Let’s Get Them Talking: Legal issues with influencers and reviews

Gonzalo E. Mon | Kelley Drye & Warren LLP

Gonzalo Mon’s practice is focused on advertising, transactional, and privacy issues. He advises a wide range of companies in all aspects of promoting their brands, and works closely with them to find practical solutions to even the most complex legal problems.

Gonzalo helps his clients determine what they can say about their products and services in ads, as well as what type of evidence they need to support their claims. He has successfully defended clients when their ads have been challenged by regulators and competitors, both in court and before the National Advertising Division (NAD). He has also helped clients challenge their competitors when those competitors made claims they could not support.

As companies experiment with new strategies to promote their brands, Gonzalo helps them identify and address the issues raised by these strategies. For example, he has advised clients on how to run various campaigns on social media, how to work with influencers, and how to comply with evolving privacy laws. Recommended by The Legal 500 U.S., clients report that Gonzalo does “an excellent job of balancing the legal risk and the business exigencies” concerning these campaigns.

Gonzalo also drafts and negotiates many of the agreements that underlie his clients’ marketing campaigns. Among other things, he has worked on advertising agency agreements, promotion agreements, sponsorship agreements, and endorsement agreements with actors, athletes, musicians and other influencers.

Moreover, Gonzalo has extensive experience in a variety of promotions including sweepstakes, contests, text-to-win promotions, and promotions with user-generated content. In addition to domestic promotions, Gonzalo has assisted clients with clearing promotions in more than 25 countries worldwide.

Rather than say “no” when his clients propose ideas that don’t fall squarely within the boundaries of the law, Gonzalo takes the time to understand his clients’ business operations and goals, and helps to design a strategy to achieve their objectives in ways that offer less risk. Gonzalo is particularly effective in situations where the law is unclear, and tries to find a sensible way to fit cutting-edge ideas into the framework of regulations that have not kept pace with innovation.

Gonzalo is valued for maintaining a calm presence in even the most tense scenarios, adapting quickly to the situation and/or personalities involved while remaining approachable, reasonable and level-headed. Because of his knowledge of the law and business, Gonzalo knows how to find and establish the middle ground. As a result, he is able to support the resolution process without taking an extreme position or losing sight of his client’s original intentions.

Gonzalo knows firsthand what in-house counsel and business executives require to do their jobs effectively. He spent more than three years working on-site in a technology client’s legal department, where he reviewed the majority of the company’s advertisements, drafted various agreements, advised on product launches, and assisted with various promotions. This experience helped him better understand the needs of in-house counsel and business executives.

Of particular note, Gonzalo was named Washington, D.C. Advertising “Lawyer of the Year” by Best Lawyers® in 2012, and has appeared on their list of top advertising lawyers every year since then. He writes extensively on advertising and promotion law issues. In addition to his many posts on Advertising Law Access, his articles have appeared in national publications such as the Practical Law Journal, Mashable, E-Commerce Law & Policy, Retailing Today, Mobile Marketer, Sports Litigation Alert, Law360, Bloomberg BNA’s Social Media Law & Policy Report and PROMO. Gonzalo is also frequently invited to speak at events hosted by groups such as the Brand Activation Association, American Conference Institute, Practical Law Company, Sales & Marketing Executives International, and various bar associations.

PROFESSIONAL ACTIVITIES

Promotion Marketing Association REGGIE Awards, judge, 2012-2013

COMMUNITY ACTIVITIES

Gonzalo is a Fit to Fight® black belt and certified Defensive Options® instructor. He teaches self-defense and fitness classes in DC.

I. Provide an overview of the FTC’s Endorsement Guides, as well as the pending changes to the Guides | 2:00pm – 2:15pm

II. Discuss key FTC and NAD cases involving reviews | 2:15pm – 2:30pm

III. Discuss key FTC, NAD, and AG cases involving influencers | 2:30pm – 2:45pm

IV. Provide tips for compliance | 2:45pm – 3:00pm