Litigation / Marketing Communications

We understand that disputes involving marketing communications companies — particularly where the company’s client is also directly involved — can present sensitive practical considerations. Our team has extensive experience successfully representing advertising, public relations, and digital marketing companies in commercial and intellectual property litigation.  This includes handling contract disputes between agencies and clients, claims over alleged unauthorized use of copyrighted material or uses in excess of a license, and controversies involving rights of publicity and privacy.

Representative Matters

  • Lead trial counsel for a marketing and promotions company in a two-week arbitration proceeding against world's largest automaker. Obtained an arbitration award for money damages and credit for creative work product based on breaches of contract.
  • Represented new media company in action over alleged misappropriation of name and likeness of celebrity doctor for website content and marketing campaign. Negotiated voluntary dismissal of claims.
  • Represented advertising agency in contract and copyright dispute over alleged use of images beyond the scope of the license with photographer. Negotiated favorable settlement.
  • Represented advertising agency in contract and intellectual property dispute involving alleged misappropriation of a fictional character for use in an advertising campaign. Negotiated favorable resolution after filing Motion to Dismiss.
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Litigation Specialties

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  • "I have had the pleasure of working with and relying on the lawyers from Sklar Kirsh for many transactions. Sklar Kirsh has an aptitude for understanding the big picture of their clients' objectives, which helps them bring additional value in assisting their clients to make better business decisions. Their attention to detail, thoughtfulness, and integrity make them a pleasure to work with."
    — Noah Hochman, Senior Managing Director, TruAmerica Multifamily

This testimonial does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.