Advertising, Marketing, and Public Relations

Advertising, marketing, and public relations companies are evolving as quickly as the technology they rely upon. Despite having more platforms than ever with which to reach consumers, these companies are constantly striving to maintain a creative edge in a heavily oversaturated media climate.

Barton has represented a wide assortment of advertising agencies and marketing firms, from emerging companies operating on the regional level to internationally renowned businesses servicing campaigns for some of today’s most prominent brands. We work both with marketing firms that specialize in particular sectors, such as insurance or tech, as well as with more general strategic brand management businesses.

As the pace of and possibilities for content delivery grow exponentially, Barton is committed to handling the various legal and financing matters our advertising clients face so that they can remain focused on innovating, creating, and reaching more consumers. We’ve aided many marketing firms with navigating pre-seed and seed financing rounds, structuring joint ventures, restructuring debt and equity, managing subsidiaries, obtaining licenses related to intellectual property, resolving employer-employee disputes, and maintaining regulatory compliance.

Work in this Area

Advertising, Marketing, and Public Relations

Representative Matters
  • Defeated Motion to Dismiss Unjust Enrichment Claim
    • Represented a major marketing agency and defeated a motion to dismiss an unjust enrichment claim they were making against an investment company that allegedly took over the operations of a creditor and continued business operations as an alter ego.
  • Established Joint Venture Between Media Personality, Venture Capital Firm
    • Represented a strategic brand management business in its structuring and establishment of a joint venture between a high-profile media personality and a New York-based venture capital firm. The joint venture expects to create, produce, and release a series of consumer product offerings over the next several years under a new brand. We negotiated and drafted the documentation for the venture, as well as provided input on tax and intellectual property issues that arose as the negotiations proceeded.    
  • Compelled Rejection of Trademark License Agreement
    • Represented a well-known celebrity branding company in compelling the rejection of a trademark license agreement of a retail debtor, thus freeing up the mark from the debtor’s estate and allowing the branding company to pursue other opportunities with it, while also preserving the company’s claims against the debtor.
  • Restructured Debt and Equity of Global Marketing Firm Subsidiary
    • Represented a UK-based worldwide marketing firm in the restructuring of the debt and equity of its U.S. subsidiary. The subsidiary had encountered a series of legal challenges, including class action lawsuits regarding some of its operations. We were able to advise on a restructuring with respect to the ownership of the equity of the subsidiary, resulting in 100% ownership moving to our client and advised the client through its sponsorship of an insolvency proceeding to deal with the claims that had been brought against the business.
  • Counsel to Advertising Tech Co. Regarding Financing of $1.2 Million
    • Represented an India-based advertising technology company with respect to restructuring of its U.S. parent and Indian subsidiary, and Series Seed Preferred Stock Financing of $1.2 million, which was led by one of India’s most prominent venture capital funds.
  • Advised Marketing Tech Co. on Pre-Seed Financing
    • Advised an India-based marketing technology company on its Pre-Seed Preferred Stock Financing of $300,000, led by a U.S. venture arm of a prominent accelerator and venture fund in India.
  • Successfully Litigated Fraud, Unfair Practices Claims
    • Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract.