Brian L. Heidelberger, Partner

Brian Heidelberger is an intellectual property partner in Winston & Strawn’s Chicago office who concentrates his practice in advertising, marketing, promotions, e-commerce, sports, and entertainment law matters. Mr. Heidelberger counsels advertising and promotions agencies, major consumer product companies, retailers, and Internet/e-commerce ventures on a wide range of marketing, promotional, intellectual property, and e-commerce issues. He also represents athletes and entertainers, as well as their agents, in all aspects of their career development and business ventures.

Mr. Heidelberger regularly counsels clients in the area of user-generated content protection strategies and the development and licensing thereof. He has extensive experience in high-level talent, music, and sponsorship negotiations. He counsels clients with respect to their advertising, marketing, and promotional materials, taking into account sweepstakes and contest issues, copyright, trademark, right of publicity, false advertising, television network guidelines, as well as the Screen Actors Guild Commercials Contract. He participates in advertising and promotional related litigation at both the state and federal levels, as well as FTC investigations, challenges before the National Association of Better Business Bureaus (NAD), and each of the television networks. In addition, Mr. Heidelberger has considerable experience with issues related to the Internet and other electronic commerce, counseling clients on issues such as online privacy, domain names, and technology-related agreements. His representative clients include Motorola, McDonald’s, PepsiCo, Frito Lay, Taco Bell, Pizza Hut, Palm, TiVo, DDB Chicago, Energy BBDO, Burrell, Young America and Gage Marketing, CSMG Sports International, the Miami Heat’s Dwyane Wade, The Toronto Raptors’ Chris Bosh, and the New Jersey Nets’ Devin Harris. Prior representations include the Seattle Supersonics’ Kevin Durant.

Honors and Awards

Mr. Heidelberger was given the following honors: (a) one of “Illinois’ Leading Media Lawyers” by Chambers and Partners Publications (2003 -2008); (b) one of “Illinois’ Leading Media Lawyers” by Lawyers Network in (2004-2008); (c) one of the Best Lawyers In America — Advertising Law (2007-2008), (d) an Illinois Rising Star (2008) and an Illinois Super Lawyer (2009) in Entertainment and Sports by Super Lawyers, and (e) listed as a top lawyer in Media, Technology, and Telecoms in The Legal 500 in 2009.

Activities

Education

Speeches and Publications

Mr. Heidelberger’s published work includes the following:

• 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.

Mr. Heidelberger’s speaking engagements include the following:

• “Basics of Advertising Law,” Chicago Advertising Federation. 
• “How to Avoid Promotion Disasters,” Promotional Marketing Association Law Conference.
• Promotion Marketing Association’s Law Conference, 2004 (co-chairman).
• “Handling Key Legal and Business Considerations in Talent and Endorsement Contracts,” National Advanced Corporate Counsel Forum on Advertising Law.
• “Basics of Promotional Law,” Promotion Marketing Association Law Conference.
• “Advertising Agency Agreements,” 15th National Advanced Corporate Counsel Forum on Advertising Law.
• “Succeeding at the National Advertising Division of the Better Business Bureau (NAD),” 15th National Advanced Corporate Counsel Forum on Advertising Law.
• “User-Generated Content – The Emerging Legal Threat: Protecting Against Unforeseen Risks,” Strafford Legal Publishing Group-sponsored teleconference.
• “What You Need to Know about Using Video, Photos and Music Submitted by Consumers,” Winston & Strawn eLunch briefing.

Pro Bono

Mr. Heidelberger serves as legal counsel for KaBOOM!, Inc. KaBOOM! is a national nonprofit organization whose vision is “a great place to play within walking distance of every child in America” with a mission to create great playspaces through the participation and leadership of communities. KaBOOM! was named by Worth magazine as one of America’s top 100 charities and honored by Parents magazine as one of “10 Charities Worthy of Your Holiday Cheer.”