Barry M. Benjamin chairs Kilpatrick Townsend’s Advertising and Marketing group, and is a partner in the firm’s New York office. His practice focuses on advertising, technology, and privacy law in the areas of advice and counseling, negotiating contracts, regulatory defense, and litigation. He represents clients small and large, from multinational corporate advertisers and agencies to start-up ventures.
As an experienced litigator, Mr. Benjamin has handled a wide range of cases, including false advertising, trademark, unfair competition, trade dress, and copyright, as well as general commercial and fraud claims. Mr. Benjamin also has extensive experience representing advertisers and marketers in regulatory investigations before government agencies, in competitor challenges through the self-regulatory process (NAD, CARU), and in dealing with consumer complaints and class actions.
Mr. Benjamin regularly negotiates technology contracts for clients in various industries, including traditional licensing, data sharing, software development, cloud computing, hosting agreements, and website development agreements, as well as advertising industry contracts such as agency-client deals, co-promotion, talent, endorsement and sponsorship agreements.
Another significant part of his practice is advising on the structure of and reviewing advertising and marketing campaigns, and drafting terms and conditions for all forms of marketing and promotion initiatives, including sweepstakes, online, mobile, and app games, skill contests, social media, fantasy sports, direct mail, telemarketing, and charitable marketing and co-venture programs.
Mr. Benjamin is a Director of the Brand Activation Association (formerly the PMA), and is a member of the BAA’s Government and Legal Affairs Committee. He was also a Co-Chair of the 2009 PMA Law Conference.
Mr. Benjamin is a frequent speaker on advertising, marketing, privacy, and emerging media issues, and has written articles in many different publications. He is also the author of the chapter “Push the Boundaries, but Stay in Bounds: The Advertising Lawyer’s Role in an Increasingly Aggressive Marketplace,” in Advertising and Marketing Law (Aspatore, 2005). He has been recognized for many consecutive years as a New York “Super Lawyer” in the area of First Amendment / Media / Advertising Law by Super Lawyers magazine and has been listed for many consecutive years in The Best Lawyers in America® for Advertising Law.