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An Intellectual Property Law, Advertising Law, and Marketing Law Blog for Creative People

Agency-Client Relationships

Why Success in Your Marketing Agency Isn’t All About Numbers

[smart_track_player url=”http://traffic.libsyn.com/innovativeagency/120-20Tim20Williams_2.mp3″ title=”1: Why Success Isn’t All About Numbers” ] Ask 100 agencies how they measure success, and odds are you’re going to hear some iteration of the same thing. It will involve revenue, profits vs. losses, time, resources, and any number of other things that might show up on a financial report or a […]

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False advertising fact or fake
Ad and Marketing Regulations Agency-Client Relationships Influencer Marketing

False Advertising: What is it, and How Does Our Agency Avoid It?

True or false? Anyone involved in the advertising process can be held liable under most regulations and statutes that govern false advertising. Oh. so. true. The advertiser, the Agency, and anyone else involved who knowingly, or sometimes negligently, fails to follow the rules, is on the hook. In addition to traditional and digital advertising, when

False Advertising: What is it, and How Does Our Agency Avoid It? Read Post »

agency client lawsuits
Ad and Marketing Regulations Agency-Client Relationships

Whose Lawsuit Is It, Anyway? 5 Ways Your Agency Can Get Sued Along With Your Client

Isn’t it tough enough worrying about the everyday risks of running your agency? From your people-centered issues, to new business protection, contracts, and all-things-compliance, your liabilities are considerable and worthy of regular review. But did you know that the lifeblood of your agency, your own clients, can end up in hot water and take you along for the ride

Whose Lawsuit Is It, Anyway? 5 Ways Your Agency Can Get Sued Along With Your Client Read Post »

marketing legal and creative be prepared
Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law Social Media Law Trademark Law

When Things Fall Down: Your Agency’s “Fast Action” Plan for Common Marketing Legal Emergencies

When legal issues confront your agency it feels personal. It hits home. It puts your people, your work and your reputation in the balance. This is the world I live in with my agency clients and it’s more common than you might think. Even if a legal emergency (definition: something’s gone bad, and you need to

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InfluencerMarketingCompliance
Ad and Marketing Regulations Agency-Client Relationships Content Marketing Law Influencer Marketing Social Media Law

Marketing Under the Influence: Understanding the Legal Implications

Marketers may have been uncertain about the regulatory environment at the beginning of a new administration in Washington; but it’s become clear that the FTC remains actively focused on issues of transparency and disclosure in influence marketing tactics. I know firsthand from my work with marketing agencies that nobody wins when “legal” puts the halt

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marketing agency legal puzzle
Agency-Client Relationships Agency-Freelancer Relationships Copyright Law General Trademark Law

Agency Marketing Strategies That Help Clients Win and Keep Lawyers Happy

Whether on behalf of the clients you serve, or your own agency efforts, the more sophisticated marketing strategies become, the more legal risks you’ll face in your agency. After providing legal counsel to marketing agencies for 15 years, I’ve seen lots of examples of marketing campaigns “unraveled” in all areas or at all stages of

Agency Marketing Strategies That Help Clients Win and Keep Lawyers Happy Read Post »

toerek inbound 2017
Speaking and Agency Training

Sharon Toerek to Present at INBOUND 2017: Keep Marketing Safe and Lawyers Away

CLEVELAND – Sept. 19, 2017 – Sharon L. Toerek, intellectual property and marketing law attorney, and founder of Toerek Law, will present, “Keep Marketing Safe: How to Design A Marketing Strategy That Keeps Lawyers Away,” at INBOUND 2017, 1 p.m., Tuesday, Sept. 26. In this session, designed for marketing agencies, attendees will learn the rules marketers need to

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marketing agency new business mistake
Agency-Client Relationships

The 5 Legal Mistakes You’re Making in Agency New Business – and How to Fix Them

The agency new business process is, for most agencies, exciting and stressful at the same time. While your team is focused on the thrill of a potential “win,” and what that could mean for the agency’s fortunes, it’s probably equally under stress about meeting deadlines, putting forth your best efforts for the prospect, and keeping

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Content Marketing Law Social Media Law

Three Rising Legal Risks in Content Marketing and Social Media for Agencies

Has one of your clients received a “friendly” letter from the FTC lately inquiring about its disclosure and transparency practices in influencer marketing? “Operation Full Disclosure, Part 2,” a correspondence campaign that began circulating in March, appears in full swing, and it’s a not-so-subtle education effort by the FTC to ensure brands (and their agencies)

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Closer look at IP
Copyright Law Trademark Law

Intellectual Property: Why Your Marketing Agency Should Take a Closer Look

Although a significant part of my marketing law practice involves helping marketing agencies protect their interests in client contracts or in freelance relationships, or counseling them how to protect their clients, most agencies don’t realize the full financial and business potential of leveraging their own intellectual property in these transactions. I’ll say it simply: some of

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