With the advent of online and mobile advertising, the regulatory environment has changed profoundly. Some of the issues frequently arising in twenty-first century relationships between the various stakeholders in international advertisement are:
- Are advertisers, agencies, or publishers responsible for ensuring compliance of an ad unit with the regulatory environment in the targeted market?
- What are the data protection and privacy concerns involved in cross-border, virtual marketing campaigns?
- What is the regulatory environment for viral campaigns, social media campaigns, or campaigns involving influencers, or sensitive products, such as gambling?
- How must workable acquisition definitions be structured to ensure a fair compensation, particularly in performance marketing?
- How can media agencies be protected against default events on the advertiser’s end?
- What is the best way of handling revenue streams across jurisdictions and payment methods? How can micro-payments, cryptocurrency payments, utility tokens, and other virtual payment methods be integrated into the digital value chain of the future, in full compliance with regulatory requirements?
- What is the impact of privacy rights and data protection legislation on big data, data mining, and smart data?
We have been advising media agencies, advertisers, and publishers, in particular app developers, in the worldwide digital marketing arena for many years. Together with our clients, our place is at the very forefront of the digital advertising economy.
BODENHEIMER Representative Matters as Parties’ Counsel
Represented a multinational online media agency in a series of ICC, DIS, and SIAC arbitrations against non-performing advertisers arising out of Insertion Orders with some 25+ advertisers from around the world; oversaw asset freezing, collection and enforcement proceedings in, inter alia, Austria, Brazil, Canada, Cyprus, the Czech Republic, France, Hong Kong, India, Israel, Ireland, Italy, Latvia, Malaysia, Portugal, Russia, Spain, Turkey, the UK, the United States, and Uruguay, in close collaboration with local correspondent counsel.
Advised a Turkish app developer on litigation avoidance strategies with regard to alleged breach of contract claims put forward by a U.S. marketing platform
Advised and represented a French marketing agency in injunction proceedings before the German courts brought by a German activist on e-mail marketing practices
Advised a media agency on a set of contracts for a novel, innovative mobile marketing technology, involving mobile network operators, original end manufacturers, and distributors
Advised a media agency on disputes and governing law clauses to be used in standardised Insertion Orders and Purchase Orders; developed suitable clauses by breaking contracting partners down into categories of jurisdiction and providing tailor-made dispute resolution flows
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