Jesse Brody

Advertising and Privacy

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People call me the king of contests, the sultan of sweepstakes and the prince of promotions based on my experience in promotional law. Follow me on Twitter at @LegalSweeprStar and check out my latest articles on emerging issues in advertising here.

Professional Background

Across multiple spheres of service, I focus on ensuring legal compliance for startup companies in the entertainment, technology, advertising, financial services and consumer products industries. I help you take your vision from concept to execution and growth by establishing sound privacy programs, executing traditional and digital advertising campaigns, running sweepstakes and contests, announcing promotions, and building a customer base through loyalty programs.

Certified by the International Association of Privacy Professionals, I counsel 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. I draft privacy policies and terms of use and provide strategic advice on cutting-edge issues in digital marketing and data privacy, including native advertising, endorsements and testimonials, behavioral advertising, Do Not Track, and the Internet of Things.

When the time comes to pitch a company’s services to consumers, I draft and negotiate agreements for advertising campaigns, assist with structuring customer loyalty and gift card programs, conduct website and mobile app reviews, and provide compliance advice on marketing to children.

Representative Experience With Emerging Companies

  • Shimmur, Inc. (dba Community), a first-of-its-kind text marketing platform for celebrities, with drafting its terms of use and privacy policy and providing TCPA advice and other advertising and promotions advice.      
  • Unqualified Media, a podcast company founded by Anna Faris and her longtime friend and co-host Sim Sarna, with advice on website terms of use and privacy policy.
  • Studio71, a fast-growing global media company for creators, with updates to its social influencer policy and the development of a monitoring policy to comply with the latest FTC guidance.
  • Soylent, a leading brand of meal replacement products, with claim substantiation for various ads, master service agreements, native ad compliance, data security vulnerability, influence and talent agreements, and commercial co-venture compliance.  
  • PopSugar, an independent media and technology company for women, with negotiations for a merchandise license agreement, right of publicity questions, Lanham Act compliance advice, an exclusive merchandise license agreement, native advertising disclosures, and advice related to the online sale of political advertising.
  • ID Agency, a progressive digital and traditional marketing and branding company, with the launch of its ENEOS x SuperStreet SEMA and Hot Wheels Legends Tour contests.
  • Snapchat, the photo-sharing app, regarding e-commerce legal compliance for in-app sales of goods such as its Spectacles, which are wearable smart glasses that record footage from the wearer’s point of view.
  • Evite, a social-planning website for creating, sending and managing online invitations, in providing behavioral advertising compliance advice in connection with a relationship with LiveRamp. LiveRamp performs mobile tracking and uses cookies to serve targeted ads in a live environment.

Area of Focus

  • Digital media/entertainment
  • Advertising
  • Privacy

My Advice to Entrepreneurs
  1. Don’t steal your competitor’s privacy policy and terms of use. It can get you in big trouble with the FTC and state regulators.
  2. If you hire influencers to promote your company, remember there are disclosure requirements they are required to make when they promote your company. Your agreements with them need to cover these disclosure requirements, and you need to monitor the influencers to make sure they are making the required disclosures.
  3. Before marketing to customers, make sure you have the proper permissions required by applicable laws based on your planned methods of marketing. A quick review of your marketing plans by a lawyer experienced in advertising law can save you a lot of headaches down the road.