With intensified scrutiny from regulators, competitors, and consumers, we help marketers launch compliant campaigns, defend their market position, and resolve disputes quickly. We combine pre-launch clearance, practical compliance tools, and seasoned advocacy to reduce risk and defend campaigns when they are challenged.
Compliance & Regulatory Counseling
We work across the full spectrum of advertising compliance matters. Our team develops and implements substantiation and disclosure strategies for national campaigns, social and influencer marketing, native and user-generated content, email and SMS marketing, and loyalty and referral programs. We structure promotions—such as sweepstakes, contests, and charitable or cause-related marketing—so they are compliant, on-brand, and operationally workable across jurisdictions and platforms.
Digital Advertising & Privacy Compliance
We meet clients where data and advertising converge. Targeted advertising and measurement require a privacy-by-design approach. We help align ad tech stacks, cross-site tracking, and audience building with evolving privacy requirements and platform policies, including protections for children and teens and considerations for sensitive data. Our integrated privacy and advertising teams ensure your creative and channel decisions are supported by strong legal guardrails and defensible program documentation.
Name, Image, and Likeness (NIL) & Influencer Marketing
We help clients use endorsements and influence responsibly. From NIL deals and celebrity sponsorships to creator content and product seeding, we structure agreements, set practical disclosure protocols, and monitor execution to reduce the risk of challenges.
AI in Advertising
As AI shapes how creative is made, audiences are reached, and performance is measured, we help brands use it confidently by pairing innovation with practical guardrails. We advise on AI-driven advertising-including virtual endorsers, synthetic media, and automated content-and help establish governance frameworks that align with regulatory and platform expectations.
Advertising Disputes & Litigation
When disputes arise, we protect your position and your brand. We prosecute and defend competitor false advertising claims and related unfair competition and trademark issues in federal and state courts. We routinely handle challenges and defenses before the National Advertising Division (NAD), advising on whether to bring or resolve a case and on the choice among filing tracks for speed or complexity. We manage regulatory inquiries and investigations, prepare responses, and negotiate resolutions with federal and state authorities. Where class actions or aggregate consumer claims develop, we build strategies that address both litigation exposure and operational risk, coordinating public, platform, and customer communications.
Industries We Serve
Our advertising law experience spans diverse sectors, including consumer products, retail, healthcare, technology, financial services, sports and entertainment, e-commerce, and professional services. We work with businesses of all sizes—from emerging companies launching their first marketing campaigns to established corporations managing complex, multi-channel advertising strategies.
A Multidisciplinary Approach
Advertising law sits at the crossroads of trademark, copyright, privacy, consumer protection, and litigation. Our integrated approach means you get the right experience for the question at hand—from a pre-launch clearance to a platform takedown to a multi-jurisdiction dispute—with business-focused guidance and the urgency your timelines demand.
National Recognition
Our intellectual property attorneys have earned recognition in the World Trademark Review 1000, Managing Intellectual Property’s IP Stars, and Best Lawyers in America. This national recognition reflects our commitment to excellence in protecting clients’ brands and navigating the complexities of advertising law.
Contact Us
Whether you need guidance on influencer marketing disclosures, defense against false advertising claims, or strategic counsel on advertising compliance, Ward and Smith’s team is ready to help. Contact our Advertising Law attorneys to discuss how we can support your business.
