Advertising

Moses & Singer offers a unique perspective on the laws and practices affecting advertising agencies and their clients.  Within the Advertising Law Practice we have deep experience in:

  • Formation of new advertising agencies and subsidiaries
  • Mergers, sales and acquisitions of advertising agencies and related entities
  • Compensation, employment and labor issues affecting agency principals and staff
  • Negotiation of financing deals aimed at supporting the firm’s growth and operation while limiting liability
  • Representation on general corporate matters, real estate needs and personal needs of agency principals
  • Protection of intellectual property rights
  • Legal compliance affecting ad copy, promotions and endorsements
  • Talent contracts

We address the legal needs of a wide array of agencies focused on: advertising, public relations, branding and corporate identity, market research, investor relations, licensing and direct marketing. We also represent executives in entertainment and publishing and as well as creative individuals including: actors, writers, composers and musicians.

Answers on Laws Affecting Digital and Social Media

Moses & Singer attorneys have a detailed understanding of the business and legal issues involved in the effective integration of digital and social media into advertising and marketing strategies.  We assist clients in implementing digital marketing and social media initiatives, including through the use of innovative technologies and non-traditional approaches to the planning and buying of media. Our Intellectual Property practice further assists clients in licensing, monetizing and protecting copyrighted and trademarked material.

Building Consumer Promotions that Meet Business Goals

Our clients frequently call upon our Promotions Law attorneys for advice on making the most of promotions using coupons, rebates and discount offers, as well as games of chance and skill through conventional and online media.  In particular, we ensure that promotions comply with diverse regulations while meeting the clients’ business goals for sponsorships, endorsements, testimonials, branded content and product placement.

We also regularly advise clients on compliance with federal and state laws and governmental agency regulations as well as the practices of non-governmental bodies like the NAD and the standards and practices departments of broadcasters.

Solving Employment, Contractual and Litigation Matters

Moses & Singer represents clients with respect to agency/client contracts, executive employment agreements and compensation arrangements, talent contracts, purchase orders and agreements and ad copy clearance in all media. We utilize our knowledge of the advertising business to reduce the risk of future contract disputes and to secure contractual rights which are customary, reasonable, and lawful.

Like other businesses, advertising agencies and related businesses require advice and representation in various matters including: real estate leases, bank and other loans, domestic and foreign tax issues, litigation or other dispute resolution, employment law and employee benefits, securities law, and bankruptcy and creditors' rights. The principals of our ad agency clients also call upon us for advice and representation in their personal matters such as tax, estate planning, matrimonial, and residential real estate purchases and sales. Moses & Singer is equipped to handle virtually all matters where an ad agency or its principals may be involved.

For more information please contact us.

Prior results do not guarantee a similar outcome.

Representative Matters

Our advertising group counsels advertising agency clients on significant matters related to mergers, acquisitions, divestitures and financings. Examples of transactions handled by partners of the firm are the representation of:

Mergers, Sales & Acquisitions:

