Advertising, Promotions, and Marketing
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Insightful Advertising Advice
We advise clients on substantiation of claims in advertising and marketing campaigns; promotions, contests, and sweepstakes; false advertising; and FTC regulations and guidance on endorsements, environmental claims, subscription services, “Made in USA,” and reviews, advertising substantiation requirements, among others.
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Advertising Case Experience
Our team, which includes former senior officials from the FTC and skilled litigators, has significant experience representing companies in false advertising matters, including in federal court litigation, disputes before the National Advertising Division of the Better Business Bureau (NAD), and FTC and state regulatory investigations.
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Strategic Counseling on Marketing Communications
We routinely advise clients engaged in social media marketing, email communications, marketing calls or texts, including compliance with the Telecommunications Consumer Protection Act (TCPA), the FTC’s Endorsement Guides, and the CAN SPAM Act, and on incoming litigation threats and defense related to alleged non-compliance.
Business success is driven by the strength and vitality of a company’s marketplace identity. As companies vigorously compete for increments of market share, that commonly entails competition for customers through advertising and promotions.
We can do more than relate. Our clients are the disruptors, market-makers, and even renegades in the global economy seeking to convert game-changing ideas into world-changing products and rare skills into innovative services.
Our team of seasoned attorneys advise clients when they launch, expand, and explore. Our approach is client-driven and designed to integrate seamlessly and efficiently with now- and next-generation entities that move at the speed of business.
Like our clients, we’re in it to win, whether that means market entry, market-share gain, outmaneuvering competitors, or protecting profits.
What We Do: Our Comprehensive Practice
We excel at providing insightful advice concerning all aspects of advertising, promotions, and marketing. Regardless of our client’s stage of maturity—from growth-minded start-ups to multinational companies with operations and customers around the world—we work closely with clients to develop sophisticated strategies to build and grow brands and marketing content as they pursue their most important business objectives.
Our interdisciplinary team provides a comprehensive scope of services, from the initial stages of selecting business and product names, launches, and leveraging unique characteristics of products and services to later phases of ongoing advertising and promotional campaigns and protecting clients against competitors.
Wilson Sonsini’s substantial experience working with clients in areas of critical importance to the success of their businesses includes, for example:
- Advertising and marketing claims and promotional campaigns (email marketing and messaging, contests and sweepstakes, consumer coupon offers, loyalty programs, discount promotions, gift cards, and special offers)
- Brand selection, brand-building campaigns, and brand protection
- Marketing and advertising agreements and commercial transactions driven by brands, content, and advertising (including strategic alliances, partnerships, and joint ventures; asset sales and spinouts; advertising and PR agency agreements; and content and trademark licenses, among others)
- Testimonials, endorsements, and influencers
- Personalized advertising, including liability allocation concerns among advertisers, publishers, ad networks, lead generators, data matching services, and other entities in the ad-tech ecosystem
- Data collection, intelligence, and marketing research
- Social media marketing and website-related issues, including domain names, social media handles, and commercial speech issues
- Ad agency initiatives, media relations inquiries, and public relations initiatives
- Regulatory guidance and responding to agency inquiries and reviews
Who We Represent: Our Clients Across Key Industries
Our team works with clients that range from innovative start-ups to industry leaders in a wide variety of technology sectors, including:
- Animal Health
- Artificial Intelligence and Machine Learning
- Aviation
- Biotechnology
- Blockchain and Cryptocurrency
- Clean Energy
- Climate and Clean Technologies
- Communications and Networking
- Consumer Products and Services
- Data Storage and Cloud
- Digital Health
- Digital Media and Entertainment
- Electronic Gaming
- Financial Services
- Fintech
- FoodTech and Agtech
- Fintech and Financial Services
- Global Generics
- Internet
- Life Sciences
- Medical Devices
- Mobile Devices
- Mobility
- NewSpace
- Semiconductors
- Software
Our Scope of Practice: Global Reach and Capabilities
While we align well with key business markets in the U.S. and globally, we work with our clients wherever they engage in business and competition. For example, our team in Brussels engages regularly with EU regulators and can guide companies dealing with European rules on personalized advertising and dark patterns, as well as the proposed Artificial Intelligence Act. In certain regions around the world, we work closely with a trusted network of global counsel to guide our clients as they expand into competitive international markets.
