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Matthew E. Smith is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert. He represents brands, advertising agencies, promotions agencies, public relations agencies, media companies, mobile marketers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing and entertainment.

Mr. Smith’s practice involves advising clients on a wide range of advertising and marketing related issues, including matters concerning false or deceptive advertising, unfair advertising practices, proper advertising disclosure, claim testing and substantiation, environmental benefit marketing claims, intellectual property and personal rights matters such as copyright, trademark and rights of publicity, licensing and rights-clearance matters, contract negotiations, as well as on matters relating to federal and state regulatory compliance. Additionally, Mr. Smith has significant experience counseling on matters specific to certain regulated industries, including the alcoholic beverage, automotive, telecommunications, mobile, and casino gaming industries, as well as on matters specific to certain media, such as mobile marketing, text-message marketing, telemarketing, direct mail, e-mail marketing, and cause marketing.

Mr. Smith has extensive knowledge in the area of consumer promotional offers and programs and advises clients on all forms of regional, national and trans-national games of chance, skill-based contests, rebate programs, giveaways, coupons, gift cards, and loyalty programs. In addition, Mr. Smith has significant experience in counseling alcohol beverage brands, as well as alcoholic beverage importers, distributors and retailers (and their agencies) on federal, state and local alcoholic beverage legal compliance and on matters related to industry self-regulation, including with regard to all types of permissible consumer advertising and marketing programs, promotional offers, promotional events, and co-sponsorship matters.

Mr. Smith is frequently involved in reviewing, drafting and negotiating a wide variety of agreements related to marketing practices, including talent contracts, music licenses and other licensing agreements, agency-client agreements, production agreements, liability waivers, indemnification agreements, sponsorships, sweepstakes and skill contest rules, terms and conditions for all matters of promotional programs and offers, terms of use for websites and mobile applications, and online and mobile privacy policies, as well as agreements specific to the alcoholic beverage industry.

Mr. Smith regularly coordinates legal compliance reviews for large multi-national marketing and promotional campaigns and counsels clients on state and federal regulatory matters relating to alcoholic beverage marketing, gift cards, text-messaging programs, telemarketing, direct mail, sweepstakes and skills contests, and charitable solicitations. He also coordinates filings for sweepstakes, the Foreign Agent Registration Act, commercial co-venture promotions, and motor clubs.

Mr. Smith has been recognized by The Legal 500 U.S. 2014 in the area of marketing and advertising.

Before joining Davis & Gilbert, Mr. Smith was a litigation attorney at Shearman & Sterling LLP.

SPEAKING ENGAGEMENTS

"Native Advertising Around the World," Practising Law Institute Webinar, July 18, 2017 

"Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance in a Digital/Mobile Environment," New York City Bar Association Program, May 5, 2017

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

"Governing Sweepstakes, Skill Contests and Other Promotions on the Newest Platforms," New York City Bar Association’s Sweepstakes, Promotions & Marketing Laws Program, May 13, 2016

"Rules of The Game: What Marketers Need to Know about Promotions," Association of National Advertisers Webinar, April 14, 2016

"Marketers Cry 'Green,' But Regulators See Red - Structuring Environmental Claims in Today's Regulatory Environment," Brand Activation Association Webinar, December 8, 2015

"Social Media Rules of the Road for Companies in Highly Regulated Industries," Conference Board’s 2015 Corporate Brand and Reputation Conference, June 9-10, 2015

"FTC Speaks: Operation Full Disclosure & Endorsement Guide," New York City Bar Association Program, May 15, 2015

"Sweepstakes & Promotions," Global Advertising Lawyer's Alliance: United States & Canada Program, April 23, 2015 (New York)

"Blogging, Tweeting and The FTC's Endorsement Guide," 36th Annual Brand Activation Association Marketing Law Conference, November 5-7, 2014

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

"Legal Risks Involving Blogging, Tweeting and the FTC Endorsement Guides," 35th Annual Brand Activation Association Marketing Law Conference, November 18-20, 2013

"Environmental Marketing Claims – It’s Not Easy Being Green," FX Conferences, February 5, 2013

"Green Marketing in a Social World," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012

PUBLICATIONS

Co-Author, "Suit Challenges Jos. A. Bank Clothiers' "Up to" Percent Off Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Green Claims May Be Heating Up," 2017 Trends in Marketing Communications Law

