Our Advertising Law Practice

Montague Law helps businesses across all industries ensure their advertising practices are legally sound and effective. Our services cover a wide range of advertising law issues, protecting your brand and minimizing legal risks in today’s dynamic marketing environment.

Advertising Compliance and Clearance

We assist clients in navigating the complex regulatory landscape of advertising:

  • Reviewing ad campaigns for legal compliance
  • Conducting pre-publication reviews to identify potential issues
  • Advising on social media advertising regulations
  • Ensuring compliance with endorsement and testimonial guidelines

We work closely with you to ensure your marketing efforts are both effective and legally compliant.

Influencer Marketing and User-Generated Content

We help clients navigate the evolving landscape of influencer marketing and user-generated content:

  • Drafting and reviewing influencer agreements
  • Advising on disclosure requirements for sponsored content
  • Developing policies for user-generated content
  • Addressing potential liability issues related to third-party content

Sweepstakes, Contests, and Promotions

Our team assists in structuring and implementing legally compliant promotional campaigns:

  • Drafting official rules for sweepstakes and contests
  • Ensuring compliance with state and federal regulations
  • Advising on social media platform rules for promotions
  • Addressing prize fulfillment and tax implications

Disputes and Litigation

With our strong litigation background, our attorneys are well-equipped to handle advertising-related disputes:

  • Representing clients in false advertising claims
  • Handling intellectual property disputes in advertising

Our experience gives us unique insights into potential legal risks, allowing us to develop robust protection strategies for our clients.

IP Protection in Advertising

Our advertising law practice integrates seamlessly with our intellectual property services. We offer strategies that combine advertising compliance with other forms of IP protection, such as trademarks and copyrights, to provide comprehensive protection for your marketing assets and brand identity.

Our Practice Areas

All Practice Areas

Frequently Asked Questions

What are the key legal issues in advertising?

Key legal issues in advertising include truth in advertising, substantiation of claims, disclosures, endorsements and testimonials, intellectual property rights, privacy concerns, and compliance with industry-specific regulations.

How can businesses ensure their ads are legally compliant?

To ensure legal compliance, businesses should conduct thorough pre-publication reviews, substantiate all claims, clearly disclose material connections in endorsements, respect intellectual property rights, and stay informed about relevant regulations and guidelines.

What are the risks of non-compliance in advertising?

Non-compliance can lead to regulatory actions, fines, civil lawsuits, damage to brand reputation, and loss of consumer trust. In some cases, it may also result in corrective advertising requirements or product recalls.

How does social media advertising differ legally from traditional advertising?

While the same basic principles apply, social media advertising presents unique challenges such as limited space for disclosures, the need for real-time content moderation, influencer marketing regulations, and platform-specific rules.

What should businesses know about running sweepstakes or contests?

Sweepstakes and contests are heavily regulated. Businesses need to be aware of state and federal laws governing prize promotions, including registration requirements, bonding, and specific rule disclosures. It’s crucial to draft clear, compliant official rules and adhere to them strictly.