• Jesse M. Brody

    Partner
    Advertising, Marketing & Media
    jbrody@manatt.com
    Download Contact (.vcf)

    Los Angeles
    Direct: 310.312.4173
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    Loyola Law School, J.D., 2004.

    University of Arizona, B.S., Business Administration, 2000.

    Bar Admissions

    State of California

    U.S. District Court, Central District of California

    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Jesse Brody is a partner in the Advertising, Marketing & Media practice and resident in the firm's Los Angeles office. His practice focuses on legal and regulatory issues impacting the areas of entertainment, technology, advertising and privacy. Mr. Brody's experience includes advising with respect to traditional television and film, advertising, interactive games and new media matters, such as privacy policies, terms of use, user-generated content, social networks, downloadable software and commercial text messages. Additionally, he regularly assists clients with bringing their traditional and digital advertising and promotional campaigns from concept to execution. Mr. Brody's exceptional client service has been recognized by The Legal 500 United States, one of the leading legal referral publications, in which clients commended him for his "timely, responsive and business-oriented advice."

    Promotions - Mr. Brody advises clients on all aspects of legal compliance for national and local sweepstakes, skill contests, trade, charitable, reality television and other promotions. His experience includes drafting official rules, reviewing and advising on advertising copy, handling applicable state registrations and drafting winner affidavits and participant releases.

    Advertising - Mr. Brody represents clients in connection with co-promotion arrangements, strategic alliances, sponsorship deals and product placement, and integration arrangements. Mr. Brody also assists with structuring customer loyalty and incentive programs and advises on gift card compliance. Mr. Brody's advertising experience includes conducting legal reviews of campaigns and counseling clients on claim substantiation, sales frequency and pricing issues. He drafts and negotiates all agreements affecting advertising and marketing campaigns, including ad, promotion, PR agency and special event planner agreements, media buying/planning agreements, branded entertainment agreements and talent and spokesperson deals.

    Privacy - Mr. Brody is a Certified Information Privacy Professional (accredited by the International Association of Privacy Professionals) and advises clients on a wide range of privacy issues, particularly with respect to the collection of consumer data. Mr. Brody's work includes conducting Web site reviews for compliance with state and federal laws and drafting privacy policies, terms of use, end-user license agreements and user codes of conduct. He provides strategic compliance counseling in digital marketing and data privacy on cutting-edge issues, such as mobile privacy, Big Data, Do Not Track and behavioral advertising. Mr. Brody also advises clients who market to children regarding compliance with the Children's Online Privacy Protection Act (COPPA) and the Children's Advertising Review Unit (CARU) guidelines. 

    Technology/Intellectual Property - With a strong background in intellectual property, Mr. Brody has been called upon to handle related transactional matters in the technology and entertainment industries, as well as advise on traditional intellectual property issues, including copyrights, trademarks, right of publicity, privacy and trade secrets. He negotiates and drafts software and technology platform licenses, Web site development and hosting agreements, and other e-commerce and technology transaction agreements. He drafts and negotiates character, trademark, music, photo and clip licensing agreements, as well as performs copyright and trademark clearance of scripts, storyboards, advertising copy and programming. Mr. Brody also handles agreements with a wide variety of intellectual property transactions, such as work-for-hire agreements, invention rights assignment agreements, and licensing agreements.

    Digital Media - Mr. Brody counsels clients on the legal aspects of social networking and user-generated-content Web sites, including advising on the unique protections afforded by the Communications Decency Act and the Digital Millennium Copyright Act. He also advises on email and mobile marketing initiatives, including viral marketing campaigns and applications for wireless devices.

    Gaming - In the area of gaming, Mr. Brody has represented interactive game developers and publishers in connection with development, distribution and in-game advertising arrangements.

    Representative Matters

    Honors & Awards

    Southern California Super Lawyers, “Rising Stars,” 2009-2011 and 2013-2014.

    Publications

    Author, “Does Your Privacy Policy Need an Update?” Response Magazine, August 5, 2014.

