At Dempsey Legal Solutions, we use our business experience to provide effective practical solutions to your most challenging legal issues. We craft creative solutions to help you overcome potential legal challenges while obtaining business objectives. Our goal is your success in business. We earn your confidence by focusing on your specific needs so that you can concentrate on your business.
We will guide you every step of the way with prompt and valuable legal advice. Our clients include individuals, small businesses, start-up companies and global corporations. We pride ourselves in delivering timely excellent service – every time.
- Advertising and Marketing Law
- Copyrights and Trademarks
- Data Security and Privacy Protection
- Food and Drug
- Labor and Employment
Advertising and Marketing Law
Dempsey Legal Solutions has a strong legal practice in the areas of advertising, promotions and related privacy law. Whether you seek to substantiate your advertising claims, execute sound marketing strategies or challenge a competitor’s claim, we can assist you.
Dempsey Legal Solutions can help when your company faces the complexity of a regulatory investigation or enforcement action brought by the U.S. Federal Trade Commission (FTC) or state attorney general to achieve an acceptable outcome for your business needs.
We can assist you in communicating your product’s environmental benefits while staying within the legal confines that govern such green marketing claims. We offer a comprehensive review of your advertising and promotional materials to ensure that your environmental claims can be substantiated scientifically and avoid inadvertent misrepresentations.
As your company introduces new media and advertises to your target audience in social media space, we can provide the framework to do so legally. We provide the legal analysis for new media marketing including consumer protection, advertising, promotions, intellectual property, privacy and rights of publicity concerns. Whether you are creating campaigns that feature consumer-generated content, sweepstakes, contests or mobile marketing, we can assist you in avoiding the potential legal pitfalls.
The following are some of our services in this area:
- Advice in advertising food, dietary supplements or regulated products
- Advertising challenges
- CAN SPAM compliance
- FTC and State Attorney General Investigations
- Green Marketing
- NAD Procedures
- New Media Marketing
- Privacy Issues and Advice on FTC Children’s Online Privacy Protection Act (COPPA) and Children’s Advertising Review Unit (CARU) Guidelines
- Review of substantiation of claims
- Review of comparative advertising
- Response to Network claim substantiation requests
- Rights Clearance
- Sweepstakes and contests for consumers
A contract is the instrument by which signatory parties acquire rights and obligations. Contracts are applicable in all areas of civil or commercial activity.
We assist clients to identify the contract that best fits their specific needs in their specific industry, including accounting software and consulting, consumer products, petroleum and energy, entertainment, finance, international shipping and franchising.
We assist clients in drafting and negotiating a broad spectrum of agreements:
Advertising, Marketing and Media Agreements: advertising agency, book releases, co-promotion, co-packaging, digital marketing, location, product placement, public relations, spokesperson, sponsorship and talent agreements.
Franchise Agreements: franchise agreements (and amendments thereto), license agreements, development agreements and franchise disclosure documents.
General Commercial Agreements: Capex, confidentiality, consulting, equipment bailment, logistics, master service, operating and non-disclosure agreements, purchase agreements, statements of work and supply agreements.
Intellectual Property Agreements: copyright assignments and licenses, IP assignments, joint development agreements, merchandising agreements, patent and know-how licenses, proprietary rights agreements and trademark licenses.
Software-related Agreements: escrow agreements, service level agreements and software licenses.
Transactional Agreements: asset purchase agreements and joint venture agreements.
Copyrights and Trademarks
Dempsey Legal Solutions advises clients in all aspects of trademark and copyright law including clearance, prosecution, maintenance and enforcement of trademark and copyrights worldwide; distribution and licensing arrangements; counterfeiting; and adversarial proceedings before the U.S. Trademark Trial and Appeal Board (TTAB) and ICANN Dispute proceedings. We possess strong technical skills in obtaining and enforcing Intellectual Property rights through copyrights, trademarks and domain names.
We advise clients in all aspects of trademark and copyright practice. We offer trademark clearance and copyright, trademark and domain name prosecution services for U.S. and international clients seeking IP protection in the United States.
We can assist you in design and trade dress protection; copyright acquisitions, registrations, recording trademark registrations with U.S. Customs and Border Patrol, confidentiality agreements and enforcements; licensing, distribution and corporate transactions. We represent clients in Internet challenges including new gTLDs and ICANN domain name disputes and anti-counterfeiting matters.
Dempsey Legal Solutions has a strong network of foreign trademark and IP associates in virtually all countries around the world. We offer our services in managing a company’s foreign trademark and domain name filings. We believe that we add value to companies by freeing up valuable in-house human resources from this labor-intensive task and adding practical insight from years of managing international trademark portfolios for Fortune 500 companies. We are in a position to evaluate the responses of foreign associates and ask the right questions to make sure that your company is getting the best representation and service in foreign jurisdictions that may be new to you.
