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  • Jesse M. Brody
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Jesse M. Brody

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Partner

Advertising, Marketing and Media
Contact
  • jbrody@manatt.com
  • Phone: 310.312.4173
  • Download vCard
  • Los Angeles
Bar Admissions
  • California
Education
  • Loyola Law School, J.D., 2004

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

Services
  • Advertising, Marketing and Media
  • Consumer Protection
  • Fintech
  • Intellectual Property Protection and Enforcement
  • Manatt for Entrepreneurs
  • Privacy and Data Security
  • TCPA Compliance and Class Action Defense
  • Unmanned Aircraft
Industries
  • Consumer Financial Services
  • Games and Esports
  • Manatt Digital and Technology
  • Manatt Financial Services
  • Manatt Retail and Consumer Products
  • Metaverse

Show Full Bio

  • Profile
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Recognized by The Legal 500 for giving “timely, responsive and business-oriented advice,” Jesse Brody focuses on ensuring legal compliance for companies in the technology, entertainment, advertising, retail, financial services, automotive and consumer products industries.

Jesse’s practice primarily focuses on advertising and marketing, privacy, e-commerce, and intellectual property matters. He has extensive experience advising national and international consumer brands, agencies, content creators, and publishers on privacy and marketing regulatory compliance, the protection and commercialization of their creative properties, and litigation risk avoidance in connection with the use of emerging technologies.

Jesse regularly negotiates contracts for clients entering the metaverse and establishing their place in the Web3 ecosystem and provides strategic counseling on various cutting-edge issues in digital marketing—such as native advertising, endorsements and testimonials, and behavioral advertising. He also assists clients with implementation of NFTs, customer loyalty programs and gift card compliance.

Additionally, Jesse helps clients bring their traditional and digital advertising campaigns from concept to execution. He drafts and negotiates agreements for advertising and marketing campaigns, including for clients who engage advertising- and media-buying agencies—or talent or spokespersons—or are involved in sponsorship, product placement and product integration. He also drafts and negotiates software licenses, cloud and anything-as-a-service agreements, and other e-commerce and technology agreements.

Certified by the International Association of Privacy Professionals, Jesse counsels clients on privacy and data security matters, especially regarding the collection of consumer data, data-sharing arrangements and ensuring that companies’ data collection practices are consistent with their policies.

Jesse advises companies on all aspects of legal compliance for national and international sweepstakes; skill contests; and trade, charitable, reality television and other promotions (including drafting official rules and winner affidavits, reviewing ad copy, and handling applicable state registrations and bonding).

To ensure compliance with applicable laws, Jesse conducts website and mobile app reviews and drafts privacy policies and terms of use. He also counsels clients on the legal aspects of social media and user-generated content submission campaigns (including ways to take advantage of the unique protections afforded by the Communications Decency Act and the Digital Millennium Copyright Act).

In addition, Jesse advises clients who market products and services to children, including on compliance with the Children’s Online Privacy Protection Act and with Children’s Advertising Review Unit guidelines.

Speaking Engagements

Speaking Engagements

Speaker, “Sweepstakes and Contests In-Depth: What’s Trending & The Legal Ramifications,” Orange County Bar Association, Orange County, CA, September 27, 2022.

Speaker, “Sweepstakes and Contests In-depth: What’s Trending & the Legal Ramifications,” Warner Bros. Legal Department, Los Angeles, CA, June 6, 2016.

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.

Honors & Awards

Honors & Awards

The Legal 500 United States’ Leading Lawyer for Media, Technology and Telecoms - Advertising and Marketing: Transactional, 2022

Chambers USA Top-Ranked Attorney, Advertising: Transactional & Regulatory—Nationwide, 2018–2022

Southern California Super Lawyers, "Rising Stars," 2009–2011 and 2013–2018

Memberships

Memberships

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)

Publications

Publications

Author, “Did You Offer a Sweepstakes Prize? Time to Review the Official Rules,” Bloomberg Law, April 21, 2020.

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, "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.

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.

Jesse in the News

  • 01.03.23

    Manatt Advances 19 Legal and Consulting Professionals Across ...

    Manatt, Phelps & Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today the advancement of 19 professionals, ...

  • 06.08.22

    Manatt Recognized Again as a Leading Law Firm by The Legal 500 in ...

    Manatt has once again been recognized as one of the country’s top law firms in The Legal 500 United States 2022 guide, which highlights ...

  • 06.01.22

    Manatt Receives Top Band Rankings in Chambers USA 2022

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2022 USA Guide. The Firm and its professionals were ...

  • 05.20.21

    Manatt Receives Top Band Rankings in Chambers USA 2021

    Manatt has once again been ranked among the nation’s leading law firms in Chambers’ 2021 USA Guide.

Show More

Jesse's Articles

  • 08.03.17

    Copyright Suit Requires Fair Use Analysis

    By Jesse M. Brody, Partner, Advertising, Marketing and Media A fair use analysis is required before a copyright suit against ...



  • 07.27.17

    Photographer's Copyright Suit Gets Mixed Results

    A New York federal court judge handed a photographer a mixed result when it dismissed her copyright infringement claim but allowed her Digital ...



  • 06.01.17

    Court Looks to Ink Decision in Tattoo Copyright Dispute

    By Jesse M. Brody, Partner, Advertising, Marketing and Media The question of whether infringement occurs if a copyrighted tattoo is ...



  • 02.17.16

    Navigating Native: A Checklist of Compliance Steps for Ensuring ...

    At its root, native advertising was designed to be the solution to a problem that had plagued content platforms and brands looking to advertise ...



Show More


Jesse's Newsletters

  • 08.02.21

    The Poster Child for Compliance: CARU Updates Its Advertising ...

    In its first major update since 2014, the BBB National Programs’ Children’s Advertising Review Unit (CARU) announced on July 29, 2021, ...

  • 01.27.21

    It’s Not COPPA-cated: CARU Determines VSCO Mobile App Not Directed ...

    On January 21, the Children’s Advertising Review Unit announced a social media and photo editor app that has become well known to teens and ...

  • 10.14.20

    No Discord Here: CARU Determines Social Media Platform Complies With ...

    On October 6, the Children’s Advertising Review Unit (CARU) announced its finding that Discord, a social media platform that provides text, ...

  • 09.23.20

    NAD Brings New Kind of Dance ‘Challenge’: TikTok Video-Sharing Tools ...

    While controversy swirls as to whether the social media platform TikTok will be banned from the U.S., a recent National Advertising Division (NAD) ...

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Jesse's Events and Webinars

  • 09.27.22

    Brody to Speak on Sweepstakes and Contests at OCBA Webinar

    Manatt Advertising, Marketing and Media Partner Jesse Brody will speak in a webinar session titled “Sweepstakes and Contests In-Depth: ...



  • 06.30.22

    Episode 19: A Closer Look at the Proposed Amendments to the FTC ...

    With the evolving use of social media and consumer and product reviews in marketing, the Federal Trade Commission (FTC) has proposed ...



  • 12.29.21

    Episode 15: Reflections on 2021 and a Look Ahead at 2022

    Perfect Balance has covered a variety of top issues and opportunities facing advertisers and marketers in 2021, including loyalty ...



  • 09.30.21

    Episode 12: Special Mailbag Episode – Perfect Balance’s One-Year ...

    This past year, the Perfect Balance: An Advertising Law Podcast has covered a wide range of topics—from issues related to COVID-19 ...



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