    Author, “Top 10 Privacy Considerations for Digital Marketing Campaigns,” Bloomberg BNA’s Privacy and Security Law Report, June 9, 2014.

    Author, “Facebook Contests: You Still May Want an App For That,” Law360, September 4, 2013.

    Author, “5 Tips for Crafting Ads That Pass FTC Muster,” Law360, August 30, 2013.

    Coauthor, “Safeguarding Brand Reputation in Social Media,” Corporate Counsel, June 18, 2013.

    Coauthor, “Is Your Contest Illegal? 33 Important Considerations for Contests and Sweepstakes,” Target Marketing, May 8, 2013.

    Coauthor, “FTC’s New Online Ad Guidance: Takeaways for Advertisers,” Law360, March 21, 2013.

    Coauthor, “‘It’s a Party in the U.S. and U.K.’: Legal Considerations When Offering a Cross-Border Digital Promotion,” BNA Bloomberg Electronic Commerce & Law Report, March 5, 2013.

    Coauthor, “10 Things You Can Do When Advertising & Selling In The Digital Age To Stay On The Right Side Of The Law And Maintain Consumer Goodwill,” Entertainment & Intellectual Property Law Journal, Volume 2, Number 1, February 2012.

    Coauthor, “Right-of-Publicity Claims and Advertiser-Sponsored User-Generated-Content Campaigns Limitations of CDA Immunity and the Risk of Claims,” e-Commerce Law & Strategy, January 2012.

    Coauthor, “Deal! Deal-or-No-Deal California Text Sweepstakes Lawsuit Settles,” e-Commerce Law & Strategy, November 2011.

    Coauthor, “Let’s Get This Promotion Started,” AMEC M/E Insights, Winter 2009-2010.

    Coauthor, “Spamalot No More – The Federal Trade Commission Has Issued Its Final Rule on CAN-SPAM,” Marketing Management, September/October 2008.

    Memberships & Activities

    Admitted to practice in the state of California and in the U.S. District Court, Central District of California.

    Member, International Association of Privacy Professionals (IAPP).

    Law Firm Advisory Board Member, Association of Media and Entertainment Counsel (AMEC).

    Member, Syllabus Committee, USC Institute on Entertainment and Business Law.

    Speaking Engagements

    Speaker, “Digilaw Trends: What You Need to Know About Internet, Mobile and Social Media,” Sony Entertainment Legal Department, Los Angeles, California, September 9, 2013.

    Panelist, “Consumer Protection Update,” ABA Section of Antitrust Law: Consumer Protection, Private Advertising Litigation, Privacy and Information Security and Corporate Counseling Committees, teleseminar, June 12, 2013.

    Speaker, “Using Online and Mobile for Branding, Distribution, Selling and Promotion,” Digital Salon, Chicago, Illinois, November 12, 2012.

    Speaker, “Practical Tips in Advertising/Marketing Law: What You Need to Know,” Association of Corporate Counsel CLE, Chicago, Illinois, October 30, 2012.

    Speaker, “Digital and Privacy Law Hot Topics on the Horizon for 2012: Security, Promotions and Behavioral Advertising,” OWN: Oprah Winfrey Network Legal Department, Los Angeles, California, December 1, 2011.

    Speaker, “Approaching Web and Mobile 3.0: The Practical Evolution of a Digital Marketing Campaign,” webinar presented to TVOne, LLC, Los Angeles, California, January 10, 2011.

    Speaker, “Basic Legal Considerations in Music Licensing,” Scion Music(less) Music Conference, June 18, 2010.

    Speaker, “Evolving Media Marketing Issues,” Fox Group Legal Department, Los Angeles, California, June 11, 2010.

    Speaker, “Hot and Emerging Legal Issues,” Mattel, Inc., in-house clinical for Legal Department, El Segundo, California, August 21, 2008.

    Speaker, “Web 2.0: Social Networking, User-Generated Content and Digital Advertising – Evolving Legal Issues,” The Walt Disney Company, Glendale, California, January 28, 2008.