Advertising, Marketing & Promotions
Ms. Fitzpatrick counsels clients on new media issues, including with respect to social media, influencer marketing, native advertising and other emerging media. She develops clients’ influencer and social media policies and reviews their social media campaigns to ensure compliance with the Federal Trade Commission’s Endorsement Guides. Ms. Fitzpatrick also speaks about and advises clients on all aspects of children’s advertising and privacy, including compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines (CARU) and the Children’s Online Privacy Protection Act (COPPA). She has represented clients in proceedings before CARU, the National Advertising Division and in state regulatory investigations.
Additionally, Ms. Fitzpatrick has significant experience in sweepstakes, complex skill contests, rebates, loyalty programs, premiums, coupons and other promotions, including on Facebook, Twitter, Instagram, Pinterest, Snapchat, TikTok and YouTube.
Ms. Fitzpatrick regularly counsels clients on price advertising, claim substantiation, email marketing, and negative option marketing, in addition to intellectual property matters involving copyright, trademark, right of privacy and publicity. She also drafts and negotiates a variety of agreements, including agency-client agreements, talent agreements, sponsorship and production agreements.