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The FTC Proposes the End of Non-Competition Clauses – What It Means for Your Agency

You have probably heard that non-competition clauses and non-competition agreements are becoming increasingly tough to enforce in many states. However, the Federal Trade Commission (“FTC”) recently proposed legislation that would make any non-competition agreement or clause completely unenforceable throughout the country. If this legislation were enacted, it would have widespread impacts. As this situation continues […]

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Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law Influencer Marketing Social Media Law Trademark Law

The Agency’s Legal Guide for TikTok Sounds

Agencies know that launching a brand campaign can be fast, exciting, and a tad chaotic. Adding influencers into the mix only makes things more complicated, and details can easily get lost along the way. It is no surprise, then, that agencies sometimes find themselves in hot water for unauthorized sounds being used in TikTok posts.

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Agency-Client Relationships Copyright Law Trademark Law

The IP Issues that Every Agency Encounters (Yes, Even Yours!)

Agencies are not only in the business of creating intellectual property (“IP”) assets for their clients, but they’ve got a number of their own IP assets they need to make sure they protect. Whether it’s your agency’s pitch materials, concepts, strategies, pre-existing art or proprietary technologies, these critical assets are the true currency of every

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Agency Management Agency-Client Relationships Trademark Law

The 5 Critical Legal Documents You Need To Run Your Marketing Agency

We’ve heard of every version of this story from marketing agency owners – legal is a “burden” for agencies. And we get it. Discussing issues like contracts, IP ownership and legal risk is probably the least entertaining aspect of running your agency’s business. But you do want to have an agency that’s built for the

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Copyright Law Trademark Law

You CAN’T Use That! What to do when a copyright claim happens to you…

All agencies are in the content creation business. Whether your agency focuses on marketing, advertising, communications, media, digital – or ALL OF IT – the primary way you deliver your benefit is with the creation of some kind of content. Copy, design, software, strategy, research results – all content. Wherever there’s content, there’s almost always

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Agency-Client Relationships Agency-Freelancer Relationships Trademark Law

New Year, Old Brand? Legal Tips for Your Rebrand or Refresh Project

If the turning of the decade has you (or an agency client) questioning the look or relevancy of your brand, perhaps you’ve made it your new year’s resolution to review, refresh or rebuild it from the inside out. Whether for your agency and your products, or in supporting your clients, there are key areas to

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Planning Legal Marketing
Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law Influencer Marketing Trademark Law

Where to Spend Your Agency’s Legal Focus and Dollars in 2019

The new year is well underway and with it the pressure of planning and prioritizing your agency’s needs for beyond Q1. Last year I shared the importance of a legal audit as your fundamental starting block. This year the same rings true and I’ve added a few additions to the mix, which are both timely and

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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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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

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