MARKETING, PROMOTIONS AND COMMUNICATIONS LAW

KZR maintains an extensive practice in the rapidly developing fields of Internet marketing, advertising, sweepstakes, promotions, communications, intellectual property and privacy law.  In the competitive marketplace and constantly evolving regulatory environment, KZR guides its clients through the regulatory and corporate obstacles to participation in these growing markets.

We provide advice on federal and state regulatory and policy issues and represent clients before the Federal Communications Commission (FCC), state regulatory agencies, Trademark Trial and Appeals Board (TTAB) and federal and state courts in telecommunications, Internet, trademark, promotions and marketing matters.

The firm's attorneys strive:

  • To provide vital assistance to clients confronting complex legal and business matters in the constantly fluctuating Internet and communications marketplaces.
  • To assist clients in structuring new communications or Internet ventures, and to provide advertising and marketing counseling with an emphasis on risk analysis.
  • To represent clients before the Federal Communications Commission, Federal Trade Commission, and Federal Energy Regulatory Commission on rule-making, enforcement, and rate proceedings.
  • To vigorously assert the rights of our clients in litigation in an effective and cost-effective fashion.

Marketing
The firm advises its clients who engage in telemarketing, Internet, email, SMS and direct marketing on current federal and state laws and regulations, such as CAN SPAM, COPPA, TDDRA and the TCPA.  In addition, we regularly negotiate and draft joint marketing, licensing and related agreements.  We also respond to customer inquiries and represent clients before the FTC, state attorneys general and in federal and state courts.

Promotions
The firm's attorneys advise clients on structuring, operating and advertising a wide variety of sweepstakes and promotions including, but not limited to, sweepstakes, games of skill and gift cards, whether provided via Internet, mobile telephone, SMS, or direct mail. 

Communications
The firm counsels clients on a wide range of issues relating to the development and operation of telecommunications and Internet information businesses and enhanced service providers, including the establishment of websites, trademarks, domain names, 800 and 900 numbers and compliance with federal and state laws. Our advice ranges from broad policy issues, to program content guidelines and record-keeping requirements for publishers and carriers, to compliance with the FCC's detailed technical rules for carriers, to federal and state privacy laws.

Litigation
In its capacity as a full-service firm, the firm represents clients before state and federal regulatory agencies in all manner of proceedings, as well as before state and federal courts in suits involving breach of contract, First Amendment, defamation, copyright, trademark, discrimination, unfair and deceptive trade practice, and antitrust issues.

Telecommunications Filings
Federal Communications Commission and State Public Utility Commissions:
The firm regularly appears before the FCC and State PUCs on behalf of domestic and international carriers and media concerns in proceedings ranging from rule-making to licensing to enforcement actions. On behalf of the carriers, the firm prepares all requisite state and federal certification and tariff filings with the applicable governmental bodies for its diverse client base. These filings include, but are not limited to, certificates of public convenience and necessity; registration for local, intrastate, or interstate service; 214 applications to provide international or facilities-based telecommunication services; and applications to provide wireless service.

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