Advertising, Communications, PR & Creative Agencies
Expert advice from Australia’s leaders in the field
The legal and commercial challenges facing professional communications agencies can be as diverse as the many and varied services they offer today. The services an agency provides will dictate the legal risks faced and the legal support required.
An agencies legal requirements can arise from numerous sources – from the contract between agency and client to the law imposing obligations upon agencies as ‘gatekeepers’. We’re here to help reduce and navigate the legal issues.
We have experience in assisting:
- Full Service Communications Agencies
- Advertising and Marketing Services Agencies
- Branding Agencies
- Social media Agencies & Digital Agencies
- Media Buying
- Promotional Products Agencies
- Planning and Strategy Agencies
- Experiential Agencies
- Lead Generation Agencies
- Promotional & Shopper Marketing Agencies
- Social Media & Community Management Agencies
- Market Research Agencies
- PR Agencies
In our experience the legal services that agencies require fall into two broad categories – the services agencies require as a business and the services that we can perform as part of an agencies’ value-added services to their own clients. Within these two broad categories we can provide a varied array of legal services.
Services
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Advertising Clearance and Campaign Legality Checks
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Advertising Standards Board Complaint Resolution
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Agency Supplier Relationships and Agreements
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Augmented Reality & Virtuality: advising on experimental and technology driven ways to interact and engage with consumers
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Brand Investigation & Protection: Brand and trade mark use and roadblock checks; Brand protection strategies; Trade mark applications and management; Brand licence and usage agreements
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Campaign Analysis: Situation analysis; Regulatory Analysis; Stakeholder Analysis; Course of Action Development & Analysis; Campaign Execution
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Client Commercial & Legal Relationships: Preparing agency contracts; Reviews of contracts supplied by clients; Reviews of tenders and standard legal terms for agency compliance (government and private)
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Commercial Advisory Services
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Commercial Technology Platforms / technology & innovation: Protection; Licensing & Exploitation; New startups including fundraising and relationships; eCommerce
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Compliance Programs: enabling clients to demonstrate to the ACCC and ACMA compliance with applicable laws (consumer law, privacy laws & SPAM laws)
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Deal making and Agency Mergers & Acquisitions: Legal Due Diligence & Reporting; Heads of Agreements / Term Sheets; Share Sale Agreements; Subscription Agreements; Shareholder Agreements; Asset Purchase / Sale Agreements
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Defamation & Slander & Online Reputation Management
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Digital, Experiential, Interactive & Social Media (including Community Management)
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Dispute Resolution & Litigation: Resolving conflicts; Letters of demand; Court litigation; Employment related litigation and disputes
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Employment Law and Employee Relationships
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Entertainment Law
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Industry Codes of Practice & Self-Regulation
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IP protection (copyright, trademarks, patents, designs)
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PR, Earned Media & Crisis Management
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Property & Leasing: Agency lease & property licence reviews & advice
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Protection of confidential information and Non-Disclosure Agreements
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Risk Assessments: Assessment of Likelihood and Impact factors; Risk Treatment Recommendations and Risk Grading
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Sponsorships: Event / Personality / Venue Due Diligence; commercial negotiations; Sponsorship Agreements; Venue Agreements; Rights Management & De-Confliction
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Talent & Social Influencers: Talent Due Diligence; commercial negotiations; talent / influencer agreements; rogue talent / influencer management
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Trade and consumer promotions – games of chance, games of skill and give-aways (including all related services – applying for permits, drafting terms & conditions, conducting draws, complaint management, etc)