Advertising Transactions & Agreements

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When brands and companies make their most significant marketing investments, they want advertising & media lawyers who successfully and regularly handle such. Recognizing that content is indeed king and brand protection is a priority, companies need transactional lawyers with substantial industry knowledge and experience in trademark and copyright law. Companies that understand the power of this combination turn to Crowell & Moring’s Advertising & Media team for mission-critical marketing endeavors. The stakes are too high to choose otherwise.

  • Agency deals and relationships. Brands need to protect themselves and take concrete steps to garner value from their investments when engaging with ad agencies. Our work focuses on ensuring transparency and crafting innovative compensation models, and includes assisting clients with the design of agency RFPs, review and assessment of agency bids, and primary negotiation of global agency agreements. We are familiar with the critical negotiation issues and provisions for these kinds of strategic agreements, including media transparency, conflict of interest management, incentive compensation, cross-border tax and accounting issues, co-sponsored content risks, fee reconciliation, IT/data security, brand safety, programmatic tools, and global structure sensitivities.
  • Content and Technology Agreements. Our lawyers work closely with clients to structure and negotiate transactions at the nexus between content and technology, including digital content licensing, adtech agreements, digital distribution agreements, and deals for branded entertainment, mobile payments, targeted behavioral advertising, music and film production, and social media.
  • Sponsorships, Talent, and Promotions. We routinely negotiate and draft marketing, sponsorship, endorsement, and promotion agreements for advertisers and agencies with entertainment properties, broadcasters, publishers, athletes, models, celebrities, and professional sports leagues and teams.
  • Strategic Transactions. Working side-by-side with in-house counsel, marketing departments, procurement, IT, privacy, and finance teams, we advise on the full spectrum of business and legal challenges arising in strategic advertising and media deals such as media reseller and barter, co-branded products, and merchandise licensing agreements.
  • Advertising Production. We have assisted with all facets of commercial advertising production including location, talent, music licensing, and related agreements. We have also represented clients regarding their media and broadcast rights and with advertising technology, media placement, and publishing deals.

Representative Engagements

  • For a variety of leading brands we have negotiated creative and media agency agreement engagements with agency holding companies, including Publicis, WPP, Interpublic Group, Dentsu, and Omnicom.
  • On behalf of leading financial services, telecommunications, retail, fashion, food, appliance, and technology brands, we help secure rights to produce and use digital content and talent through forward-thinking negotiation with sports and entertainment properties, unions, networks, and publishers.
  • Represented one of the world’s leading auto manufacturers to launch an innovative P2P car sharing platform.
  • Negotiated brand ambassador endorsement agreements for men’s apparel and culinary retail clients.
  • Counseled an appliance manufacturer on national promotion in connection with Grammy Awards, including negotiation of music artist endorsement deal and media placements.
  • Negotiated various adtech and media agreements for prominent political digital publishers.
  • Negotiated branded video game development and marketing agreement for a leading quick service restaurant.
  • Negotiated product placement and sponsorship agreements with video game developers for brands in a variety of industries.

View More

"Litigation and Standards for Environmental, Social, and Governance (ESG) Claims," Food and Drug Law Institute Food Advertising, Labeling, and Litigation Conference (September 28, 2022). Panelist: Christopher A. Cole.
Speech/Presentation
"Monstrous Takeaways from Monster’s $175 Million Trademark Arbitration Victory," Advertising & State AG Alert (July 21, 2022). Contacts: Kent B. Goss, Kyle Pham
Client Alert/Newsletter
"Does Elon Musk Have a Point? The Impact of Bots on Twitter Revenue.," Advertising & State AG Alert (June 9, 2022). Contact: Christopher A. Cole
Client Alert/Newsletter
Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S. (June 1, 2022)
Firm News/Announcement
"FTC Issues Long-Awaited Updates to the Endorsement Guides," Advertising & State AG Alert (May 25, 2022). Contacts: Roy Abernathy, Helen O. Ogunyanwo
Client Alert/Newsletter
"Digital Markets Act: EU Institutions Agree on New Rules to Curb the Power Of “Big Tech” Platforms," Antitrust Law Alert (May 17, 2022). Contacts: Thomas De Meese, Karl Stas, Yaël Rager
Client Alert/Newsletter
Crowell & Moring Gains Experienced Brand Protection Litigator Jason Stiehl in Chicago (April 21, 2022)
Firm News/Announcement
With Arrival Of Loeb Litigator, Crowell Continues Chicago Buildout American Lawyer (April 21, 2022)
Press Coverage
American Forest & Paper Association General Counsels Coordinating Committee Fall Meeting 2021 (April 20, 2022). Speakers: Chris Cole and Preston Pugh.
Speech/Presentation
"See You in the Metaverse: What Brands Need to Know," Intellectual Property Bullet Analyses (March 14, 2022). Contacts: Preetha Chakrabarti, Suzanne Trivette
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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