom.
• Constitutional challenges to statutes rules and regulations.