Whether we are assisting during the early stages of a client’s entry into new or established markets or advising market leaders aiming to protect their share of the market, our team is adept at devising comprehensive, proactive strategies that help clients enter, execute, and leverage what matters most to their businesses.
Overview
Business success is driven by the strength and vitality of a company’s marketplace identity. As companies vigorously compete for increments of market share, that commonly entails competition for customers through advertising and promotions.
We can do more than relate. Our clients are the disruptors, market-makers, and even renegades in the global economy seeking to convert game-changing ideas into world-changing products and rare skills into innovative services.
Our team of seasoned attorneys advise clients when they launch, expand, and explore. Our approach is client-driven and designed to integrate seamlessly and efficiently with now- and next-generation entities that move at the speed of business.
Like our clients, we’re in it to win, whether that means market entry, market-share gain, outmaneuvering competitors, or protecting profits.
What We Do: Our Comprehensive Practice
We excel at providing insightful advice concerning all aspects of advertising, promotions, and marketing. Regardless of our client’s stage of maturity—from growth-minded start-ups to multinational companies with operations and customers around the world—we work closely with clients to develop sophisticated strategies to build and grow brands and marketing content as they pursue their most important business objectives.
Our interdisciplinary team provides a comprehensive scope of services, from the initial stages of selecting business and product names, launches, and leveraging unique characteristics of products and services to later phases of ongoing advertising and promotional campaigns and protecting clients against competitors.
Wilson Sonsini’s substantial experience working with clients in areas of critical importance to the success of their businesses includes, for example:
- Advertising and marketing claims and promotional campaigns (email marketing and messaging, contests and sweepstakes, consumer coupon offers, loyalty programs, discount promotions, gift cards, and special offers)
- Brand selection, brand-building campaigns, and brand protection
- Marketing and advertising agreements and commercial transactions driven by brands, content, and advertising (including strategic alliances, partnerships, and joint ventures; asset sales and spinouts; advertising and PR agency agreements; and content and trademark licenses, among others)
- Testimonials, endorsements, and influencers
- Personalized advertising, including liability allocation concerns among advertisers, publishers, ad networks, lead generators, data matching services, and other entities in the ad-tech ecosystem
- Data collection, intelligence, and marketing research
- Social media marketing and website-related issues, including domain names, social media handles, and commercial speech issues
- Ad agency initiatives, media relations inquiries, and public relations initiatives
- Regulatory guidance and responding to agency inquiries and reviews
Who We Represent: Our Clients Across Key Industries
Our team works with clients that range from innovative start-ups to industry leaders in a wide variety of technology sectors, including:
- Animal Health
- Artificial Intelligence and Machine Learning
- Aviation
- Biotechnology
- Blockchain and Cryptocurrency
- Clean Energy
- Climate and Clean Technologies
- Communications and Networking
- Consumer Products and Services
- Data Storage and Cloud
- Digital Health
- Digital Media and Entertainment
- Electronic Gaming
- Financial Services
- Fintech
- FoodTech and Agtech
- Fintech and Financial Services
- Global Generics
- Internet
- Life Sciences
- Medical Devices
- Mobile Devices
- Mobility
- NewSpace
- Semiconductors
- Software
Our Scope of Practice: Global Reach and Capabilities
While we align well with key business markets in the U.S. and globally, we work with our clients wherever they engage in business and competition. For example, our team in Brussels engages regularly with EU regulators and can guide companies dealing with European rules on personalized advertising and dark patterns, as well as the proposed Artificial Intelligence Act. In certain regions around the world, we work closely with a trusted network of global counsel to guide our clients as they expand into competitive international markets.
Whether we are assisting during the early stages of a client’s entry into new or established markets or advising market leaders aiming to protect their share of the market, our team is adept at devising comprehensive, proactive strategies that help clients enter, execute, and leverage what matters most to their businesses.