Our services include:
- Incorporation of companies
- Formation of limited liability companies and joint ventures
- Drafting of bylaws
- Operating agreements
- Implementation of good corporate governance and compliance practices
- Compliance with Foreign Corrupt Practices Act
Data Security and Privacy Protection
Traditional boundaries have shifted. Today companies operate in a dynamic environment that is increasingly interconnected, integrated and interdependent. The new business ecosystem is built around a model of open collaboration and trust. Constant information flow is the lifeblood of this business ecosystem. The problem is that adversaries actively target the vulnerabilities.
Cyber security threats can come from diverse sources. Adversaries include: rogue nation states, organized crime, hacktivists and insiders or former employees seeking revenge or personal gain. Their motives may stem from economic or political gain or political or social change. Targets include: sensitive trade secrets, financial systems, health information, Intellectual Property, business acumen, confidential and personally identifiable information.
In this new environment, data security protection is a business imperative, not merely a “nice to have.” Protection of a company’s privacy data, whether as owner or data processor for a customer, does not happen by itself. Privacy protection and data security occur by design. We counsel clients on privacy and data security laws governing collection, use and protection of personally identifiable information and on managing uses and reducing exposure to investigation and litigation arising from how companies handle personal data. We assist clients in designing privacy protections and solid data security measures to reduce risks associated with handling personal data.
Dempsey Legal Solutions helps clients set reasonable data collection limits through document retention policies and sound retention practices. Data minimization is one way to reduce the risks associated with cyber security threats. We counsel clients to collect and use privacy data only if absolutely necessary for running of the business. We tailor a Data Security Policy mindful of the specific business needs of our clients. A Data Security Policy provides company standards and procedures that employees and consultants must adhere to in order to protect confidential information and privacy data. Many companies require that their vendors have a data security policy, incident response plan and an employee-training program as a condition to doing business with them. We conduct in-house training sessions for clients on Privacy and Data Security compliance issues. We provide clients with a Data Breach Report and Incident Response Plan outlining a step-by-step procedure to follow in the event of a data security breach for each of the different types of data breaches.
The rules are changing rapidly. Companies need to consider the looming federal legislation in the privacy and data security realm as well as the current patchwork of federal and state laws and regulations. Forty-seven states require that notices be given to the state attorney general and/or the affected data subject in the event of a data security breach, whether actual or suspected. These state regulatory notification requirements are generally based on the state residency of the data subjects and present a patchwork of reporting requirements in the case of a data security breach. Twenty-seven states also require notice to credit reporting agencies but have different provisions. Most states require notification in the most expeditious time possible and without unreasonable delay. Only Florida and Ohio provide an outer limit of 45 days to give the required notice. Dempsey Legal Solutions can assist clients in navigating these reporting requirements.
We draft Privacy Policies and Terms and Conditions for client websites to ensure compliance with state regulatory requirements and to take advantage of applicable safe harbor provisions.
Food and Drug
Dempsey Legal Solutions provides food and drug industry clients with legal strategies that ensure compliance and mitigate liability risk. From premarket clearance through the life of the brand, we bring practical experience to help our clients market their cosmetics, food, functional foods, medical foods, dietary supplements, nonprescription drugs and devices and other health products.
Due to the collaboration between the Federal Drug Administration (FDA) and the Federal Trade Commission (FTC) and their recent interest in regulating and enforcement actions, nutraceutical and dietary supplement companies are well served in ensuring that their products, labeling and marketing practices satisfy FDA, FTC and related state law requirements. We conduct reviews and provide counsel to ensure that dietary supplement advertisements and marketing materials are truthful, not misleading and substantiated, and that companies have the competent reliable scientific evidence required for health-related efficacy and safety claims.
We assist clients in preparation of franchise disclosure documents, license agreements, development agreements and transactions between franchisors and franchisees. We work to spare clients the expense and uncertainty of litigation through careful planning, drafting, negotiating and problem solving. We assist clients with enforcement actions involving unauthorized use of trademarks, trademark dilution and unfair competition. We counsel clients on wrongful termination claims and enforcement actions to compel compliance with franchisor operations. We assist clients in avoiding premises liability claims.
Labor and Employment
We provide clients with practical advice regarding a wide range of employer/employee relations issues including compliance with FLSA, FMLA and Americans with Disabilities Act (ADA), performance management, recruitment, compensation and Equal Pay Act compliance, benefits, discipline and termination.
We also advise our clients with respect to employment contracts, consulting agreements and restrictive covenants such as covenants not to compete and non-solicitation provisions. We also counsel on drug and alcohol issues.
We at Dempsey Legal Solutions LLC would be pleased to assist you in any of these legal services.