The L+C Blog

The 5 Legal Mistakes You’re Making in Agency New Business – and How to Fix Them

marketing agency new business mistake

The agency new business process is, for most agencies, exciting and stressful at the same time.

While your team is focused on the thrill of a potential “win,” and what that could mean for the agency’s fortunes, it’s probably equally under stress about meeting deadlines, putting forth your best efforts for the prospect, and keeping other clients happy too.

Jody Sutter of Sutter…

Three Rising Legal Risks in Content Marketing and Social Media for Agencies

Has one of your clients received a “friendly” letter from the FTC lately inquiring about its disclosure and transparency practices in influencer marketing?

“Operation Full Disclosure, Part 2,” a correspondence campaign that began circulating in March, appears in full swing, and it’s a not-so-subtle education effort by the FTC to ensure brands (and their agencies) know and understand…

Intellectual Property: Why Your Marketing Agency Should Take a Closer Look

Closer look at IP

Although a significant part of my marketing law practice involves helping marketing agencies protect their interests in client contracts or in freelance relationships, or counseling them how to protect their clients, most agencies don’t realize the full financial and business potential of leveraging their own intellectual property in these transactions.
I’ll say it simply: some of your best…

Sharon Toerek to Present at INBOUND 2016: Fixing Your Agency New Business Legal Mistakes

inbound 2016 agency legal

CLEVELAND – Nov. 1, 2016 – Sharon L. Toerek, intellectual property and marketing law attorney, and founder of Toerek Law, will present, “The Five Legal Mistakes Your Agency is Making in New Business – And How to Fix Them,” at INBOUND 2016, Friday, Nov. 11, 10:30-11:15 a.m.

Agencies navigating new business opportunities, while managing their current client deadlines and other agency…

Sharon Toerek to Present Legal Session at Content Marketing World 2016

CLEVELAND – Aug. 31, 2016 – Sharon Toerek, intellectual property and marketing law attorney, and founder of Toerek Law, will join lawyer Ruth Carter for an interactive Q&A session at Content Marketing World 2016, which will cover how to safely succeed in content marketing while taking a proactive approach to protecting creative work and minimizing legal risk.

The segment, “Why Can I…

Five Top Legal Hot Buttons Marketing Agency Leaders Need to Know…and How to Handle Them


Marketing agency leaders have lots of legal questions! Sometimes on the creative aspects of their work (like intellectual property and licensing issues), other times about rules and regulations they need to know (like for content marketing and social media compliance), and many times about their business relationships (clients, employees and independent contractors).

Here I tack…

The 5 Things Every Marketing Agency Should Look for in the Client’s Contract

Your marketing agency just got a great new piece of business. Terrific news!

The creative team is full of energy and ideas, the account service folks are ready to roll, and billings will start climbing soon.

After there’s a contract signed, of course. Soon enough, there’s an email with your client’s standard (and very lengthy) “Professional Services Agreement” in your…

3 Tips for Managing Portfolio Rights in Marketing Agency Creative Work

It was the third or fourth call I received, from different Agency clients in the space of a few weeks, with questions about how to handle display rights for creative work.

“Our freelance designer is displaying our Client’s work on her personal website! We didn’t give her permission to do it, and neither did our Client. And, she doesn’t even mention the Agency.”


Marketing in the CASL – How to Comply with Canada’s New Anti-Spam Law in Direct Marketing

Marketers and marketing agencies engaged in direct marketing have questions and worries about Canada’s new anti-spam legislation (“CASL”).

CASL came into effect on July 1, 2014 for direct marketers who send commercial electronic messages (CEMs) to clients, customers, prospects, or referral sources.

What’s a CEM, exactly? A CEM is a message with content that encourages t…

Some Top Legal Issues on the Minds of Marketing Agency Leaders – An Unscientific Survey

I attended a terrific conference recently, produced jointly by Recourses and Win Without Pitching, on the topic of developing new revenue models for expert Firms. About 60 leaders of expert Firms from around the world, primarily marketing and ad firms, gathered to get insight from workshop leaders David Baker and Blair Enns about ways to add new products, profit centers, recharged…


Sharon Toerek
Toerek Law
1240 Huron Road, Suite 200
Cleveland, Ohio
Call Me: 800.572.1155
Email: sharon@legalandcreative.com

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