Alerts
FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials
On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional tactics. Notably, under the FTC’s new rule, the commission will be authorized to seek civil penalties against violators.
Alerts
The ELVIS Act: Setting the Stage for Policing Unauthorized Use of AI-Generated Sound and Likeness
Last month, Tennessee, birthplace of the “King of Rock and Roll,” broadened the state’s already robust right of publicity statute by passing the Ensuring Likeness Voice and Image Security Act (the so-called “ELVIS Act”). The ELVIS Act, which goes into effect on July 1, breaks new ground by specifically targeting generative artificial intelligence (AI) platforms and services that potentially enable the use of people’s likeness without permission. Other states, and potentially Congress, may soon follow Tennessee’s “opening act” in broadening right of publicity protections focused on uses of generative AI.
Alerts
FTC Seeks Comments on Proposed Rule Requiring Disclosure of Fees in Consumer Goods and Services
Last week, the Federal Trade Commission (FTC) announced a proposed rule that would regulate a broad range of “junk fees” in consumer goods and services, from resort fees associated with travel and lodging, to delivery fees associated with meal and grocery delivery, to convenience fees associated with financial services (the proposed rule). The proposed rule would generally prohibit the omission of mandatory fees from advertised prices. If finalized, violations of the proposed rule could result in civil penalties of up to $50,120 per violation. The public has 60 days to comment after the proposal is published in the Federal Register.
Newsletters
Sustainability and ESG Advisory Practice Update, September 2023
We are pleased to share the September 2023 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social, and governance (ESG) matters relevant to public and private companies internationally.
Alerts
What's in a Review? The FTC's Updated Endorsement Guides and Proposed New Rule on Consumer Reviews
In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials in advertising. The FTC also announced a proposed rule banning fake reviews and testimonials.
Alerts
Marketing in the Metaverse
The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many luxury goods companies, for example, now offer NFTs and other digital items under flagship brands that correspond with real-world products in an effort to drive engagement and instill brand loyalty among these new (and generally younger) consumers. Although there are still uncertainties as to how this new space will take shape, a recent jury verdict in the case of Hermès International, et al. v. Mason Rothschild, from the Southern District of New York,1 offers some guidance as to how courts may approach metaverse-related branding issues.
Insights
Alerts
FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials
On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional tactics. Notably, under the FTC’s new rule, the commission will be authorized to seek civil penalties against violators.
Alerts
The ELVIS Act: Setting the Stage for Policing Unauthorized Use of AI-Generated Sound and Likeness
Last month, Tennessee, birthplace of the “King of Rock and Roll,” broadened the state’s already robust right of publicity statute by passing the Ensuring Likeness Voice and Image Security Act (the so-called “ELVIS Act”). The ELVIS Act, which goes into effect on July 1, breaks new ground by specifically targeting generative artificial intelligence (AI) platforms and services that potentially enable the use of people’s likeness without permission. Other states, and potentially Congress, may soon follow Tennessee’s “opening act” in broadening right of publicity protections focused on uses of generative AI.
Alerts
FTC Seeks Comments on Proposed Rule Requiring Disclosure of Fees in Consumer Goods and Services
Last week, the Federal Trade Commission (FTC) announced a proposed rule that would regulate a broad range of “junk fees” in consumer goods and services, from resort fees associated with travel and lodging, to delivery fees associated with meal and grocery delivery, to convenience fees associated with financial services (the proposed rule). The proposed rule would generally prohibit the omission of mandatory fees from advertised prices. If finalized, violations of the proposed rule could result in civil penalties of up to $50,120 per violation. The public has 60 days to comment after the proposal is published in the Federal Register.
Newsletters
Sustainability and ESG Advisory Practice Update, September 2023
We are pleased to share the September 2023 issue of Wilson Sonsini’s Sustainability and ESG Advisory Practice Update. Each issue combines news, key legal developments, and resources related to sustainability and environmental, social, and governance (ESG) matters relevant to public and private companies internationally.
