The L+C Blog

Marketing Under the Influence: Understanding the Legal Implications


Marketers may have been uncertain about the regulatory environment at the beginning of a new administration in Washington; but it’s become clear that the FTC remains actively focused on issues of transparency and disclosure in influence marketing tactics.

I know firsthand from my work with marketing agencies that nobody wins when “legal” puts the halt to a brilliant campaign or creativ…

Agency Marketing Strategies That Help Clients Win and Keep Lawyers Happy

marketing agency legal puzzle

Whether on behalf of the clients you serve, or your own agency efforts, the more sophisticated marketing strategies become, the more legal risks you’ll face in your agency.

After providing legal counsel to marketing agencies for 15 years, I’ve seen lots of examples of marketing campaigns “unraveled” in all areas or at all stages of execution.

The most common cause? A reluctance to…

Sharon Toerek to Present at INBOUND 2017: Keep Marketing Safe and Lawyers Away

toerek inbound 2017

CLEVELAND – Sept. 19, 2017 – Sharon L. Toerek, intellectual property and marketing law attorney, and founder of Toerek Law, will present, “Keep Marketing Safe: How to Design A Marketing Strategy That Keeps Lawyers Away,” at INBOUND 2017, 1 p.m., Tuesday, Sept. 26.

In this session, designed for marketing agencies, attendees will learn the rules marketers need to keep it all legal in…

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…


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

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