Allison Fitzpatrick is a partner in the Advertising, Marketing & Promotions Practice Group of Davis & Gilbert. She represents advertisers, media companies, and agencies in connection with all aspects of advertising, marketing, and promotions.

Ms. Fitzpatrick frequently counsels clients on new media issues, including with respect to influencer marketing, native advertising, and other emerging media. She frequently develops clients’ influencers and social media policies and reviews clients’ social media campaigns to ensure compliance with the Federal Trade Commission’s Endorsement Guides and other regulations. Ms. Fitzpatrick also speaks about and advises clients on all aspects of children’s advertising and privacy, including compliance with the Children’s Advertising Review Unit’s Self-Regulatory Guidelines and the Children’s Online Privacy Protection Act (COPPA). She routinely reviews websites, apps, privacy policies, and promotions to ensure compliance with COPPA and other privacy laws. Ms. Fitzpatrick has represented clients in proceedings before the Children’s Advertising Review Unit and the National Advertising Division and in state regulatory investigations, including comprehensive multi-state actions, most notably in connection with negative option marketing and free trial offers.

In addition, Ms. Fitzpatrick has significant experience in the area of sweepstakes and promotions and advises clients on games of chance, complex skill contests, rebates, gift cards, and coupons, including on Facebook, Twitter, Instagram, Pinterest, Snapchat, and YouTube for agency clients, as well as directly for many well-known companies. She regularly counsels clients on all aspects of promotions, including with respect to drafting and reviewing their rules, prize supplier and promotional agreements, and winner affidavits and notifications. Ms. Fitzpatrick has also developed a number of loyalty/reward programs for clients.

Ms. Fitzpatrick regularly counsels clients on price advertising, false and deceptive advertising, claim substantiation, privacy, telemarketing, direct mail, email marketing (e.g., CAN-SPAM), endorsement and testimonial issues, and negative option marketing, as well as intellectual property matters involving copyright, trademark, right of privacy and publicity. She also advises clients with respect to drafting and negotiating a variety of agreements, including agency-client agreements, talent agreements, sponsorship and production agreements.

Ms. Fitzpatrick was recognized as a leading lawyer for advertising law by Chambers USA: America’s Leading Lawyers for Business in 2018 and 2019. The Legal 500 United States has recognized her in the area of advertising and marketing for seven consecutive years (2013-2019). She has also been recognized by The Best Lawyers in America in advertising law (2020). In 2019, Ms. Fitzpatrick was named as a leader in influencer marketing by PR News.