Alerts
What's in a Review? The FTC's Updated Endorsement Guides and Proposed New Rule on Consumer Reviews
In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials in advertising. The FTC also announced a proposed rule banning fake reviews and testimonials.
Alerts
Marketing in the Metaverse
The metaverse presents exciting new opportunities for brands to engage a new audience through interactive virtual environments and immersive experiences, including with virtual products that cross the digital divide. Many luxury goods companies, for example, now offer NFTs and other digital items under flagship brands that correspond with real-world products in an effort to drive engagement and instill brand loyalty among these new (and generally younger) consumers. Although there are still uncertainties as to how this new space will take shape, a recent jury verdict in the case of Hermès International, et al. v. Mason Rothschild, from the Southern District of New York,1 offers some guidance as to how courts may approach metaverse-related branding issues.
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (San Francisco)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in San Francisco on Wednesday, October 30. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (Palo Alto)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in Palo Alto on Tuesday, October 29. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Affiliated Programs
USC Gould School of Law 2024 Intellectual Property Institute
Join over 600 IP professionals for a gathering of national speakers and a sophisticated discussion of emerging issues and best practices in copyright, patent, trademark, trade secret, and related fields. Join federal judges, prominent government officials, leading academics, in house counsel, and top practitioners for two days of learning and networking.
Speaking Engagements
AI on the Lot
AI on the Lot is a pioneering summit that unites independent filmmakers, showrunners, studio executives, and top AI technology companies to explore the transformative influence of Artificial Intelligence on Hollywood. This groundbreaking event will explore AI's impact on the writer's room, production, post-production, VFX, animation, and new business models. Attendees can expect thought-provoking panel discussions, AI demos, and opening remarks by Cynthia Littleton, Co-Editor-in-Chief at Variety, aimed at fostering collaboration, innovation, and shaping the future of entertainment.
Events
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (San Francisco)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in San Francisco on Wednesday, October 30. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (Palo Alto)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in Palo Alto on Tuesday, October 29. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Affiliated Programs
USC Gould School of Law 2024 Intellectual Property Institute
Join over 600 IP professionals for a gathering of national speakers and a sophisticated discussion of emerging issues and best practices in copyright, patent, trademark, trade secret, and related fields. Join federal judges, prominent government officials, leading academics, in house counsel, and top practitioners for two days of learning and networking.
Speaking Engagements
AI on the Lot
AI on the Lot is a pioneering summit that unites independent filmmakers, showrunners, studio executives, and top AI technology companies to explore the transformative influence of Artificial Intelligence on Hollywood. This groundbreaking event will explore AI's impact on the writer's room, production, post-production, VFX, animation, and new business models. Attendees can expect thought-provoking panel discussions, AI demos, and opening remarks by Cynthia Littleton, Co-Editor-in-Chief at Variety, aimed at fostering collaboration, innovation, and shaping the future of entertainment.
Aaron D. Hendelman
Partner
Aaron heads the trademarks, copyrights, and advertising practice focusing on the areas of trademark, advertising, unfair competition, copyright, internet, retail, and consumer law.
Maneesha Mithal
Partner
Maneesha Mithal is a partner in the Washington, D.C., office of Wilson Sonsini and co-chair of the firm’s privacy and cybersecurity practice. Maneesha advises clients on privacy, cybersecurity, and consumer protection matters and represents companies in regulatory investigations. She is also one of the founding members of Wilson Sonsini’s AI group.
Christopher N. Olsen
Partner
Christopher advises clients on all aspects of privacy and cybersecurity matters and represents companies under investigation by the FTC and state attorneys general.
Tracy Shapiro
Partner
Tracy Shapiro is a partner in Wilson Sonsini’s San Francisco office, where she advises on privacy, data security, and advertising issues, and defends clients in investigations and enforcement actions brought by the Federal Trade Commission (FTC), state attorneys general, Senate and House congressional committees, and self-regulatory bodies.
John L. Slafsky
Partner
A recognized leader in his field, John specializes in in trademark, copyright, and advertising law.
Lauren Gallo White
Partner
Lauren represents internet and digital media companies in complex, high-stakes litigation related to online speech, privacy, and intellectual property.
