Consumer Technologies and Retail

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

Consumer Technologies and Retail

FTC Issues Notice of Penalty Offenses for Endorsement and Testimonial Marketing

Fenwick helps major brands, retailers and consumer-facing technology companies navigate the novel legal, business and regulatory challenges they encounter as they seek to provide ever more immersive, interactive and seamless experiences to consumers. Our interdisciplinary teams of attorneys serve as strategic business and legal advisors to clients at all stages of development, from promising startup to multinational leader. We have experience across fashion, beauty, retail and the consumer space on matters involving everything from interactive technology products and virtual reality-enabled retail experiences to e-commerce functionality and seamless payment solutions.

Some of the world’s best-known brands—among them Amazon, Boxed, Bonobos, Roku, Peloton, Naadam, Jet, Nike, Goat, Adore Me, VF Corporation and LG—rely on Fenwick for forward-looking, practical and actionable advice.

Why Fenwick?

Fenwick’s lawyers have collectively brokered hundreds of transactions that help clients develop, distribute and promote innovative products and services. We partner with startups to provide insights during the development of core technology platform/SAAS solutions and with multinational companies to help protect and enforce their intellectual property and related rights. We guide clients through regulatory concerns related to money transmission, through complex e-commerce transactions and technologies involving Artificial Intelligence (AR) and Virtual Reality (VR).

Chambers USA recognizes Fenwick’s ability to help new ideas become successful business ventures by consistently ranking our startup and emerging company practice as Band 1 and regularly recognizes our technology transactions practice as Band 1 for our work guiding companies through pivotal transactions and deals.

Our menu of services includes:

  • Advertising and sponsorship agreements
  • Behavioral targeting and privacy counseling
  • Brand protection and counseling
  • Co-marketing agreements
  • FTC endorsement and testimonial guidance
  • Inbound content and brand licenses
  • Influencer marketing and talent arrangements
  • Intellectual property counseling and litigation
  • Joint venture agreements
  • Manufacturing, development and supply chain agreements
  • Media buying and programmatic media transactions
  • Mergers, acquisitions and strategic alliances
  • Native advertising guidance
  • Payment systems
  • Privacy and cybersecurity issues
  • Regulatory issues
  • Rights of publicity counseling
  • Sweepstakes, contests and promotions
  • Tax guidance
  • Venture capital services

We assist clients with disruptive technologies, including:

  • Artificial Intelligence (AI)
  • Augmented Reality/Virtual Reality (AR/VR)
  • Blockchain and Distributed Ledger Technology (DLT)
  • Chatbots
  • Digital assistants
  • Ecommerce
  • Fashion technologies
  • IoT and connected devices (toys, televisions, appliances)
  • Marketplaces and the sharing economy

Andrew Klungness

合伙律师, 知识产权 - Intellectual Property
Santa Monica

Mark Ostrau

合伙律师, 反垄断和贸易监管 - Antitrust and Trade Regulation
Mountain View

Kris S. Withrow

合伙律师, 公司业务 - Corporate
Mountain View

Jennifer Stanley

合伙律师, 知识产权 - Intellectual Property
San Francisco

Mark C. Stevens

合伙律师, 公司业务 - Corporate
Mountain View | New York

Ken S. Myers

合伙律师, 公司业务 - Corporate
New York