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Allison Fitzpatrick is a partner in the Advertising, Marketing & Promotions Practice Group of Davis & Gilbert. She represents advertisers, media companies, and agencies in connection with all aspects of advertising, marketing, and promotions.

Ms. Fitzpatrick frequently counsels clients on new media issues, including with respect to social media, user-generated content, blogging, mobile marketing and other emerging media. She develops clients’ blogging and social media policies and procedures and reviews clients’ social media campaigns to ensure compliance with the Federal Trade Commission’s Endorsement Guides and .com Disclosure Guides. Ms. Fitzpatrick also speaks about and advises clients on all aspects of children’s advertising and privacy, including compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines and the Children’s Online Privacy Protection Act (COPPA). She routinely reviews websites, apps, privacy policies and promotions to ensure compliance with COPPA and other privacy laws. She has represented clients in proceedings before the Children’s Advertising Review Unit and the National Advertising Division and in state regulatory investigations, including comprehensive multi-state actions, most notably in connection with negative option marketing and free trial offers.

In addition, Ms. Fitzpatrick has significant experience in the area of sweepstakes and promotions and advises clients on games of chance, complex skill contests, rebates, gift cards, and coupons, including on Facebook, Twitter, Pinterest, Instagram and YouTube for agency clients, as well as directly for many well-known companies. She regularly counsels clients on all aspects of promotions, including with respect to drafting and reviewing their rules, and any prize supplier and promotional agreements, and winner affidavits and notifications. Ms. Fitzpatrick has also developed a number of loyalty/reward programs for clients.

Ms. Fitzpatrick regularly counsels clients on price advertising, false and deceptive advertising, claim substantiation, privacy, telemarketing, direct mail, email marketing (e.g., CAN-SPAM), endorsement and testimonial issues, and negative option marketing, as well as intellectual property matters involving copyright, trademark, right of privacy and publicity. She also advises clients with respect to drafting and negotiating a variety of agreements, including agency-client agreements, talent agreements and production agreements.

Ms. Fitzpatrick has been recognized by The Legal 500 United States in the area of advertising and marketing for four consecutive years (2013-2016). She has also been listed in the 2013 Irish Legal 100 by the Irish Voice Newspaper.

SPEAKING ENGAGEMENTS

"Advertising and Social Media Law: What You Need To Know," Association of Corporate Counsel's Westchester/Southern Connecticut Chapter Program, February 2, 2017

"Children's Advertising," 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"All Things Global: Exploring Legal and Business Considerations for International Sweepstakes or Promotions," American Conference Institute's 5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions, October 17-18, 2016

"Drafting and Negotiating Strategies for Working With Children’s Entertainment Properties," CARU West Coast Conference 2016, May 11, 2016

"Social Media - Can You Win in Court AND in the Court of Public Opinion?" Davis & Gilbert/Peppercomm Seminar, March 9, 2016

"What's Trending in Tech & Advertising," AdThink, November 18, 2015. Click here to view a video highlighting expert advice on the FTC's Endorsement Guides for technology start-ups.

"Brand Activation Law: Walking the Line: Between Innovation and Regulation," 37th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2015

"Sweepstakes and Contests," New York City Bar Association Hot Topics in Advertising Law Program, October 30, 2015

CARU Annual Conference 2015, September 30, 2015

"FTC's New COPPA Rule: Two Years Later," Davis & Gilbert/CARU Seminar, April 8, 2015

"Ambush Marketing, Sports Sponsorships and Social Media," 36th Annual Brand Activation Association Marketing Law Conference, November 5-7, 2014

"How to Manage the Legal and PR Risks in Social Media," Ragan Communication’s 6th Annual Employee Communications, PR and Social Media Summit, October 28-30, 2014

"Special Issues in Cause-Related Marketing," Practising Law Institute's Advertising Law Institute 2014, October 9-10, 2014

"Negotiation Strategies for Advertising Agency & Talent Agreements Related to Children's Media," CARU Annual Conference 2014, October 1, 2014

"Managing the Legal and PR Risks in Social Media," Brand Activation Association Webinar, September 23, 2014

PUBLICATIONS

Co-Author, "Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children's Unauthorized In-App Charges," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "FTC Tells Influencers to Disclose Connections on Social Media," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Influencer Campaigns See Increased Scrutiny," 2017 Trends in Marketing Communications Law

