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REPRESENTATIVE ENGAGEMENTS

DIGITAL MEDIA

  • We represent several of the world’s top media agencies in negotiating agreements allocating the rights and responsibilities (including data usage rights, disclosure obligations and security requirements) relating to real-time bidding (RTB) for online ads with demand side platforms (DSPs), ad exchanges, audience buying groups, and remnant optimizers.
  • We represented advertising agency Wieden + Kennedy in developing, launching and promoting a website for the Dodge Dart that lets consumers configure a Dodge Dart with certain features and then ask friends and family to help sponsor parts of it. We helped scope out the unique concept, worked on the website (terms, privacy, content and process), worked with a third party payment vendor and reviewed copy for the television spot.
  • We represented Specific Media, a global interactive media company that sells ads on other websites, in connection with its acquisition of music and social media platform MySpace.
  • We have negotiated thousands of online advertising deals, from sophisticated co-branding and sponsorship agreements, to insertion orders for virtually any imaginable type of online inventory, including banner impressions, cost-per-click, cost-per-acquisition, lead generation, search engine marketing, contextual advertising, email marketing, SMS text messaging, and the creation and acquisition of “rich-media” inventory. We have negotiated several of these agreements with market leaders including Microsoft, AOL, Google, Yahoo and Facebook and other major online publishers.
  • We have represented several of the world’s largest advertising agencies in negotiations regarding the Standard Terms and Conditions for Internet Advertising, a definitive document outlining the key terms of all internet advertising media sales transactions, including data usage.
  • We advised a leading financial institution in connection with the development and launch of a new website and service for credit card members to access services for personal financial security and other benefits, including developing privacy policy and practices for this new service.
  • We represented Verizon Wireless in negotiating an agreement with Microsoft to establish Microsoft as the multi-protocol data service provider of Verizon Wireless, and to set the framework for the parties to create and co-market enterprise applications and software platforms for wireless devices.
  • We represent dozens of entities in negotiations with third-party ad serving technology companies such as DoubleClick.
  • We represent Seevast Corp., a leading contextual and search-based advertising holding company, in all aspects of its business.
  • We represent companies involved in Campaign Management, Search Engine Optimization, Lead Generation, Analytics and Affiliate Marketing.

SOCIAL MEDIA

  • We represented a leading advertising agency in the comprehensive negotiation of security and data usage terms with one of the world’s largest social networks.
  • We routinely review social media promotions, including sweepstakes, contests, coupons, rebates, free trial offers, and other promotions for agency clients, as well as directly for well-known companies such as Chanel, Little Caesars Enterprises, Bob Evans, Take Two Interactive (2K Sports), Nissan North America, Kao USA, Stuart Weitzman, Simon & Schuster, Scholastic, and Random House.
  • We helped structure a first-of-its kind football-themed social media contest for a financial services company, where consumers submitted a “fantasy” via social media for the chance to have the experience fulfilled.
  • We represent LinkedIn on general advertising-related issues.
  • We routinely handle issues and disputes arising from content posted online, including defending a digital marketing agency in a right of publicity claim stemming from an advertisement posted on the company’s Facebook and Twitter pages.
  • We frequently advise clients on all aspects of advertising on social media, including on Facebook, Twitter, Pinterest, Instagram, and YouTube.
  • We regularly work with clients to develop social media policies for bloggers, spokespeople and employees.
  • We worked with the social media platform Crowdtap to develop comprehensive reward programs and privacy policies that allow brands to connect with their fans and customers through social media.

TECHNOLOGY

  • We advised a technology company on all privacy aspects, including consumer disclosures and negotiations with wireless carriers, in connection with the launch of a wearable piece of technology designed to be worn by children primarily on their wrists as a safety and security device.
  • We advised a major advertising agency in the implementation of a uniquely structured Tier III data center.
  • We represent the provider of consumer cloud-based storage services regarding customer subscription processes, service disclosures and security commitments.
  • We represented Verizon Wireless in its negotiation of agreements with OnStar, an affiliate of General Motors, to enable the nationwide wireless capabilities of GM’s telematics system known as OnStar.

ONLINE SERVICES

  • We represent Endurance International Group, Inc., the operator of numerous online web hosting services under various brand names, in reviewing the privacy practices of these various properties and in revising, improving and synchronizing their approaches to consumer privacy disclosures and data usage practices.
  • We advised Kantar Media in negotiating a collaboration with Nielsen Media to include data collected from the set top boxes of DirecTV subscribers in Nielsen’s U.S. marketing television reporting.
  • We represent Verizon Wireless in the acquisition, development and production of creative content for its wireless services, including acquiring ring tone rights from all major recording labels and developing and acquiring map, local guide and other information services for Verizon Wireless’ wireless web portal.

