Advertising, Marketing and Media
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Los Angeles Direct: 310.312.4173 General: 310.312.4000 Fax: 310.312.4224
Loyola Law School, J.D., 2004.
University of Arizona, B.S., Business Administration, 2000.
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, marketing services, PR agency and special event planner agreements, media buying/planning agreements, branded entertainment agreements and talent and spokesperson deals.
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 negotiating development, distribution and in-game advertising arrangements.
Co-author, "Navigating Native: A Checklist of Compliance Steps for Ensuring Proper Disclosures for Native Ads," Bloomberg BNA Electronic Commerce & Law Report, January 13, 2016.
Author, "FTC Signals Interest in Endorsements," Law360, June 4, 2015.
Co-author, "No Cause for Concern," American Marketing Association's Marketing News Magazine, May 2015 issue.
"Ten Actions for Effective Data Risk Management," The Cybersecurity Law Report, April 8, 2015.
Co-author, "The Next Big Thing: Enforcing Terms of Service in an Internet of Things World," Bloomberg BNA's Electric Commerce & Law Report, March 11, 2015.
Co-author, "A Lottery You Can't Lose, Sound Too Good to be True?" Credit Union Journal, February 6, 2015.
Co-author, ""Top Ten Privacy Issues for Promotional Marketing in the Digital Age," Chapter IV in Promotion and Law Marketing Book, Brand Activation Association, January 2015.
Co-author, "Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising," Cyberspace Lawyer, November 2014.
Author, "Terms and Conditions," Marketing News, November 2014.Coauthor, "Do We Need #consent? Navigating Legal Issues in the Twittersphere," Corporate Counsel, November 1, 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.
Co-author, "Safeguarding Brand Reputation in Social Media," Corporate Counsel, June 18, 2013.
Co-author, "Is Your Contest Illegal? 33 Important Considerations for Contests and Sweepstakes," Target Marketing, May 8, 2013.
Co-author, "FTC's New Online Ad Guidance: Takeaways for Advertisers," Law360, March 21, 2013.
Co-author, "'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.
Co-author, "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.
Co-author, "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.
Co-author, "Deal! Deal-or-No-Deal California Text Sweepstakes Lawsuit Settles," e-Commerce Law & Strategy, November 2011.
Co-author, "Let's Get This Promotion Started," AMEC M/E Insights, Winter 2009-2010.
Co-author, "Spamalot No More – The Federal Trade Commission Has Issued Its Final Rule on CAN-SPAM," Marketing Management, September/October 2008.
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.
Speaker, "Native and Video Goes Programmatic," 2015 Siemer Summit, Beverly Hills, CA, October 13, 2015.
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.
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