Author, "Change Comes Slowly for Alcohol Brands," 2017 Trends in Marketing Communications Law

Co-Author, "Green Marketing Still Needs Support," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "For Alcohol Brands, New Is Not Always Better," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "How to Avoid Run-Ins With State AGs, the New Cops on the Block," Corporate Counsel, September 24, 2015

Co-Author, "New York Attorney General Is Latest Regulator to Challenge the Auto Industry," D&G Advertising, Marketing & Promotions Alert, September 2015

Co-Author, "Auto Dealers Settle Deception and Fraud Claims as FTC Continues Its Focus on the Industry," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "Environmental Marketing Needs to Get Real," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "For Alcohol Brands, Modern Cannot Mean Young," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, “Analyzing Advertiser Liability for Blogger ReviewsNew York Law Journal, November 3, 2014

Co-Author, "Facebook Bans "Like-Gated" Promotions, and Marketers May Not "Like" It," D&G Advertising, Marketing & Promotions Alert, October 2014

Co-Author, ""Green" Marketing Claims Can Resonate More Broadly Than Almost Any Other Type Of Claim," Advertising Compliance Service, May 2014

Co-Author, "Contest Entrants’ Pins Raise FTC Endorsement Concerns," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Minors’ Suit Against Facebook is Dismissed as California Federal Court Upholds Facebook’s Terms & Conditions," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "A Dozen Auto Dealers Settle FTC's Deceptive Advertising Charges," D&G Advertising, Marketing & Promotions Alert, April 2014

Co-Author, "'New' Concerns Likely To Top FTC’s Interest This Year," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls under New TCPA Rules," D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "Why the FTC Was Not Wonderful to POM," D&G Advertising, Marketing & Promotions Alert, February 2013

Co-Author, "FTC Finalizes New Green Guides," D&G Advertising, Marketing & Promotions Alert, October 2012

Co-Author, "Local Radio Contest with "Misleading" Terms Ends in FCC Fine," D&G Advertising, Marketing & Promotions Alert, September 2012

Co-Author, "Study of “Up To” Claims Suggests Possible Change in FTC Standard," D&G Advertising, Marketing & Promotions Alert, July 2012

Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012 

Co-Author, "FCC Adopts 'Robocall' Rules Tracking FTC's Standard," D&G Advertising, Marketing & Promotions Alert, February 2012 

Co-Author, "FTC To Issue Mandatory Information Requests To Alcoholic Beverage Companies," D&G Advertising, Marketing & Promotions Alert, January 2012 

Co-Author, "Circuit Court Upholds Challenges To New Jersey Gift Card Law," D&G Advertising, Marketing & Promotions Alert, January 2012

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York

EDUCATION

George Washington University Law School, J.D., with honors, 2002
George Washington University Elliott School of International Affairs, Masters of International Affairs, 2002
University of Massachusetts, B.A., cum laude, 1997


The Legal 500 - The Clients Guide to Law Firms

SPEAKING ENGAGEMENTS

"Native Advertising Around the World," Practising Law Institute Webinar, July 18, 2017 

"Sweepstakes, Promotions & Marketing Laws: Comprehension & Compliance in a Digital/Mobile Environment," New York City Bar Association Program, May 5, 2017

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

"Governing Sweepstakes, Skill Contests and Other Promotions on the Newest Platforms," New York City Bar Association’s Sweepstakes, Promotions & Marketing Laws Program, May 13, 2016

"Rules of The Game: What Marketers Need to Know about Promotions," Association of National Advertisers Webinar, April 14, 2016

"Marketers Cry 'Green,' But Regulators See Red - Structuring Environmental Claims in Today's Regulatory Environment," Brand Activation Association Webinar, December 8, 2015

"Social Media Rules of the Road for Companies in Highly Regulated Industries," Conference Board’s 2015 Corporate Brand and Reputation Conference, June 9-10, 2015

"FTC Speaks: Operation Full Disclosure & Endorsement Guide," New York City Bar Association Program, May 15, 2015

"Sweepstakes & Promotions," Global Advertising Lawyer's Alliance: United States & Canada Program, April 23, 2015 (New York)

"Blogging, Tweeting and The FTC's Endorsement Guide," 36th Annual Brand Activation Association Marketing Law Conference, November 5-7, 2014

