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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Corporate Counsel

Marketing Architects, a leading direct response advertising agency with a 20-year track record of success, is hiring in-house counsel to join our team.

You might expect a fast-paced, fun environment at an agency, and we have that. We also are technology savvy and operationally focused, and are looking to upgrade our end-to-end approach to legal compliance and ultimately our leadership standing within the advertising industry.

We are not litigious, so are looking for a proactive and savvy in-house counsel to ensure our company, and our advertising clients, are fully compliant and meet a standard far above current regulations. We believe in ‘favoring the consumer’, which means we will be overly diligent to ensure all business practices are on the leading edge of advertising law.

This is a leadership opportunity to build upon an already successful function, but also to put your stamp on this area in a way to ensure we are an industry leader and admired for an outstanding track record of compliance and fair consumer practices.

RESPONSIBILITIES:

  • Possess deep subject matter expertise with U.S. regulations, industry guidelines, and self-regulatory standards for marketing and advertising, including; product claims, substantiation standards, endorsements and testimonials, competitive advertising, and sponsorships.
  • Ensure compliance to advertising and consumer protection issues under the FTC Act, Lanham Act, FDA Act, ROSCA, COPPA, CARU, TSR, Negative Option, Pricing Rules, SAG/AFTRA, HIPPA, CAN-SPAM, consumer privacy, data protection, and other relevant advertising practice laws, and regulatory standards.
  • Review, draft and negotiate a variety of marketing related agreements.
  • Develop and implement a variety of marketing compliance policies, self-help tools and engaging legal training related to marketing and advertising law compliance.
  • Provide legal advice and counseling on marketing initiatives spanning numerous advertising platforms, including traditional media (e.g., television, radio, etc.), email and SMS-based marketing, and digital, social media and behavioral advertising
  • Partner with internal teams developing Call Routing, IVR, SMS platforms, Internet Chat and other technologies to ensure scripts and processes comply with federal/state regulations and internal guidelines such as PCI compliance.
  • Identify and retain outside legal counsel where appropriate to address specific requirements requiring deep domain expertise or rapidly evolving understanding.
  • Participate with and guide outside counsel in handling advertising and consumer protection matters before the BBB (NAD Division) the Federal Trade Commission and state AG offices.
  • Participate with outside vendors in our medical products practice to identify and implement consumer safety tests and labeling requirements to ensure exacting standards are met to avoid consumer product liability claims.
  • Stay abreast of latest developments in marketing and advertising laws, rules and regulations and propose changes to our marketing and advertising activities.
  • Act as a strategic partner to drive results for business units, reduce costs and risks to the organization while working closely with senior business leaders.
  • Participate as a key team member in the company’s overall legal strategy, including; equity funding and exits, employment law, corporate governance, general contracts, risk assessment, credit decisions and other matters.


QUALIFICATIONS:

  • JD from an accredited law school, with strong academic credentials and MN state bar admission or eligible to register as Minnesota Registered In-House Counsel.
  •  10+ years of legal experience with a focus in digital and marketing law, including; advertising review, claim substantiation, privacy, digital, mobile, and social media.
  • Demonstrated ability to think strategically and to deliver practical, sound risk assessment in rapidly evolving areas of law.
  • Ability to communicate complex concepts clearly and advise clients on various options with a strong orientation to support business goals.
  • Understanding and interest in technology that supports marketing, social, and digital commerce.
  • Exceptional interpersonal and communication skills.

Interested candidates, please send resume to Courtney Hoefener: choefener@markarch.com

 

 

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