  • A founder of United Entertainment Group, an entertainment marketing company, in its formation along with United Talent Agency, Inc.
  • The owner of TargetCast in the sale of a majority interest therein to MDC Partners, Inc.
  • The owners of 72andSunny LP in the sale of a majority interest to a subsidiary of MDC Partners, Inc.
  • The owner of Laird + Partners in the sale of a majority interest to a subsidiary of MDC Partners, Inc.
  • The owners of W.B. Doner & Company in the sale of a significant interest to a subsidiary of MDC Partners, Inc.
  • The owner of Think 360 in its sale to Source Marketing, a subsidiary of MDC Partners, Inc.
  • The owners of RED Interactive Agency, LLC in the sale of a majority interest to a subsidiary of William Morris Endeavor Entertainment, LLC.
  • Kirshenbaum Bond & Partners, Inc. in the sale of a minority interest in Skinny NYC LLC to a subsidiary of MDC Partners Inc.
  • Integrated Media Solutions in the sale of its business and assets to MDC Partners, Inc.
  • Access Communications in the sale of its business to Ketchum.
  • Paul Wilmot Communications in the sale of its business to Fleishman-Hillard.
  • The principal shareholders of Schematic, Inc., an interactive agency, in its sale to WPP Group
  • The owners of LatinWorks in their acquisition of Cultura and the transfer of an interest in the combined entity to Omnicom.
  • The owners of Axis Healthcare Communications LLC to Huntsworth PLC.
  • ignite comm.net and Incendia Health, Inc. in the sale of their businesses and assets to inVentive Health, Inc.
  • The stockholders of Dorland Corporation in the sale of their shares of capital stock therein to Huntsworth plc.
  • The Leverage Group, Inc. in the sale of a majority interest in its marketing consulting business to MEDIAEDGE:cia, a subsidiary of WPP.
  • Eventive Marketing, Inc. in the sale of its business to the Omnicom Group.
  • The Luntz Research Companies, Inc. in the sale of a majority interest in its market research and communications business to Omnicom Group, Inc.
  • Cliff Freeman and Partners Inc. in the sale of a minority interest in its ad agency business to MDC Partners, Inc. and its subsequent re-acquisition of that interest.
  • Kirshenbaum Bond + Partners in the sale of a majority interest in its ad agency businesses to MDC Partners, Inc.
  • PainePR, Inc. in the sale of a majority interest in its public relations business to Cossette Communication Group Inc.
  • VitroRobertson in the sale of a majority interest in its ad agency business to MDC Partners, Inc.
  • Margeotes/Fertitta + Partners in the creation of its subsidiary Lafayette Productions Inc.
  • Peter Post in the sale of Post and Partners Inc. to Cossette Communication Group.
  • SicolaMartin in the sale of its ad agency business to Young & Rubicam, a subsidiary of WPP.
  • Future Source Communications, Inc. in its acquisition of a majority interest in Desgrippes Gobe Associates.
  • Margeotes/Fertitta + Partners in its acquisition of an interest in Chinnici Direct Inc.
  • Peter Post in his acquisition of 100% ownership of Emmerling Post, Inc.
  • Howard Steinberg in his acquisition of an interest in eSource Drive to Web Marketing LLC.
  • Margeotes/Fertitta + Partners in the sale of a majority interest in its ad agency business to MDC Communications, Inc.
  • The President of Jordan, McGrath, Case & Partners in the sale of that agency to Messner Vetere Berger McNamee Schmetterer/Euro RSCG.
  • Source Marketing, Inc. in the sale of a majority interest in its sales promotion agency business to MDC Communications, Inc.
  • Adler Boschetto Peebles & Partners, Inc. in its sale to the Interpublic Group of Companies.
  • Aegis Group/Carat in its acquisition of Media Buying Services.
  • Aegis Group/Carat in its acquisition of Media Marketing Assessment.
  • Aegis Group/Carat in its acquisition of Freeman Associates.
  • Aegis Group/Carat in its acquisition of Applied Information for Marketing.
  • Aegis Group/Carat in its acquisition of Westchester International Trading (media barter).
  • The management of McCaffrey & McCall in the purchase of their ad agency from, and its resale to, Saatchi & Saatchi.
  • RSCG in its purchase of Lally, McFarland & Pantello.
  • Margeotes/Fertitta + Partners in its recapitalization and refinancing by J.P. Morgan.
  • Needham Harper Worldwide in its merger with Doyle, Dane, Bernbach and their alliance with BBDO to form the Omnicom Group.
  • A major money center bank in financing the acquisition of assets of Anderson & Lembke.
  • The owners of Backer & Spielvogel in its sale to Saatchi & Saatchi.
  • The owners of Waring & LaRosa in its first sale to BBDO, and, later, the owners in the agency's subsequent sale to Young & Rubicam
  • The owners of The Rowland Company in its sale to Saatchi & Saatchi.
  • Doyle Dane Bernbach in its acquisition of Cargill, Wilson & Acree and the subsequent sale of the Charlotte office of Cargill, Wilson & Acree to its management.
  • Bates Advertising in the sale of its Dryden & Petisi sales promotion division.
  • WPP in a financing by General Electric Credit Corporation.
  • WPP in its acquisitions of J. Walter Thompson and Ogilvy & Mather.
  • Edward Eskandarian in his purchase of Arnold Advertising.
  • Ally & Gargano in its sale to MCA.
  • Benton & Bowles in its acquisition of Manning, Selvage & Lee.
  • Cossette Post Inc. in its acquisition of a majority interest in Thinking Sports, LLC.
  • The owners of Serino Coyne, Inc. in the sale of their ad agency to the Omnicom Group, Inc.
  • Frankfurt Balkind Communications, Inc. in the sale of its advertising and branding business to Hill, Holiday, Connors, Cosmopulos.
  • A Special Committee of The Board of Directors of dick clark productions, inc. in approving the merger of said corporation with DCPI Investco, Inc.

