Advertising, Gaming and Promotions

Advising clients on advertising, gaming and promotions questions in today’s world requires a combination of skillsets – an appreciation of classic advertising substantiation principles and the rules governing today’s forms of digital marketing practices, a deep grounding in adtech, privacy and data analytics, and, as behavioral “gamification” expands across a wide range of industries, expertise in gambling laws and prohibitions. Paul Hastings possesses all of these strengths.

Advertising Substantiation and Marketing

  • We have advised clients for decades in the classic areas of advertising claims review and substantiation. Our work has encompassed a range of industries, including consumer products, retail, over-the-counter health products, nutrition and nutraceuticals, quick-service restaurants and other food services.

  • We regularly advise clients on the implications of new media, including the use of social media and mobile communications for advertising and marketing.

  • Our lawyers counsel on compliance with the Telephone Consumer Protection Act and CAN-SPAM Act, and are on the leading edge of developments regarding database marketing, marketing lists, consumer privacy, sweepstakes, contests and promotions, and spam.

Advertising Litigation and Disputes

  • We have tried and won a range of litigations, as well as advertiser challenges before the National Advertising Division of the Better Business Bureaus, the principal alternative resolution body for advertising disputes. Our litigation experience extends to consumer class actions and competitor claims brought under the federal Lanham Act.

  • We represent clients in advertising and claims investigations before the Federal Trade Commission, Food & Drug Administration and state attorneys general.

Adtech, Privacy and Data Analytics

  • In collaboration with our Privacy and Cybersecurity practice, we are leaders in advising clients on the implications of digital marketing, data-sharing, behavioral advertising and related techniques, including their implications under laws such as the European General Data Protection Regulation and California Consumer Privacy Act (as well as the yet-to-take-effect California Privacy Rights Act).

  • Our work has included helping clients understand both the legal and policy implications of data analytics, in connection with smart appliances (“The Internet of Things”) and artificial intelligence.

Gaming and Gamification

  • We advise clients in the conduct of sweepstakes and promotions, as well as in wide-ranging “gamification” of goods and services. We are well versed in the intricacies of virtual currency and prizes, alternative methods of entry, evaluations of skill versus chance, and related issues implicated by “social casino” games.

  • Our practice chair is a leading expert in these matters, ranked by both Chambers USA and Chambers Global in gaming and gambling.