Kyle-Beth Hilfer

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Kyle-Beth Hilfer is Of Counsel to the firm. Kyle-Beth Hilfer has over twenty-five years’ experience providing legal counsel to advertising, marketing, promotions, intellectual property, and new media clients. She also acts as an arbitrator in her areas of expertise and related fields.

Ms. Hilfer holds a B.A. from Yale College (summa cum laude, Phi Beta Kappa) and a Juris Doctor from Harvard Law School (cum laude).

As an advertising law specialist, Ms. Hilfer counsels on all kinds of advertising, marketing, and direct mail campaigns. She performs copy clearance, reviews claim substantiation, obtains third party licenses, and ensures regulatory compliance. In addition, she advises on specific marketing techniques, such as negative options and advance consent marketing, and behavioral marketing. Ms. Hilfer is well-versed in legal review of catalogs, pricing claims, and all affiliated marketing materials. If advertising is aimed at children, Ms. Hilfer can help ensure compliance with the Children’s Online Privacy Protection Act.

In the social and new media areas, Ms. Hilfer helps clients leverage social media platforms, while protecting their brands and intellectual property and staying compliant with emerging regulatory action. In particular, Ms. Hilfer is adept at drafting social media engagement policies that are tailored to the needs of particular clients. She also counsels on such issues as user-generated content, viral marketing, e-commerce agreements, blogs, affiliate marketing, mobile and e-mail marketing, and testimonials and endorsements in cyberspace.

In addition, Ms. Hilfer creates, structures, and ensures legal compliance of promotions (both off-line and on-line), including sweepstakes, contests, premiums, auctions, continuity programs, loyalty programs, instant win games, incentives, and coupons. Staying abreast of the maze of regulations in 50 states, Ms. Hilfer works with her clients to draft and review associated promotional rules, contracts, advertising, and direct mail. In the area of e-promotions, Ms. Hilfer advises on mobile phone and text messaging entry as well as the use of social media and user-generated content.

As an intellectual property specialist, Ms. Hilfer routinely advises companies on how to transform their ideas into legally protected copyrights and trademarks. Representing both licensors and licensees, she helps develop long-term business plans to maximize the value of their intellectual property portfolios. She assists in the development, use, maintenance, licensing and protection of their trademarks and copyrights, and she offers strategies for exploiting intellectual property in a global marketplace. In the world of e-commerce and social media, Ms. Hilfer counsels clients on the protection of their intellectual property and rights of publicity and privacy.

Ms. Hilfer is experienced at drafting art licenses, third party licensing agreements, promotion representation agreements, marketing representation agreements, publishing contracts, releases, employment contracts, consulting contracts, and commercial contracts.

Clients include or have included diversified international entertainment companies, advertising agencies, promotions houses, licensing agencies, direct mail developers, sports marketing companies, sports teams, public relations agencies, coaching agencies, premium fulfillment companies, graphic design companies, web site designers, web site owners, bloggers, artists, authors, photographers, and freelance workers.

Ms. Hilfer is an experienced neutral for the American Arbitration Association (AAA). Listed on the AAA’s Commercial, Intellectual Property, and Customer Account panels, Ms. Hilfer has served as sole arbitrator, chairperson of panels, and panel member on numerous arbitrations (including large complex cases) with damages ranging from hundreds of thousands of dollars to multimillion-dollar awards. She has heard cases in a broad range of industries: advertising, electronic retailing, intellectual property, publishing, public relations, talent management, sports management, event management, entertainment, infomercials, and art.

Ms. Hilfer is also a member of the City of New York Office of Administrative Trials and Hearings Contract Dispute Resolution Board. In this capacity, she receives appointments through the judicial system to hear disputes arising out of contracts between New York City and its vendors for goods, services, and construction.

Ms. Hilfer is active in various professional organizations and bar associations. She currently serves as Co-Chair of the Corporate Committee and Member of both the Intellectual Property and Alternate Dispute Resolution Sections at the Westchester County Bar Association. She is quoted by media as an expert on social media, advertising law, and intellectual property issues. In addition, since 1998, she has served on the Board of Editors for The Intellectual Property Strategist, an American Law Media publication.

Click here for Ms. Hilfer’s advertising and marketing law blog.