Brian M. Willen
Partner
Brian represents companies facing challenging disputes involving novel issues of law.
Alyssa M. Worsham
Partner
Alyssa Worsham focuses on global strategic advice, litigation strategy, and transactional guidance for clients’ trademarks, branding, and advertising in marketplaces where commercial and geographic lines are increasingly blurring. She helps clients assess the risk in selecting new business and product names, and works with them to build, exploit, and protect these names creatively and strategically. Alyssa advises on trademark disputes, domain name disputes, contests and sweepstakes, advertising review, right of publicity, social media issues, Telephone Consumer Protection Act (TCPA) compliance (i.e., the rules surrounding marketing texts and calls), FTC compliance and investigations, copyright, IP diligence, and associated commercial contracts. She works with software companies, biotech start-ups, cosmetics companies, fashion companies, life sciences and digital health companies, agro-tech companies, consumer products, non-profits, and game developers, among others. She advises founders, CEOs, GCs, IP specialists, and chief marketing officers on the critical issues surrounding brand creation, protection, and strategy.
Eva F. Yin
Partner
Eva Yin, Ph.D., M.P.H., is a partner in Wilson Sonsini Goodrich & Rosati’s FDA regulatory, healthcare, and consumer products practice. Her practice includes conducting FDA and healthcare regulatory due diligence for corporate transactions; providing legal counsel to manufacturers regarding FDA approval/clearance for various products—including medical devices, mobile apps, and drugs, FDA compliance, regulation of promotional materials and labeling, and manufacturer compliance under federal and state healthcare laws, e.g., the federal Anti-Kickback Statute (AKS), False Claims Act (FCA), Sunshine Act, state licensing laws, corporate practice of medicine, etc.; reviewing contracts and compliance policies for manufacturers; and providing legal analysis and risk assessment of business models and fee arrangements involving patient assistance programs, healthcare professionals, or hospitals/clinics under federal and state healthcare laws and regulations.
Christine K. Au-Yeung
Partner-Elect
Christine Au-Yeung is a partner-elect in the San Francisco and Palo Alto offices of Wilson Sonsini Goodrich & Rosati, where she specializes in trademark, copyright, and advertising law. She counsels clients on all aspects of brand protection in the U.S. and throughout the world, including clearance and selection of trademarks, prosecution of trademark applications, licensing, and the resolution of trademark infringement and domain name disputes. She also advises clients on advertising issues, including TCPA compliance related to marketing calls and texts as well as strategies on promotions such as sweepstakes and contests.
People
Aaron D. Hendelman
Partner
Aaron heads the trademarks, copyrights, and advertising practice focusing on the areas of trademark, advertising, unfair competition, copyright, internet, retail, and consumer law.
Maneesha Mithal
Partner
Maneesha Mithal is a partner in the Washington, D.C., office of Wilson Sonsini and co-chair of the firm’s privacy and cybersecurity practice. Maneesha advises clients on privacy, cybersecurity, and consumer protection matters and represents companies in regulatory investigations. She is also one of the founding members of Wilson Sonsini’s AI group.
Christopher N. Olsen
Partner
Christopher advises clients on all aspects of privacy and cybersecurity matters and represents companies under investigation by the FTC and state attorneys general.
Tracy Shapiro
Partner
Tracy Shapiro is a partner in Wilson Sonsini’s San Francisco office, where she advises on privacy, data security, and advertising issues, and defends clients in investigations and enforcement actions brought by the Federal Trade Commission (FTC), state attorneys general, Senate and House congressional committees, and self-regulatory bodies.
John L. Slafsky
Partner
A recognized leader in his field, John specializes in in trademark, copyright, and advertising law.
Lauren Gallo White
Partner
Lauren represents internet and digital media companies in complex, high-stakes litigation related to online speech, privacy, and intellectual property.
Brian M. Willen
Partner
Brian represents companies facing challenging disputes involving novel issues of law.