Co-Author, "Children's Privacy and Children-Directed Influencer Marketing Face Greater Scrutiny," 2017 Trends in Marketing Communications Law

Co-Author, "New Federal Law Protects Consumer Reviews of Products and Services," D&G Advertising, Marketing & Promotions Alert, March 2017

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Regulators Scrutinize Social Media Campaigns," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Children's Privacy at the Heart of Regulatory Action," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "Why FTC’s Action Against Lord & Taylor Was More Than Slap on Wrist," Corporate Counsel, April 4, 2016

Author, "Candy Companies Agree to Stop Advertising to Children," D&G Advertising, Marketing & Promotions Alert, April 2016

Co-Author, "FTC Brings First Action Alleging Deceptive Native Advertising Practices," D&G Advertising, Marketing & Promotions Alert, March 2016

Co-Author, "NYC Marathon Organizer Sued Over Alleged Illegal Lottery," D&G Advertising, Marketing & Promotions Alert, January 2016

Author, "Views on COPPA Enforcement Actions and Trends From Allison Fitzpatrick, Partner, Davis & Gilbert LLP," Bloomberg BNA, February 1, 2016

Author, "FTC Announces COPPA Actions Against App Developers," D&G Advertising, Marketing & Promotions Alert, January 2016

Author, "FTC’s New Scrutiny of Social Media Campaigns," Today’s General Counsel, October, 2015

Author, "FTC Updates Its Endorsement FAQs to Address Like-Gating, Pinning, Tweeting And Other Social Media Activities," Bloomberg BNA: Social Media Law & Policy Report, July 14, 2015 

Co-Author, "FTC Updates Answers to Frequently Asked Questions About Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, June 2015

Co-Author, "Automobile Shipment Broker Settles with FTC Over Charges that It Misrepresented Online Customer Reviews," D&G Advertising, Marketing & Promotions Alert, March 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, “The FTC, States and CARU Continue to Focus on COPPA,” D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "Why We All Need to Worry About Children's Privacy," Advertising Age, January 7, 2015

PRESS

Quoted, PRNewsPro, "Fit To Be Teed," January 30, 2017

Featured, PRNewsPro, "Data, Fake News, Mobility, Recruitment & Retention Top of Mind for PR Pros in 2017," January 9, 2017

Quoted, BloombergBNA Privacy & Data Security Law Report, "FTC Should Step Up Smart Toys Privacy Enforcement," December 15, 2016

Quoted, BloombergBNA Privacy Law Watch, "Web Toys Spied on Children, Privacy Groups Tell FTC," December 6, 2016

Quoted, PRNewsPRO, "Influencer Ban? Not.," October 31, 2016

Quoted, Bloomberg BNA Privacy Law Watch, "Viacom, Mattel, Hasbro to Stop Child Web Tracking," September 14, 2016

Quoted, PRNews, "A Second Helping of PewDiePie?" August 22, 2016

Quoted, PRNews, "Tips to Work With Influencers, Agencies in the Aftermath of the FTC-Warner Bros. Case," July 18, 2016

Quoted, AdExchanger.com, "InMobi's Illegal Location Tracking Debacle is Just the Tip of the Iceberg and Regulators are Chomping at the Bit," June 27, 2016

Quoted, Bloomberg BNA Privacy Law Watch, "Singapore-Based Mobile Ad Network Settles FTC Suit Over Tracking Consumer Locations," June 23, 2016

Quoted, PRNews, "To Disclose or Not to Disclose: What You Need to Know About FTC Regulations on Influencers," May 23, 2016

Quoted, Law360.com, "Amazon's Liability for In-App Buys Weighs in FTC's Favor," by Allison Grande, April 28, 2016

Mentioned, Corporate Counsel, "Why FTC's Action Against Lord & Taylor Was More Than Slap on Wrist," April 2016

Quoted, Mobile Marketer, "As Social Influencer Programs Gain, Some Marketers Land in Hot Water," by Brielle Jaekel, March 24, 2016

Quoted, PR News, "The Natives Get Wrestled," March 21, 2016

Quoted, Corporate Counsel, "In a First for the FTC, Lord & Taylor Settles Claims Over Instagram Ads," by Stephanie Forshee, March 16, 2016

Quoted, PR News, "No Love," March 14, 2016

Quoted, Pnconnect.com, "Not Everything On Instagram Is Yours For The Taking: How To Use User-Generated Content In Your Branded Content Without Getting Sued," December 7, 2015