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

"Legal Risks Involving Blogging, Tweeting and the FTC Endorsement Guides," 35th Annual Brand Activation Association Marketing Law Conference, November 18-20, 2013

"Environmental Marketing Claims – It’s Not Easy Being Green," FX Conferences, February 5, 2013

"Green Marketing in a Social World," 34th Annual Promotion Marketing Association Conference, November 12-14, 2012

PUBLICATIONS

Co-Author, "Suit Challenges Jos. A. Bank Clothiers' "Up to" Percent Off Advertising," D&G Advertising, Marketing & Promotions Alert, April 2017

Co-Author, "Green Claims May Be Heating Up," 2017 Trends in Marketing Communications Law

Author, "Change Comes Slowly for Alcohol Brands," 2017 Trends in Marketing Communications Law

Co-Author, "Green Marketing Still Needs Support," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Author, "For Alcohol Brands, New Is Not Always Better," D&G Advertising Law: 2015 Lessons Learned & 2016 Practical Advice

Co-Author, "How to Avoid Run-Ins With State AGs, the New Cops on the Block," Corporate Counsel, September 24, 2015

Co-Author, "New York Attorney General Is Latest Regulator to Challenge the Auto Industry," D&G Advertising, Marketing & Promotions Alert, September 2015

Co-Author, "Auto Dealers Settle Deception and Fraud Claims as FTC Continues Its Focus on the Industry," D&G Advertising, Marketing & Promotions Alert, April 2015

Co-Author, "Environmental Marketing Needs to Get Real," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Author, "For Alcohol Brands, Modern Cannot Mean Young," D&G Advertising Law: 2014 Lessons Learned & 2015 Practical Advice, Winter 2015

Co-Author, “Analyzing Advertiser Liability for Blogger ReviewsNew York Law Journal, November 3, 2014

Co-Author, "Facebook Bans "Like-Gated" Promotions, and Marketers May Not "Like" It," D&G Advertising, Marketing & Promotions Alert, October 2014

Co-Author, ""Green" Marketing Claims Can Resonate More Broadly Than Almost Any Other Type Of Claim," Advertising Compliance Service, May 2014

Co-Author, "Contest Entrants’ Pins Raise FTC Endorsement Concerns," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "Minors’ Suit Against Facebook is Dismissed as California Federal Court Upholds Facebook’s Terms & Conditions," D&G Advertising, Marketing & Promotions Alert, May 2014

Co-Author, "A Dozen Auto Dealers Settle FTC's Deceptive Advertising Charges," D&G Advertising, Marketing & Promotions Alert, April 2014

Co-Author, "'New' Concerns Likely To Top FTC’s Interest This Year," D&G Advertising Law: 2013 Lessons Learned & 2014 Practical Tips, Winter 2014

Co-Author, "Reminder: Prior Express Written Consent Now Required for Certain Text Messages and Other Calls under New TCPA Rules," D&G Advertising, Marketing & Promotions Alert, November 2013

Co-Author, "Why the FTC Was Not Wonderful to POM," D&G Advertising, Marketing & Promotions Alert, February 2013

Co-Author, "FTC Finalizes New Green Guides," D&G Advertising, Marketing & Promotions Alert, October 2012

Co-Author, "Local Radio Contest with "Misleading" Terms Ends in FCC Fine," D&G Advertising, Marketing & Promotions Alert, September 2012

Co-Author, "Study of “Up To” Claims Suggests Possible Change in FTC Standard," D&G Advertising, Marketing & Promotions Alert, July 2012

Co-Author, "Groupon Settles "Expiration Date" Claims for $8.5 Million," D&G Advertising, Marketing & Promotions Alert, April 2012 

Co-Author, "FCC Adopts 'Robocall' Rules Tracking FTC's Standard," D&G Advertising, Marketing & Promotions Alert, February 2012 

Co-Author, "FTC To Issue Mandatory Information Requests To Alcoholic Beverage Companies," D&G Advertising, Marketing & Promotions Alert, January 2012 

Co-Author, "Circuit Court Upholds Challenges To New Jersey Gift Card Law," D&G Advertising, Marketing & Promotions Alert, January 2012

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York

EDUCATION

George Washington University Law School, J.D., with honors, 2002
George Washington University Elliott School of International Affairs, Masters of International Affairs, 2002
University of Massachusetts, B.A., cum laude, 1997


The Legal 500 - The Clients Guide to Law Firms