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.

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 data collection and sharing, behavioral advertising, mobile marketing, payment processing, social media, 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, 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 was recognized as a New York "Super Lawyer" in the area of First Amendment / Media / Advertising Law by Super Lawyers magazine and was listed in The Best Lawyers in America® for Advertising Law.

Professional & Community Activities

Brand Activiation Association (formerly the Promotion Marketing Association), Director; 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

Acquisition of ownership interest in social media website for individual
Represented individual shareholder's withdrawal and buy out of ownership interest in Internet social media website. more
Defended treated wood manufacturer against false advertising claims
Represented treated wood product manufacturer against false advertising claims by a competitor based on allegations of superiority, passing off, and more
Using landmarks in advertising
Advise advertising agency on the potential laws that are implicated by use of landmarks and in advertising. more
Resolved false advertising dispute for leading home furnishings manufacturer
Successfully represented the world’s leading manufacturer of home furnishings in forcing competitor to stop making false and/or unsubstantiated “Made more