Alyssa M. Worsham
Partner
Alyssa Worsham focuses on global strategic advice, litigation strategy, and transactional guidance for clients’ trademarks, branding, and advertising in marketplaces where commercial and geographic lines are increasingly blurring. She helps clients assess the risk in selecting new business and product names, and works with them to build, exploit, and protect these names creatively and strategically. Alyssa advises on trademark disputes, domain name disputes, contests and sweepstakes, advertising review, right of publicity, social media issues, Telephone Consumer Protection Act (TCPA) compliance (i.e., the rules surrounding marketing texts and calls), FTC compliance and investigations, copyright, IP diligence, and associated commercial contracts. She works with software companies, biotech start-ups, cosmetics companies, fashion companies, life sciences and digital health companies, agro-tech companies, consumer products, non-profits, and game developers, among others. She advises founders, CEOs, GCs, IP specialists, and chief marketing officers on the critical issues surrounding brand creation, protection, and strategy.
Eva F. Yin
Partner
Eva Yin, Ph.D., M.P.H., is a partner in Wilson Sonsini Goodrich & Rosati’s FDA regulatory, healthcare, and consumer products practice. Her practice includes conducting FDA and healthcare regulatory due diligence for corporate transactions; providing legal counsel to manufacturers regarding FDA approval/clearance for various products—including medical devices, mobile apps, and drugs, FDA compliance, regulation of promotional materials and labeling, and manufacturer compliance under federal and state healthcare laws, e.g., the federal Anti-Kickback Statute (AKS), False Claims Act (FCA), Sunshine Act, state licensing laws, corporate practice of medicine, etc.; reviewing contracts and compliance policies for manufacturers; and providing legal analysis and risk assessment of business models and fee arrangements involving patient assistance programs, healthcare professionals, or hospitals/clinics under federal and state healthcare laws and regulations.
Christine K. Au-Yeung
Partner-Elect
Christine Au-Yeung is a partner-elect in the San Francisco and Palo Alto offices of Wilson Sonsini Goodrich & Rosati, where she specializes in trademark, copyright, and advertising law. She counsels clients on all aspects of brand protection in the U.S. and throughout the world, including clearance and selection of trademarks, prosecution of trademark applications, licensing, and the resolution of trademark infringement and domain name disputes. She also advises clients on advertising issues, including TCPA compliance related to marketing calls and texts as well as strategies on promotions such as sweepstakes and contests.
Related Practices
Recent Insights
Alerts
FTC Issues Final Rule Banning Fake and Misleading Consumer Reviews and Testimonials
On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional tactics. Notably, under the FTC’s new rule, the commission will be authorized to seek civil penalties against violators.
Learn More
Alerts
The ELVIS Act: Setting the Stage for Policing Unauthorized Use of AI-Generated Sound and Likeness
Last month, Tennessee, birthplace of the “King of Rock and Roll,” broadened the state’s already robust right of publicity statute by passing the Ensuring Likeness Voice and Image Security Act (the so-called “ELVIS Act”). The ELVIS Act, which goes into effect on July 1, breaks new ground by specifically targeting generative artificial intelligence (AI) platforms and services that potentially enable the use of people’s likeness without permission. Other states, and potentially Congress, may soon follow Tennessee’s “opening act” in broadening right of publicity protections focused on uses of generative AI.
Learn More
Recent Events
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (San Francisco)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in San Francisco on Wednesday, October 30. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Learn More
Speaking Engagements
Association of Corporate Counsel San Francisco Bay Area CLE: How to Counsel Your Marketing Department (Palo Alto)
In-house counsel are invited to join Wilson Sonsini attorneys Alyssa Worsham and Christine Au-Yeung for an ACC San Francisco Bay Area CLE program titled “Marketing 101: How to Counsel Your Marketing Department” in Palo Alto on Tuesday, October 29. Alyssa and Christine will be joined by Stephanie Hall, Director of Trademark & Brand at Lyft, and will discuss how to be an effective legal voice to your marketing and brand teams as they launch innovative products on a global scale, embrace opportunities in social media, and leverage influencers and endorsements in their marketing initiatives. The program will also cover new FTC rules on using reviews and testimonials in marketing and ways to promote brands through sweepstakes and contests.
Learn More
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