Ethics on Madison Avenue: The Ins-and-Outs of Ethics for Advertising Lawyers

(207 Ratings)

Produced on: December 07, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

Advertising law is a unique and rapidly changing area of the law. Both in-house lawyers and outside counsel regularly face challenges as they try to not only help their clients put out a final product that is captivating, but also complies with the host of rules and regulations around the world.  

This program, taught by Frankfurt Kurnit Klein & Selz attorneys Heather Taylor, from the Advertising, Marketing & Public Relations practice group, and Tyler Maulsby, from the Legal Ethics & Professional Responsibility practice group, will focus on the ethical challenges that advertising lawyers face on a daily basis, whether they are representing an advertiser, an agency or someone in between. Through a series of hypotheticals, the course will work through issues such as conflicts of interest, communications with non-lawyers, and the attorney-client privilege and also discuss the practical realities of advising clients at all stages of the creative process.


Learning Objectives:

  1. Identify the common ethics issues that arise for advertising lawyers
  2. Appreciate how the relevant ethics rules work together to provide guidance for lawyers
  3. Apply the rules to everyday scenarios
  4. Discuss practical solutions for lawyers to abide by their ethical obligations in the face of client constraints

Faculty

Tyler Maulsby

Frankfurt Kurnit Klein & Selz PC

Tyler Maulsby is an associate in the Legal Ethics and Professional Responsibility and the Securities Fraud and White Collar Defense practice groups.

In his legal ethics and professional responsibility practice, he regularly represents clients in a wide variety of matters including: legal malpractice, conflicts of interest, lateral transitions, partnership disputes, disqualification motions, and the unauthorized practice of law. He also represents lawyers and law students in disciplinary and admissions proceedings.

As part of the Securities Fraud and White Collar Defense Practice Group, Mr. Maulsby represents clients at all stages of criminal and civil matters at the state and federal levels. Prior to joining Frankfurt Kurnit, Mr. Maulsby was a criminal defense attorney with The Bronx Defenders, where he gained significant trial experience.

Mr. Maulsby currently serves as Secretary of the Committee on Professional Ethics of the New York City Bar Association. He is also a member of the ABA Center for Professional Responsibility, the Association of Professional Responsibility Lawyers, the New York State Bar Association's Committee on Professional Discipline, and the National Association of Criminal Defense Lawyers. He is a regular contributor to the New York Legal Ethics Reporter.

Mr. Maulsby is admitted to practice in New York state courts and federal courts in the Southern and Eastern Districts of New York.

Hannah E. Taylor

Frankfurt Kurnit Klein & Selz PC

Hannah Taylor is Counsel to the Advertising, Marketing, & Public Relations Group, representing clients in a wide variety of industries, including beauty, entertainment, fashion, music, design, retail, art, textiles, consumer products, food & beverage, and transportation.

Ms. Taylor’s practice involves counseling brand and agency clients on matters across all media – from traditional commercial channels such as television and print, to newer formats such as social media, branded entertainment, and native advertising.  She advises clients on claim substantiation and compliance with federal, state, and local laws, as well as on compliance with relevant self-regulatory guidelines, and regularly represents advertisers before the National Advertising Division. She helps clients comply with ever-changing social media platform terms, and works with clients to structure and negotiate virtually every type of advertising-related agreement, including agency-client agreements, licensing agreements, production agreements, talent, spokesperson, and influencer agreements, social media guidelines, and releases.

Ms. Taylor is also the chair of Frankfurt Kurnit’s Social Media Task Force. In this role, she counsels clients, and writes and speaks frequently on the legal implications of advertising in social media. You can follow the FKKS Social Media Task Force on Twitter @FK_SocialMedia.

Ms. Taylor has been recognized as a New York area "Rising Star" in Super Lawyers magazine (2014-2016). She is actively involved in leading industry associations, including as a member of the ABA’s Consumer Protection and Advertising Disputes & Litigation Committees, and as a member of the New York State Bar Association Consumer Affairs Committee. She is the Editor of the ABA’s Consumer Protection Law Developments Update, 2017-18, and is the co-author of the "United States" chapter in Getting the Deal Through - Advertising and Marketing 2014 and 2017.

Ms. Taylor also frequently speaks at advertising industry conferences, including at Association of National Advertisers and Brand Activation Association legal conferences. Recent presentation topics have included: “Chatbot Hotspots: Legal & Business Issues Every Social Media Marketer Needs to Understand,” “Keeping up with the FTC: Social Media Influencers and Developing Ad Laws,” “Risks of Corporate Communications & Blurred Content/Native Advertising,” “A Review of Recent National Advertising Division Social Media Cases,” and “Hashtag Law – Legal Issues in Using Hashtags in Advertising and Social Media.

Prior to joining Frankfurt Kurnit, Ms. Taylor was a litigator at Hughes Hubbard & Reed LLP. Her previous professional experience also includes work for Volunteer Lawyers for the Arts, Legal Momentum (formerly NOW Legal Defense Fund), and Fross Zelnick Lehrman & Zissu.


Reviews

KD
Katerina D.

Very good!

MH
Mark H.

good

CR
Chris R.

Great seminar!

JL
Joseph L.

The practical analysis of real-world conflict potentials in light of commercial realities and probabilities provided a welcome departure from the black-and-white presentations that often accompany ethics credits in the CLE context.

AL
Anne-Marie L.

Very well done!

DM
Drake M.

This was a great format. Much more interesting than a straight lecture.

JK
Jeffrey K.

Great program on a unique subject. Really appreciated the in-house counsel examples. Nice work!

GG
Gatlin G.

These two presenters were very good and engaging. Hire them again!

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$ 89 Ethics and Advertising Law In Stock

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