Brian L. Heidelberger, Partner

Brian Heidelberger is partner who concentrates his practice in advertising, promotions, e-commerce/new media, privacy, trademark and other intellectual property, sports and entertainment law matters.

Mr Heidelberger represents:

• Consumer Products/Packaged Goods Companies

• Retailers/Restaurants

• Broadcasters/Publishers

• E-Commerce/New Media Ventures

• Advertising/Promotions/Fulfillment/Event Marketing Agencies

• Athletes, Entertainers and Their Agents

Mr. Heidelberger Practices:

• Advertising Law: Advertising clearance/claim substantiation, music/talent/sponsorship licensing, branded entertainment, agency/client agreements, children’s advertising, regulated industries and Screen Actors Guild (SAG) matters.

• Promotions Law: Sweepstakes, instant win games, contests, coupons, rebates, gift cards, loyalty programs and event/cause/entertainment marketing and transactions related thereto.

• E-Commerce/New Media Law: Social media, user-generated content, mobile marketing, e-commerce and domain names.

• Privacy Law: All consumer privacy law issues, such as e-mail marketing, text messaging, telephone solicitations, behavioral advertising, and marketing to children.

• Trademark and Other Intellectual Property Matters: Clearance, protection, licensing and maintenance of trademarks, copyrights, domain names and other intellectual property.

• IP, Advertising and Entertainment Litigation/Disputes: Handling claims relating to false and misleading advertising, copyright and trademark infringement, right of publicity and cyber squatting, including FTC, AG, NAD, SAG, and UDRP actions.

• Sports and Entertainment Law: In concert with other firm attorneys where necessary, provides personal and professional assistance to athletes and entertainers in the areas of trusts and estates, corporate matters, non-profit foundations, intellectual property, domain names and sponsorship/endorsements. Representative past and present representations include the NBA’s Dwayne Wade, Chris Bosh, Kevin Durant, Shaun Livingston, and Devin Harris, the NFL’s Donovan McNabb, MLB’s Chein-Ming Wang, as well as the sports agency, CSMG Sports.

Honors and Awards

• Named an Illinois Super Lawyer in Entertainment and Sports by Super Lawyers
• Named a Illinois’ Leading Media and Entertainment Lawyer by Chambers and Partners Publications 
• Named an Illinois’ Leading Media Lawyer by Lawyers Network
• Named to Best Lawyers In America — Advertising Law
• Noted as a top practitioner for Marketing and Advertising Law by The Legal 500

Activities

• American Association of Advertising Agencies (AAAA)’s Advertising Legal Affairs Committee
• Promotion Marketing Association’s (PMA) Government and Legal Affairs Committee

Education

• Indiana University, B.S. (1991)
• Chicago Kent College of Law, J.D. (1994), Kent Legal Scholar, Illinois State Scholar
  

Speeches and Publications

Mr. Heidelberger’s representative published work includes:

• “6 Biggest Misconceptions About the FTC’s New Guides Concerning the Use of Endorsements and Testimonials in Advertising,” Promotion Marketing Association (2009)

• “Paying for the Mistakes Of Others: Retailer Liability for False Advertising Claims,” Washington Legal Foundation (2009)

• “The 7 Biggest Legal Risks to Your Company When Using Social Media,” Advertising Age (2009)

• “Avoid Consumer-Generated Risks — 10 Good Tips for You to Use to Protect Yourself and Your Clients,” Advertising Age (2007)

• “Critical Advertising and Promotional Agreements, Inside the Minds: Advertising and Marketing Law,” Aspatore Books, 2005.

Pro Bono

• Legal counsel to KaBOOM!, Inc., a national nonprofit organization whose vision is “a great place to play within walking distance of every child in America”.  Mr. Heidelberger was at the core of a team that secured $85 million to create more than 1,100 community-built playgrounds in the Gulf Coast Communities Affected by hurricanes Katrina and Rita. 

• Legal counsel to Wade’s World Foundation, a national nonprofit founded by the NBA’s Dwyane Wade, which provides support to community-based organizations that promote education, health, and social skills for children in at-risk situations.