Financings

  • Kirshenbaum Bond + Partners with respect to their guaranty of the obligations of MDC Partners, Inc. under a financing agreement with Fortress Credit Corp. and Wells Fargo Foothill, Inc.
  • Ogilvy & Mather in a financing by Continental Bank.
  • Kirshenbaum & Bond with respect to their guaranty of the obligations of Maxxcom Inc. under a credit agreement with JPMorgan Chase.
  • WPP in the listing of its securities for sale in the United States.
  • McCaffrey & McCall in a loan from Chemical Bank.
  • Backer & Spielvogel in a loan from Marine Midland Bank.

Employment & Labor

  • Alex Bogusky in his employment arrangement with MDC Partners, Inc.
  • A group of key executives of Crispin Porter & Bogusky in their employment arrangements
  • Rob DeFlorio in his withdrawal from Mother.
Overview

Moses & Singer offers a unique perspective on the laws and practices affecting advertising agencies and their clients.  Within the Advertising Law Practice we have deep experience in:

  • Formation of new advertising agencies and subsidiaries
  • Mergers, sales and acquisitions of advertising agencies and related entities
  • Compensation, employment and labor issues affecting agency principals and staff
  • Negotiation of financing deals aimed at supporting the firm’s growth and operation while limiting liability
  • Representation on general corporate matters, real estate needs and personal needs of agency principals
  • Protection of intellectual property rights
  • Legal compliance affecting ad copy, promotions and endorsements
  • Talent contracts

We address the legal needs of a wide array of agencies focused on: advertising, public relations, branding and corporate identity, market research, investor relations, licensing and direct marketing. We also represent executives in entertainment and publishing and as well as creative individuals including: actors, writers, composers and musicians.

Answers on Laws Affecting Digital and Social Media

Moses & Singer attorneys have a detailed understanding of the business and legal issues involved in the effective integration of digital and social media into advertising and marketing strategies.  We assist clients in implementing digital marketing and social media initiatives, including through the use of innovative technologies and non-traditional approaches to the planning and buying of media. Our Intellectual Property practice further assists clients in licensing, monetizing and protecting copyrighted and trademarked material.

Building Consumer Promotions that Meet Business Goals

Our clients frequently call upon our Promotions Law attorneys for advice on making the most of promotions using coupons, rebates and discount offers, as well as games of chance and skill through conventional and online media.  In particular, we ensure that promotions comply with diverse regulations while meeting the clients’ business goals for sponsorships, endorsements, testimonials, branded content and product placement.

We also regularly advise clients on compliance with federal and state laws and governmental agency regulations as well as the practices of non-governmental bodies like the NAD and the standards and practices departments of broadcasters.

