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, contract negotiation, regulatory defense, and litigation. He represents clients small and large, from multinational corporations to start-up ventures.

As an experienced litigator, Mr. Benjamin has first chaired 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 responding to government inquiries and consumer complaints.

He advises clients in areas where traditional and digital media converge, where new distribution platforms and data gathering tools push the boundaries of technology, privacy, copyright, and content. This includes social media engagement, data collection and licensing, behavioral and mobile advertising, user generated/third party content use, online gaming, promotions, the rights of privacy and publicity, developing privacy policies, website terms of use, data security and data breach notification policies.

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, brand licensing, co-promotion, celebrity talent, endorsement, influencer, 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 also contributes his time to the industry. He is a former member of the Board of Advisors / Directors of the Brand Activation Association (formerly the PMA), and is an active member of the BAA’s Government and Legal Affairs Committee. He is a former Co-Chair of the BAA 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.

Professional & Community Activities

Brand Activation Association (formerly the Promotion Marketing Association), Board of Advisors/Directors (2013-2016); Government and Legal Affairs Committee, Member

New York City Bar Association
   Information Technology Committee, Former Member
   Consumer Affairs Committee, Former Member

Education

  • Fordham University School of Law, J.D. (1993)
  • University of Michigan, B.A. (1990)

Bar Admissions

  • New York (1994)
  • New Jersey (1993)

Admissions

  • U.S. District Court for the District of New Jersey (1994)
  • U.S. District Court for the Eastern District of New York (1994)
  • U.S. District Court for the Northern District of New York (1994)
  • U.S. District Court for the Southern District of New York (1994)
  • U.S. District Court for the Western District of New York (2005)

Who We Are

The Grace Building, 1114 Avenue of the Americas
New York, NY, 10036-7703
USA
t +1 212.775.8783
f +1 212.775.8817

Barry M. Benjamin

Experience Highlights

Advertising claims against TyraTech, Inc., maker of Vamousse Lice Solution
Represented TyraTech, Inc., maker of the Vamousse line of pesticide free head lice solution products, at the NAD against a competitor challenging more
Using landmarks in advertising
Advise advertising agency on the potential laws that are implicated by use of landmarks and in advertising. more
Raffles and casino night compliance with state regulations
Advised medical device manufacturer on state regulations around corporate fund raising efforts, including raffles and a casino night. more
Development of e-mail marketing policy for corporate printing company
Represented corporate printing company in development of e-mail marketing policy and Can-Spam compliance. more