Mentioned, Law360.com, "FTC Adds Image-Matching Method To COPPA Consent Options," November 20, 2015

Quoted, Marketing Land, "FTC Puts Social Media Marketers on Notice with Updated Disclosure Guidelines," June 12, 2015

Quoted, InsideCounsel, "FTC Updates Endorsement Guide, Increased Enforcement Likely," June 10, 2015

Quoted, Corporate Counsel, "FTC Revises Guidelines on Online Endorsements," June 9, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
Children's Advertising Review Unit's Supporters Council

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York

EDUCATION

Fordham University School of Law, J.D., 2001
Georgetown University, B.A., cum laude, 1995


The Legal 500 - The Clients Guide to Law Firms

SPEAKING ENGAGEMENTS

"Advertising and Social Media Law: What You Need To Know," Association of Corporate Counsel's Westchester/Southern Connecticut Chapter Program, February 2, 2017

"Children's Advertising," 38th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2016

"All Things Global: Exploring Legal and Business Considerations for International Sweepstakes or Promotions," American Conference Institute's 5th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions, October 17-18, 2016

"Drafting and Negotiating Strategies for Working With Children’s Entertainment Properties," CARU West Coast Conference 2016, May 11, 2016

"Social Media - Can You Win in Court AND in the Court of Public Opinion?" Davis & Gilbert/Peppercomm Seminar, March 9, 2016

"What's Trending in Tech & Advertising," AdThink, November 18, 2015. Click here to view a video highlighting expert advice on the FTC's Endorsement Guides for technology start-ups.

"Brand Activation Law: Walking the Line: Between Innovation and Regulation," 37th Annual Brand Activation Association Marketing Law Conference, November 9-11, 2015

"Sweepstakes and Contests," New York City Bar Association Hot Topics in Advertising Law Program, October 30, 2015

CARU Annual Conference 2015, September 30, 2015

"FTC's New COPPA Rule: Two Years Later," Davis & Gilbert/CARU Seminar, April 8, 2015

"Ambush Marketing, Sports Sponsorships and Social Media," 36th Annual Brand Activation Association Marketing Law Conference, November 5-7, 2014

"How to Manage the Legal and PR Risks in Social Media," Ragan Communication’s 6th Annual Employee Communications, PR and Social Media Summit, October 28-30, 2014

"Special Issues in Cause-Related Marketing," Practising Law Institute's Advertising Law Institute 2014, October 9-10, 2014

"Negotiation Strategies for Advertising Agency & Talent Agreements Related to Children's Media," CARU Annual Conference 2014, October 1, 2014

"Managing the Legal and PR Risks in Social Media," Brand Activation Association Webinar, September 23, 2014

PUBLICATIONS

Co-Author, "Amazon, FTC Withdraw Appeal of Decision Holding Amazon Liable for Billing Parents for Children's Unauthorized In-App Charges," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "FTC Tells Influencers to Disclose Connections on Social Media," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Influencer Campaigns See Increased Scrutiny," 2017 Trends in Marketing Communications Law

Co-Author, "Children's Privacy and Children-Directed Influencer Marketing Face Greater Scrutiny," 2017 Trends in Marketing Communications Law

Co-Author, "New Federal Law Protects Consumer Reviews of Products and Services," D&G Advertising, Marketing & Promotions Alert, March 2017

Co-Author, "FTC's First COPPA Action Against Mobile Ad Network Highlights Risks for Operators As Well," D&G Advertising, Marketing & Promotions Alert, July 2016

Co-Author, "Self-Regulatory Principles Applied for First Time to Mobile Apps and Discussed at DAA and ASRC Events," D&G Advertising, Marketing & Promotions Alert, May 2016

Co-Author, "Regulators Scrutinize Social Media Campaigns," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "Children's Privacy at the Heart of Regulatory Action," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "Why FTC’s Action Against Lord & Taylor Was More Than Slap on Wrist," Corporate Counsel, April 4, 2016

Author, "Candy Companies Agree to Stop Advertising to Children," D&G Advertising, Marketing & Promotions Alert, April 2016

Co-Author, "FTC Brings First Action Alleging Deceptive Native Advertising Practices," D&G Advertising, Marketing & Promotions Alert, March 2016

Co-Author, "NYC Marathon Organizer Sued Over Alleged Illegal Lottery," D&G Advertising, Marketing & Promotions Alert, January 2016

