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Kelly L. Whitehart
Partner
201 17th Street NW
Suite 1700
Atlanta, GA 30363
As Co-Chair of the firm's Advertising, Marketing, Sponsorship & Promotions Industry Group and known as a practical and business focused advisor, Kelly represents her clients in the corporate, IP, advertising, and marketing space. Leveraging her years of experience as a prior IP litigator to quickly spot risk areas, Kelly provides efficient, straightforward business solutions to...
As Co-Chair of the firm's Advertising, Marketing, Sponsorship & Promotions Industry Group and known as a practical and business focused advisor, Kelly represents her clients in the corporate, IP, advertising, and marketing space. Leveraging her years of experience as a prior IP litigator to quickly spot risk areas, Kelly provides efficient, straightforward business solutions to her clients that weigh the potential legal risks against the practical business needs and opportunities. Clients turn to Kelly for strategic counseling on the various legal and regulatory issues associated with advertising, marketing, social media promotion, sweepstakes and general corporate guidance. Elements of her practice include counseling clients on substantiation claims, comparison and compatibility claims, labeling and marketing disclaimers, sweepstakes, promotions, contests, gift card regulation, social media policies and compliance, false advertising, comparative advertising, and FTC regulations and compliance for marketing and advertising. Her clients in this space are national and international companies with various needs from sweepstakes compliance, to substantiation claims and comparative advertising guidance. Kelly is well versed in working with clients to expand their digital marketing presence and has advised on social media policies, FTC endorsement guidelines, user generated content rules and policies and influencer agreements over the course of her practice.
In addition to her expertise in the field of marketing and advertising law, Kelly has a knack for understanding her client’s business needs and counseling them on growth opportunities as well as risk areas. Kelly frequently counsels companies in the areas of mergers and acquisitions, supporting clients in both buying and selling their businesses. With her extensive experience in the IP and marketing space, Kelly is particularly well suited for identifying IP concerns in mergers and acquisitions and developing effective business solutions so as not to impact the success of the transaction. Clients frequently commend Kelly on her ability to provide real business solutions, not just legal advice.
her clients that weigh the potential legal risks against the practical business needs and opportunities. Clients turn to Kelly for strategic counseling on the various legal and regulatory issues associated with advertising, marketing, social media promotion, sweepstakes and general corporate guidance. Elements of her practice include counseling clients on substantiation claims, comparison and compatibility claims, labeling and marketing disclaimers, sweepstakes, promotions, contests, gift card regulation, social media policies and compliance, false advertising, comparative advertising, and FTC regulations and compliance for marketing and advertising. Her clients in this space are national and international companies with various needs from sweepstakes compliance, to substantiation claims and comparative advertising guidance. Kelly is well versed in working with clients to expand their digital marketing presence and has advised on social media policies, FTC endorsement guidelines, user generated content rules and policies and influencer agreements over the course of her practice.
In addition to her expertise in the field of marketing and advertising law, Kelly has a knack for understanding her client’s business needs and counseling them on growth opportunities as well as risk areas. Kelly frequently counsels companies in the areas of mergers and acquisitions, supporting clients in both buying and selling their businesses. With her extensive experience in the IP and marketing space, Kelly is particularly well suited for identifying IP concerns in mergers and acquisitions and developing effective business solutions so as not to impact the success of the transaction. Clients frequently commend Kelly on her ability to provide real business solutions, not just legal advice.
Experience
Representative Matters
- Counseled numerous buyers and sellers in connection with mergers, stock sales, asset sales, and similar transactions
- Represented global tire manufacturing company in review of all national sweepstakes promotions activated across various digital media platforms
- Represented nationally recognized jewelry brand in multiple online sweepstakes and in-store promotions designed to drive brand awareness
- Represented a regulated beverage company in an online sweepstakes and corresponding point of sale promotion designed to drive brand awareness and loyalty and promote new product offerings
- Represented regulated financial technology company in market-based sweepstakes to support community and other marketing initiatives
- Represented an author in negotiating a book deal with a large publishing house
- Represented author and cooking show personality in negotiations for a new international cooking network series
- Represented writer and production company with negotiation of TV pilot with the BBC
- Drafted and negotiated social media policies and agreements for a large regional bank, including Consumer Review Fairness Act compliance rules and endorsement guidelines
- Drafted and negotiated influencer agreements for a large retail brand and associated compliance policies
- Drafted and negotiated influencer agreements for a global tire manufacturer and associated compliance policies
- Created governance and compliance processes outlining acceptable interactions between the marketing teams and consumers via social media
- Counseled large consumer products brand company on data privacy issues in connection with use of social media platforms for marketing initiatives
- Worked with in-house marketing team at a large consumer products company to review and revise all promotional, point of sale and advertising materials
Previous Professional Experience
- Partner, Atlanta office of international law firm (2015–2017)
- Of Counsel, Atlanta office of Southeastern law firm (2013–2015)
- Associate, Atlanta office of international law firm (2003–2013)
Education
-
Emory University School of Law,
JD
(2003)
- Web Editor, Emory International Law Review
- University of North Carolina at Chapel Hill, BA, with honors (2000)
Admissions
- Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
- U.S. Bankruptcy Court for the Northern District of Georgia
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Eleventh Circuit
Practice Areas
Representative Matters
- Counseled numerous buyers and sellers in connection with mergers, stock sales, asset sales, and similar transactions
- Represented global tire manufacturing company in review of all national sweepstakes promotions activated across various digital media platforms
- Represented nationally recognized jewelry brand in multiple online sweepstakes and in-store promotions designed to drive brand awareness
