BOLO 2013: The Top 10 Ways for Agencies to Save $$ on Legal Fees
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share

BOLO 2013: The Top 10 Ways for Agencies to Save $$ on Legal Fees

  • 52 views
Uploaded on

From BOLO 2013 3P Track presentation by Sharon Toerek. The 3P Track is exclusively for agency partners, presidents and principals. Attend BOLO 2014 October 19-21, 2014 in Scottsdale:......

From BOLO 2013 3P Track presentation by Sharon Toerek. The 3P Track is exclusively for agency partners, presidents and principals. Attend BOLO 2014 October 19-21, 2014 in Scottsdale: www.boloconference.com

More in: Marketing
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
    Be the first to like this
No Downloads

Views

Total Views
52
On Slideshare
52
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
0
Comments
0
Likes
0

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide

Transcript

  • 1. The Top 10 Ways for Agencies to Save $$$ on Legal Fees Presented By: Sharon Toerek Licata & Toerek BOLO 2013 – 3P Session
  • 2. Have Model Client Contract Language • Important Terms: – Rights transfers or assignments: No $, no transfer! – Confidentiality – Restrictive Covenants (competitors, industry)
  • 3. Have a Model Freelancer Agreement • Important Terms: – IP Rights Assignments – Non solicitation and/or non competition covenants – Client and Agency confidentiality
  • 4. Use Copyright and Confidentiality Language in New Business Proposals • Put as much “ideation” in writing as possible during the pitch • Use copyright protection language • Use confidentiality language in proposals • Try to resolve the “pitch rights” issue in advance
  • 5. Perform Brand TM Screening Early • The earlier, the cheaper….. • Domain name availability ≠ TM availability • New Top Level Domain releases create additional TM headaches for brand adopters • Pre-screen before pitching the client on a brand
  • 6. Have Model Publicity Rights Releases • Have standardized release Agreements (include all uses and media) for: – Models – Property – “Man on the street” footage
  • 7. Track Asset License Dates & Terms • Photography license terms of use and expirations • Music license terms of use and expirations • Have a special docketing system for these rights and centralize the process
  • 8. Have Model Social Media and Content Marketing Policies • Harmonize these with your other Company policies • Include: – IP usage and protection policies (both CR and TM) – Disclosure and transparency requirements to satisfy FTC testimonial guidelines – Model policies for your blogger networks to use – Compliance mechanisms for your networks – Centralize social media access
  • 9. Audit Your Software Licenses Regularly • Make sure every machine and device has legit software licenses • Check this for all devices no less frequently than annually
  • 10. Review Errors and Omissions Coverage • Ensure policy limits comply with all client contracts • Check to ensure legal defense costs are covered • Determine whether your freelancers need their own E&O policies or are covered by yours
  • 11. Have Written Employment Agreements and Policies • Basic business legal policy; however: – Make sure IP rights are well addressed – Make sure moonlighting, client confidentiality, and restrictive covenants are addressed – Make sure social media, content marketing, and employment policies are all consistent
  • 12. Questions? Contact: Sharon Toerek Sharon@legalandcreative.com @SharonToerek Phone: 216.573.6000