Advertising Sweepstakes and Contests in Social Media

Deborah Lodge is a Partner in the Patton Boggs Business Law and TechComm groups, where she focuses on e-commerce and “soft” IP legal issues. With her legal experience and practical business perspective, Ms. Lodge helps clients achieve their strategic goals while complying with legal regulations governing promotions, advertising and e-commerce. She also advises clients on trademark and IP portfolio development and commercialization.

Ms. Lodge has counseled clients for many years about the legal aspects of promotions and marketing, including sweepstakes, contests, user-generated content, and online programs, as well as traditional advertising and UDAAP issues. Among her related practice areas are consumer privacy, data security, social media, domain name, and e-commerce issues. She represents clients in proceedings and investigations brought by the FTC, FDIC, CFPB, and other consumer protection agencies, as well as in trademark and copyright infringement litigation in federal courts.

In her multi-jurisdictional gaming practice, Kate navigates complex issues in connection with mergers and acquisitions, restructurings, reorganizations, financings, Internet gaming, sweepstakes, contests and promotions for gaming companies across the nation. Kate represents clients before regulatory agencies, including the Nevada State Gaming Control Board and Nevada Gaming Commission. Kate is an active member of the International Association of Gaming Advisors and International Masters of Gaming Law and has presented at numerous conferences and gaming seminars. In 2012 Kate was named a Rising Star by Super Lawyers, Mountain States and a Top Southern Nevada Legal Elite by Nevada Business Magazine.

Jason Howell is a member of Perkins Coie LLP’s Advertising, Marketing & Promotions and Trademark & Copyright practices. He focuses on advertising, promotion, consumer protection, media, and intellectual property law issues, and counsels businesses ranging from start-ups to Fortune 500 companies in a variety of fields including entertainment, food and beverage, gaming, Internet, medical devices, advertising, and retail. Jason has extensive experience in advising businesses on how to structure contests, sweepstakes, and related games, as well as drafting contest and sweepstakes rules and advertising and promotion-related agreements. Jason also regularly counsels his clients on false advertising, claim substantiation, IP infringement, and right of publicity issues.

Behnam Dayanim is a partner in the Washington, DC, office of Paul Hastings, where he chairs the firm’s Advertising, Marketing and Promotions practice. Mr. Dayanim regularly counsels clients on the applicability of state and federal gaming and advertising laws to their activities and represents them in litigations and government investigations. His gaming-related work focuses on internet gaming and emerging forms of social and mobile gaming, and his expertise in advertising and marketing matters includes the Lanham Act, the Telephone Consumer Protection Act, Telemarketing Sales Rule, CAN-SPAM and both FTC and state enforcement of deceptive and unfair trade practices laws.

Robert J. deBrauwere is co-chair of Pryor Cashman’s Digital Media Practice Group. Mr. deBrauwere has spent nearly two decades at the forefront of intellectual property and compliance law as relates to digital advertising, online publishing, video gaming, social media, entertainment, licensing and promotions (including sweepstakes, contests and giveaways). He is frequently called upon by the press to comment on digital media and intellectual property topics, and to educate attorneys, insurance underwriters, and law school students on current issues in digital media, unfair competition, trademark law, and social media compliance.

David Leichtman is a partner in the trial practice of the New York office of Robins, Kaplan, Miller &amp; Ciresi L.L.P. He founded the New York office of the firm in 2010 with two other partners in order to expand the firm’s national trial practice and capabilities. <p></p>
<p>            David has tried a variety of complex matters in federal and state courts around the country. The types of matters he handles include patent, copyright, trade secret and trademark cases, as well as other kinds of business litigation involving antitrust, contract, fraud, and other business torts. Among other things, he has represented Publishers Clearing House, including the defense of individual and class action consumer protection actions and government enforcement actions relating to the promotion of its sweepstakes programs. He has significant experience in a variety of industries including: media, entertainment and information; consumer electronics; life sciences, and the retail sector. His work also involves monetization of IP portfolios.</p>