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 »
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 »
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
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
Marketing Under the Influence: Understanding the Legal Implications Read Post »
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 »
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
The 5 Legal Mistakes You’re Making in Agency New Business – and How to Fix Them Read Post »
Marketing agency leaders have lots of legal questions! Sometimes on the creative aspects of their work (like intellectual property and licensing issues), other times about rules and regulations they need to know (like for content marketing and social media compliance), and many times about their business relationships (clients, employees and independent contractors). Here I
Five Top Legal Hot Buttons Marketing Agency Leaders Need to Know…and How to Handle Them Read Post »
Your marketing agency just got a great new piece of business. Terrific news! The creative team is full of energy and ideas, the account service folks are ready to roll, and billings will start climbing soon. After there’s a contract signed, of course. Soon enough, there’s an email with your client’s standard (and very lengthy)
The 5 Things Every Marketing Agency Should Look for in the Client’s Contract Read Post »
It was the third or fourth call I received, from different Agency clients in the space of a few weeks, with questions about how to handle display rights for creative work. “Our freelance designer is displaying our Client’s work on her personal website! We didn’t give her permission to do it, and neither did our
3 Tips for Managing Portfolio Rights in Marketing Agency Creative Work Read Post »
I spend a lot of time reading, thinking and writing about how marketing agencies can capitalize on their intellectual property. I suppose it’s natural for an IP lawyer to get “preachy” about the importance of protecting intellectual capital, for clients in any industry. But I’ve always felt it was even more critical for creative businesses.
