Recently, a client asked me to review some advertising copy, something I had not done for several years. It got me thinking about how much I always liked working with the marketing team when I was an in-house lawyer. They are the “cool kids” at most companies; fun, sophisticated, and always handing out the best snacks. And, they have lots of good swag to give away too. More importantly, they bring a shit load of legal issues to the table which, depending on your point of view, can be a positive or a negative. I tend to be a glass-half-full guy so I took all the crazy the marketing team could deliver as an opportunity to hone my skills (and maybe nab a free t-shirt, coffee mug, or Travelocity Gnome). And, since I knew nothing about marketing or advertising law when I started in-house, it was a chance to learn something new – which is always a positive in my book. After a rough start, I came to appreciate that “marketing law” covers a lot of ground, touching a host of legal issues. Because of that, all in-house lawyers should have a basic understanding of the different facets (and how the legal department can best help the business navigate the problem areas). Not sure what I am talking about? Well, read on! This edition of “Ten Things” discusses what in-house lawyers need to know about marketing law:
Lanham Act
Ten Things: Trade Secrets and Protecting Your Company
How’s this for a nightmare scenario: You get a call from the company’s Chief Operating Officer informing you that Ms. Smith is leaving the company to go to work for a competitor. You’re told she has knowledge and copies of many confidential projects and strategies, including key marketing strategy presentations. The COO wants to know what can be done to protect the company. You tell him not to worry because Ms. Smith signed a confidentiality agreement when she joined the company and therefore everything will be fine. A few days later you need to go back to the COO and tell him everything might not be fine regarding Ms. Smith and, in fact, according to outside counsel, the company has likely failed to do a number of things necessary to protect some of its trade secrets, meaning there may be little that can be done to stop Ms. Smith from divulging those items to her new employer – your competitor.
Ten Things You Need to Know as In-House Counsel® 