- Represented a regulated beverage company in an online sweepstakes and corresponding point of sale promotion designed to drive brand awareness and loyalty and promote new product offerings
- Represented regulated financial technology company in market-based sweepstakes to support community and other marketing initiatives
- Represented an author in negotiating a book deal with a large publishing house
- Represented author and cooking show personality in negotiations for a new international cooking network series
- Represented writer and production company with negotiation of TV pilot with the BBC
- Drafted and negotiated social media policies and agreements for a large regional bank, including Consumer Review Fairness Act compliance rules and endorsement guidelines
- Drafted and negotiated influencer agreements for a large retail brand and associated compliance policies
- Drafted and negotiated influencer agreements for a global tire manufacturer and associated compliance policies
- Created governance and compliance processes outlining acceptable interactions between the marketing teams and consumers via social media
- Counseled large consumer products brand company on data privacy issues in connection with use of social media platforms for marketing initiatives
- Worked with in-house marketing team at a large consumer products company to review and revise all promotional, point of sale and advertising materials
Previous Professional Experience
- Partner, Atlanta office of international law firm (2015–2017)
- Of Counsel, Atlanta office of Southeastern law firm (2013–2015)
- Associate, Atlanta office of international law firm (2003–2013)
Media
Recognitions
- Super Lawyers Rising Star - Intellectual Property (2009–2017)
Professional Activities
- American Bar Association
- Atlanta Bar Association
- Intellectual Property Section, Board Member and Programs Committee Chair
- State Bar of Georgia
- Technology Section Litigation Committee
Community
- Atlanta Volunteer Lawyer Foundation
- Crabapple Crossing Elementary School PTO
- Northwestern Middle School PTO
- UNC Alumni Atlanta Chapter
As Co-Chair of the firm's Advertising, Marketing, Sponsorship & Promotions Industry Group and known as a practical and business focused advisor, Kelly represents her clients in the corporate, IP, advertising, and marketing space. Leveraging her years of experience as a prior IP litigator to quickly spot risk areas, Kelly provides efficient, straightforward business solutions to... her clients that weigh the potential legal risks against the practical business needs and opportunities. Clients turn to Kelly for strategic counseling on the various legal and regulatory issues associated with advertising, marketing, social media promotion, sweepstakes and general corporate guidance. Elements of her practice include counseling clients on substantiation claims, comparison and compatibility claims, labeling and marketing disclaimers, sweepstakes, promotions, contests, gift card regulation, social media policies and compliance, false advertising, comparative advertising, and FTC regulations and compliance for marketing and advertising. Her clients in this space are national and international companies with various needs from sweepstakes compliance, to substantiation claims and comparative advertising guidance. Kelly is well versed in working with clients to expand their digital marketing presence and has advised on social media policies, FTC endorsement guidelines, user generated content rules and policies and influencer agreements over the course of her practice.
In addition to her expertise in the field of marketing and advertising law, Kelly has a knack for understanding her client’s business needs and counseling them on growth opportunities as well as risk areas. Kelly frequently counsels companies in the areas of mergers and acquisitions, supporting clients in both buying and selling their businesses. With her extensive experience in the IP and marketing space, Kelly is particularly well suited for identifying IP concerns in mergers and acquisitions and developing effective business solutions so as not to impact the success of the transaction. Clients frequently commend Kelly on her ability to provide real business solutions, not just legal advice.
Experience
The following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Counseled numerous buyers and sellers in connection with mergers, stock sales, asset sales, and similar transactions
- Represented global tire manufacturing company in review of all national sweepstakes promotions activated across various digital media platforms
- Represented nationally recognized jewelry brand in multiple online sweepstakes and in-store promotions designed to drive brand awareness
- Represented a regulated beverage company in an online sweepstakes and corresponding point of sale promotion designed to drive brand awareness and loyalty and promote new product offerings
- Represented regulated financial technology company in market-based sweepstakes to support community and other marketing initiatives
- Represented an author in negotiating a book deal with a large publishing house
- Represented author and cooking show personality in negotiations for a new international cooking network series
- Represented writer and production company with negotiation of TV pilot with the BBC
- Drafted and negotiated social media policies and agreements for a large regional bank, including Consumer Review Fairness Act compliance rules and endorsement guidelines
- Drafted and negotiated influencer agreements for a large retail brand and associated compliance policies
- Drafted and negotiated influencer agreements for a global tire manufacturer and associated compliance policies
- Created governance and compliance processes outlining acceptable interactions between the marketing teams and consumers via social media
- Counseled large consumer products brand company on data privacy issues in connection with use of social media platforms for marketing initiatives
- Worked with in-house marketing team at a large consumer products company to review and revise all promotional, point of sale and advertising materials
Previous Professional Experience
- Partner, Atlanta office of international law firm (2015–2017)
- Of Counsel, Atlanta office of Southeastern law firm (2013–2015)
- Associate, Atlanta office of international law firm (2003–2013)
Education
-
Emory University School of Law,
JD
(2003)
- Web Editor, Emory International Law Review
- University of North Carolina at Chapel Hill, BA, with honors (2000)
Admissions
- Georgia
- Supreme Court of Georgia
- Georgia Court of Appeals
- U.S. Bankruptcy Court for the Northern District of Georgia
- U.S. District Court for the Middle District of Georgia
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Eleventh Circuit
Practice Areas
- Intellectual Property Litigation
- Trademarks & Copyrights
- False Advertising & Unfair Trade Practices
- Mergers & Acquisitions
Industries
- Super Lawyers Rising Star - Intellectual Property (2009–2017)
- American Bar Association
- Atlanta Bar Association
- Intellectual Property Section, Board Member and Programs Committee Chair
- State Bar of Georgia
- Technology Section Litigation Committee
- Atlanta Volunteer Lawyer Foundation
- Crabapple Crossing Elementary School PTO
- Northwestern Middle School PTO
- UNC Alumni Atlanta Chapter
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