Whether you are just forming your business or have a long-established company, advertising and marketing are foundational to the success and sustainability of your business. The team at Carr McClellan will help clients create marketing and advertising strategies that comply with federal, state, and local laws and will help you identify any potential regulatory obstacles. Carr McClellan helps clients with all of their marketing channels, including telemarketing and text marketing, free trials and subscriptions, e-mail marketing, social media, and influencer advertising. Carr McClellan will also work with you to substantiate your advertising claims and evaluate your advertising content.

Carr McClellan attorneys also regularly review, draft and negotiate all kinds of marketing and promotion agreements and website documents, such as licensing agreements, influencer agreements, privacy policies and terms of use, data sharing agreements, master service agreements, and the like.

Marketing and advertising legal issues can be difficult to navigate when they arise. We can help you find workable solutions to any investigations or claims involving false advertising, consumer fraud, consumer credit, unfair business practices, social media-based advertising, data security breaches, and privacy matters.


Representative Matters

  • Advised eSports platform about business model and monetization options.
  • Advised gaming companies regarding influencer agreements and issues, revised agreements re same, provided trainings re same.
  • Negotiated and drafted influencer agreement on behalf of food and supplement company for multi-channel advertising campaign.
  • Negotiated and drafted data transfer agreement on behalf of food and supplement company for data sharing supporting advertising campaign.
  • Advised digital media and video game companies regarding virtual currency and monetization issues.
  • Negotiated acquisition of video game intellectual property assets for mobile game company and drafted agreements re same.


Truthful Ad Claims About Your Own Product Are Not Implied False Comparisons to Competing, Comparable Products