Overview Boasting $5.6 billion in annual sales of luxury goods in 2009, a major European retailer and advertiser (the "Client") decided to increase sales by implementing a call center in the United States to handle national telephone and Internet sales. The Client's European counsel was not expert in the field of United States marketing law; therefore, the Client contacted my Firm to structure the call center policies governing incoming sales calls, upsells and service issues. Objective The Client was both eager and anxious to ensure that its call center policies would be compliant with United States federal and state laws, fearing facing statutory fines and potential civil actions that could result from non-compliant processes. As a result, my Firm was tasked with creating policies and business processes that would; (1) promote business development via telephone and Internet sales; (2) manage existing client relationships for upsells; and (3) be legally compliant with federal and state telemarketing and ecommerce laws. My Firm was then tasked with making the policies easy for managers to implement. Strategy The project was huge in scope, both from a legal and a business process perspective. The Client and the Firm were required to collaborate extensively to over…
Overview An independent interactive marketing agency started a new online business to promote young comics (the "Start Up") and sought to drive traffic to it recently launched web site. Months prior to launching the web site, the Start Up dubbed snippets from a high grossing film to lampoon the recent behavior of one of Hollywood's highest paid actor/directors (the "Property"). The Property was posted on YouTube and generated a small amount of buzz. Three months after the launch of the Property on YouTube, a network television show (the "Network") ran a parody of the same actor. This Network appeared to have copied the idea directly from the Property, using much of the same language but in the context of a different movie. Though the Start Up was intrigued about the prospect of suing the Network for damages related to copyright infringement, it contacted my Firm to determine how to profit from the perceived infringement. Objective The Start Up was both eager and anxious to pursue legal action against the Network; however, it had failed to copyright the Property. As a result, the chances of a favorable outcome of a copyright infringement lawsuit against the Network appeared slim. My Firm was…
Overview One of France's largest manufacturers and distributors of cosmetic skin care products (the "Client") hired my Firm to provide a solution that would enable it to make the claim that its skin care treatments constitute the "number one" dermo-cosmetic product available in the United States (the "Claim"). The Client planned to make the Claim in conjunction with a million dollar print campaign for in-store advertisements located in retailers from Boston to Washington, D.C. Objective The Client intended the Claim to be the centerpiece of its promotion in the United States. Its objective was to use the Claim to increase its market share as a leader in luxury skin care products. However, the Client was unfamiliar with American advertising law and concerned that competitors might enjoin it from running an effective promotion by successfully challenging the Claim's veracity either in a court of law or in front of the National Advertising Division. Such an injunction not only would have embarrassed the Client publicly, but it would have also resulted in a substantial waste of corporate assets. Strategy Initially, my Firm responded by educating the Client on the issues and the process by which comparative advertising law claims are made. Potential…
Overview Boasting $20 million in annual sales, an independent agency (the "Agency") decided to strengthen its business by hiring a successful executive (the "Executive"), who was then working as a senior executive with a multinational, public advertising holding company. The Executive possessed extensive client contacts and a desire to assist the Agency in getting to the next level. Though the Agency was excited about the prospect of new clients and increased revenue, it contacted my Firm to assist it in structuring the Executive's equity ownership and compensation package. Objective The Agency was both eager and anxious to make a deal with the Executive. As a result, its objective was twofold; (1) to compensate the Executive as a senior officer of the Agency in managing existing client relationships and promoting business development and (2) to provide an incentive for the Executive to earn equity in the Agency that would vest over a number of years. Strategy When confronted with the Agency's initial compensation and equity package, the Executive balked and threatened to remain with his current organization. He demanded that his equity interest in the Agency vest immediately as an incentive for him to make the move. The Agency contacted my…