Author, "Views on COPPA Enforcement Actions and Trends From Allison Fitzpatrick, Partner, Davis & Gilbert LLP," Bloomberg BNA, February 1, 2016

Author, "FTC Announces COPPA Actions Against App Developers," D&G Advertising, Marketing & Promotions Alert, January 2016

Author, "FTC’s New Scrutiny of Social Media Campaigns," Today’s General Counsel, October, 2015

Author, "FTC Updates Its Endorsement FAQs to Address Like-Gating, Pinning, Tweeting And Other Social Media Activities," Bloomberg BNA: Social Media Law & Policy Report, July 14, 2015 

Co-Author, "FTC Updates Answers to Frequently Asked Questions About Endorsement Guides," D&G Advertising, Marketing & Promotions Alert, June 2015

Co-Author, "Automobile Shipment Broker Settles with FTC Over Charges that It Misrepresented Online Customer Reviews," D&G Advertising, Marketing & Promotions Alert, March 2015

Co-Author, "Navigating a Changing Social Media Landscape," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, “The FTC, States and CARU Continue to Focus on COPPA,” D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "Why We All Need to Worry About Children's Privacy," Advertising Age, January 7, 2015

PRESS

Quoted, PRNewsPro, "Fit To Be Teed," January 30, 2017

Featured, PRNewsPro, "Data, Fake News, Mobility, Recruitment & Retention Top of Mind for PR Pros in 2017," January 9, 2017

Quoted, BloombergBNA Privacy & Data Security Law Report, "FTC Should Step Up Smart Toys Privacy Enforcement," December 15, 2016

Quoted, BloombergBNA Privacy Law Watch, "Web Toys Spied on Children, Privacy Groups Tell FTC," December 6, 2016

Quoted, PRNewsPRO, "Influencer Ban? Not.," October 31, 2016

Quoted, Bloomberg BNA Privacy Law Watch, "Viacom, Mattel, Hasbro to Stop Child Web Tracking," September 14, 2016

Quoted, PRNews, "A Second Helping of PewDiePie?" August 22, 2016

Quoted, PRNews, "Tips to Work With Influencers, Agencies in the Aftermath of the FTC-Warner Bros. Case," July 18, 2016

Quoted, AdExchanger.com, "InMobi's Illegal Location Tracking Debacle is Just the Tip of the Iceberg and Regulators are Chomping at the Bit," June 27, 2016

Quoted, Bloomberg BNA Privacy Law Watch, "Singapore-Based Mobile Ad Network Settles FTC Suit Over Tracking Consumer Locations," June 23, 2016

Quoted, PRNews, "To Disclose or Not to Disclose: What You Need to Know About FTC Regulations on Influencers," May 23, 2016

Quoted, Law360.com, "Amazon's Liability for In-App Buys Weighs in FTC's Favor," by Allison Grande, April 28, 2016

Mentioned, Corporate Counsel, "Why FTC's Action Against Lord & Taylor Was More Than Slap on Wrist," April 2016

Quoted, Mobile Marketer, "As Social Influencer Programs Gain, Some Marketers Land in Hot Water," by Brielle Jaekel, March 24, 2016

Quoted, PR News, "The Natives Get Wrestled," March 21, 2016

Quoted, Corporate Counsel, "In a First for the FTC, Lord & Taylor Settles Claims Over Instagram Ads," by Stephanie Forshee, March 16, 2016

Quoted, PR News, "No Love," March 14, 2016

Quoted, Pnconnect.com, "Not Everything On Instagram Is Yours For The Taking: How To Use User-Generated Content In Your Branded Content Without Getting Sued," December 7, 2015

Mentioned, Law360.com, "FTC Adds Image-Matching Method To COPPA Consent Options," November 20, 2015

Quoted, Marketing Land, "FTC Puts Social Media Marketers on Notice with Updated Disclosure Guidelines," June 12, 2015

Quoted, InsideCounsel, "FTC Updates Endorsement Guide, Increased Enforcement Likely," June 10, 2015

Quoted, Corporate Counsel, "FTC Revises Guidelines on Online Endorsements," June 9, 2015

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association
Children's Advertising Review Unit's Supporters Council

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York

EDUCATION

Fordham University School of Law, J.D., 2001
Georgetown University, B.A., cum laude, 1995


The Legal 500 - The Clients Guide to Law Firms