Solving Employment, Contractual and Litigation Matters

Moses & Singer represents clients with respect to agency/client contracts, executive employment agreements and compensation arrangements, talent contracts, purchase orders and agreements and ad copy clearance in all media. We utilize our knowledge of the advertising business to reduce the risk of future contract disputes and to secure contractual rights which are customary, reasonable, and lawful.

Like other businesses, advertising agencies and related businesses require advice and representation in various matters including: real estate leases, bank and other loans, domestic and foreign tax issues, litigation or other dispute resolution, employment law and employee benefits, securities law, and bankruptcy and creditors' rights. The principals of our ad agency clients also call upon us for advice and representation in their personal matters such as tax, estate planning, matrimonial, and residential real estate purchases and sales. Moses & Singer is equipped to handle virtually all matters where an ad agency or its principals may be involved.

For more information please contact us.

Prior results do not guarantee a similar outcome.

Representative Matters

Our advertising group counsels advertising agency clients on significant matters related to mergers, acquisitions, divestitures and financings. Examples of transactions handled by partners of the firm are the representation of:

Mergers, Sales & Acquisitions:

  • A founder of United Entertainment Group, an entertainment marketing company, in its formation along with United Talent Agency, Inc.
  • The owner of TargetCast in the sale of a majority interest therein to MDC Partners, Inc.
  • The owners of 72andSunny LP in the sale of a majority interest to a subsidiary of MDC Partners, Inc.
  • The owner of Laird + Partners in the sale of a majority interest to a subsidiary of MDC Partners, Inc.
  • The owners of W.B. Doner & Company in the sale of a significant interest to a subsidiary of MDC Partners, Inc.
  • The owner of Think 360 in its sale to Source Marketing, a subsidiary of MDC Partners, Inc.
  • The owners of RED Interactive Agency, LLC in the sale of a majority interest to a subsidiary of William Morris Endeavor Entertainment, LLC.
  • Kirshenbaum Bond & Partners, Inc. in the sale of a minority interest in Skinny NYC LLC to a subsidiary of MDC Partners Inc.
  • Integrated Media Solutions in the sale of its business and assets to MDC Partners, Inc.
  • Access Communications in the sale of its business to Ketchum.
  • Paul Wilmot Communications in the sale of its business to Fleishman-Hillard.
  • The principal shareholders of Schematic, Inc., an interactive agency, in its sale to WPP Group
  • The owners of LatinWorks in their acquisition of Cultura and the transfer of an interest in the combined entity to Omnicom.
  • The owners of Axis Healthcare Communications LLC to Huntsworth PLC.
  • ignite comm.net and Incendia Health, Inc. in the sale of their businesses and assets to inVentive Health, Inc.
  • The stockholders of Dorland Corporation in the sale of their shares of capital stock therein to Huntsworth plc.
  • The Leverage Group, Inc. in the sale of a majority interest in its marketing consulting business to MEDIAEDGE:cia, a subsidiary of WPP.
  • Eventive Marketing, Inc. in the sale of its business to the Omnicom Group.
  • The Luntz Research Companies, Inc. in the sale of a majority interest in its market research and communications business to Omnicom Group, Inc.
  • Cliff Freeman and Partners Inc. in the sale of a minority interest in its ad agency business to MDC Partners, Inc. and its subsequent re-acquisition of that interest.
  • Kirshenbaum Bond + Partners in the sale of a majority interest in its ad agency businesses to MDC Partners, Inc.
  • PainePR, Inc. in the sale of a majority interest in its public relations business to Cossette Communication Group Inc.
  • VitroRobertson in the sale of a majority interest in its ad agency business to MDC Partners, Inc.