PRIVACY & DATA SECURITY

  • We regularly advise clients in reviewing agreements from data matching vendors who, through the use of various technologies, have the ability to “match” or find a user a company may know offline in an online environment or find a user that a company may know on one platform on another.
  • We represented numerous agencies of one of the world’s leading advertising and marketing services groups on implementing a worldwide human resources database, which included assisting numerous companies on their Safe Harbor registrations, and negotiating with various third party vendors to provide products and services in connection with the program.
  • We represent numerous ad networks, mobile app publishers and media buying agencies on compliance with the Children’s Online Privacy Protection Rule (COPPA).
  • We represented a major worldwide bank in the development of cybersecurity incident response program.
  • We regularly represent doctors, hospitals, insurance providers and employer-sponsored group health plans in all areas of HIPAA privacy and security, including counseling in regard to day-to-day operations and in certain settings such as bankruptcy and mergers and acquisitions. We guide our clients in complying with the law, implementing policies and procedures, providing training and responding to known or suspected breaches.
  • We successfully drafted and negotiated language implementing controls with respect to Tracking Technologies – various forms of technologies that track consumer activities on the web – on behalf of a number of agency clients, helping to draw the line between that are acceptable and those that are not.
  • We are advising numerous publishers, agencies, advertisers and implementation service providers in connection with the application and implementation of the Self-regulatory Principles for Online Behavioral Advertising, which require notification of behavioral targeting on or adjacent to the ad unit itself. We work extensively with clients to implement the requirements both in the context of disclosures in ad units, on publisher sites and in privacy policies. We have also negotiated worldwide agreements with some major providers covering hundreds of companies within one corporate family.
  • We represented a large, multi-national company in the analysis of all aspects of the establishment of an internal data sharing service.
  • We manage and control the process required by state security breach notification laws to notifying consumers in connection with security breaches on behalf of multiple clients.
  • We advise interactive companies in connection with the collection of personally identifiable information from European end-users and the transfer of such data to the United States.
  • We provide onsite privacy training sessions for our client’s business and legal personnel on privacy, data protection, data security and interactive marketing practices.
  • We provide advice and counsel regarding compliance with standards from numerous self-regulatory organizations, including TRUSTe, Network Advertising Initiative and Payment Card Industry Data Security Standards (PCI-DSS).

INTERACTIVE ENTERTAINMENT

  • We represent Riot Games (Riot), owner of the League of Legends video games, in managing its international trademark portfolio. We also handle enforcement matters and have successfully handled disputes brought before the Internet Corporation for Assigned Names and Numbers (ICANN) for Riot.
  • We represent Take-Two Interactive Software in handling the clearance, rights and intellectual property content relating to the development and production of the company’s games, including the best-selling and award-winning series Grand Theft Auto, Bioshock, Civilization, Midnight Club, Max Payne and Red Dead Redemption.
  • We represent Sony Computer Entertainment America (Sony PlayStation) on various in-game advertising agreements and advice, as well as intellectual property related advice and claims.
  • We represented Harris Publishing, a leading magazine publisher, in negotiating an agreement with 1633, S.A., a French mobile entertainment company, with respect to the licensing and distribution of branded content via mobile distribution and promoted on a cross platform basis. Our attorneys counseled the client on the business terms, as well as negotiated and drafted the agreement for trademark licensing, branded content production, licensing, advertising and distribution issues.
  • We represent and advise Verizon in deals and issues related to bringing new content onto their wireless network, including key ringtone, audio, web, television, and video content deals. We also provide drafting and negotiation of video content license arrangements, new agreements for WAP pages and content, as well as amendments to existing V CAST agreements to modify the content or other terms for a variety of high-profile clients.

MOBILE

  • We are representing several leading mobile ad networks in connection with the implementation of the Application of Self-regulatory Principles to the Mobile Environment.
  • We represent an independent mobile advertising platform company in a variety of matters, including privacy and acquisition and sales of network inventory.
  • We represent Crisp Media in connection with its mobile ad serving and ad network products and services.
  • We represented a publisher of books, newsletters and mobile apps in connection with a Florida State Attorney General investigation involving claims of negative option marketing, including with respect to free trial offers, continuity programs and automatic renewal programs, as well as claims regarding false and deceptive advertising.
  • We represented Verizon Wireless in negotiating an agreement with Vodaphone for the creation, maintenance and hosting of a hub for the delivery of content to wireless communications devices via Short Message Service (SMS) Messages.