  • Margeotes/Fertitta + Partners in the creation of its subsidiary Lafayette Productions Inc.
  • Peter Post in the sale of Post and Partners Inc. to Cossette Communication Group.
  • SicolaMartin in the sale of its ad agency business to Young & Rubicam, a subsidiary of WPP.
  • Future Source Communications, Inc. in its acquisition of a majority interest in Desgrippes Gobe Associates.
  • Margeotes/Fertitta + Partners in its acquisition of an interest in Chinnici Direct Inc.
  • Peter Post in his acquisition of 100% ownership of Emmerling Post, Inc.
  • Howard Steinberg in his acquisition of an interest in eSource Drive to Web Marketing LLC.
  • Margeotes/Fertitta + Partners in the sale of a majority interest in its ad agency business to MDC Communications, Inc.
  • The President of Jordan, McGrath, Case & Partners in the sale of that agency to Messner Vetere Berger McNamee Schmetterer/Euro RSCG.
  • Source Marketing, Inc. in the sale of a majority interest in its sales promotion agency business to MDC Communications, Inc.
  • Adler Boschetto Peebles & Partners, Inc. in its sale to the Interpublic Group of Companies.
  • Aegis Group/Carat in its acquisition of Media Buying Services.
  • Aegis Group/Carat in its acquisition of Media Marketing Assessment.
  • Aegis Group/Carat in its acquisition of Freeman Associates.
  • Aegis Group/Carat in its acquisition of Applied Information for Marketing.
  • Aegis Group/Carat in its acquisition of Westchester International Trading (media barter).
  • The management of McCaffrey & McCall in the purchase of their ad agency from, and its resale to, Saatchi & Saatchi.
  • RSCG in its purchase of Lally, McFarland & Pantello.
  • Margeotes/Fertitta + Partners in its recapitalization and refinancing by J.P. Morgan.
  • Needham Harper Worldwide in its merger with Doyle, Dane, Bernbach and their alliance with BBDO to form the Omnicom Group.
  • A major money center bank in financing the acquisition of assets of Anderson & Lembke.
  • The owners of Backer & Spielvogel in its sale to Saatchi & Saatchi.
  • The owners of Waring & LaRosa in its first sale to BBDO, and, later, the owners in the agency's subsequent sale to Young & Rubicam
  • The owners of The Rowland Company in its sale to Saatchi & Saatchi.
  • Doyle Dane Bernbach in its acquisition of Cargill, Wilson & Acree and the subsequent sale of the Charlotte office of Cargill, Wilson & Acree to its management.
  • Bates Advertising in the sale of its Dryden & Petisi sales promotion division.
  • WPP in a financing by General Electric Credit Corporation.
  • WPP in its acquisitions of J. Walter Thompson and Ogilvy & Mather.
  • Edward Eskandarian in his purchase of Arnold Advertising.
  • Ally & Gargano in its sale to MCA.
  • Benton & Bowles in its acquisition of Manning, Selvage & Lee.
  • Cossette Post Inc. in its acquisition of a majority interest in Thinking Sports, LLC.
  • The owners of Serino Coyne, Inc. in the sale of their ad agency to the Omnicom Group, Inc.
  • Frankfurt Balkind Communications, Inc. in the sale of its advertising and branding business to Hill, Holiday, Connors, Cosmopulos.
  • A Special Committee of The Board of Directors of dick clark productions, inc. in approving the merger of said corporation with DCPI Investco, Inc.

Financings

  • Kirshenbaum Bond + Partners with respect to their guaranty of the obligations of MDC Partners, Inc. under a financing agreement with Fortress Credit Corp. and Wells Fargo Foothill, Inc.
  • Ogilvy & Mather in a financing by Continental Bank.
  • Kirshenbaum & Bond with respect to their guaranty of the obligations of Maxxcom Inc. under a credit agreement with JPMorgan Chase.
  • WPP in the listing of its securities for sale in the United States.
  • McCaffrey & McCall in a loan from Chemical Bank.
  • Backer & Spielvogel in a loan from Marine Midland Bank.

Employment & Labor

  • Alex Bogusky in his employment arrangement with MDC Partners, Inc.
  • A group of key executives of Crispin Porter & Bogusky in their employment arrangements
  • Rob DeFlorio in his withdrawal from Mother.