Jason S. Howell
- Firmwide Chair, Advertising, Marketing & Promotions Practice
Jason advises businesses ranging from startups to Fortune 50 companies on marketing, advertising, public relations, branding, consumer protection, and regulatory compliance issues.
Jason Howell represents companies in the retail, entertainment, gaming, software, internet, food and beverage, and advertising industries on a wide spectrum of marketing and consumer protection issues. These include advertising claims and substantiation, price and discount advertising, influencer programs, loyalty programs, marketing and sponsorship agreements, recurring subscription programs, generative AI issues, product launch and development, and more. He also represents clients in false advertising, trademark, and unfair competition disputes, and positions clients for success by auditing and creating in-house marketing and advertising compliance programs.
Advertising and Marketing Counsel
Jason audits ad copy, marketing materials, websites, software apps, social media content, and labeling to identify issues involving false advertising, claim substantiation, regulatory compliance, intellectual property infringement, and publicity rights. He also assists clients on compliance with Federal Trade Commission rules and guidelines as well as on how to avoid consumer, competitor, and regulator challenges associated with marketing campaigns.
Marketing and Media Transactions
Jason drafts and negotiates advertising, licensing, and media and entertainment agreements. These include, for example, advertising and creative services agreements, ad agency agreements, sponsorship agreements, celebrity endorsement and spokesperson agreements, influencer agreements, co-marketing agreements, media buy agreements, media and liability releases, and trademark and content license agreements.
Marketing Compliance
Jason advises brands on state, federal, and international marketing and regulatory compliance issues, including on various Federal Trade Commission and state rules and guidance that applies to digital marketing, websites, apps, product packaging, and more. He also works with brands to develop marketing compliance playbooks and set up compliance programs for in-house legal and marketing teams.
Promotions Counseling
Jason counsels brands on U.S. and international contests, sweepstakes, free giveaways, sales, and promotional offers and discounts. In doing so, he advises on legal compliance issues; drafts promotion rules, terms, and disclosures, and drafts and negotiates related agreements, such as co-marketing, promotion services, and media agreements.
Intellectual Property Prosecution and Portfolio Management
Jason manages U.S. and worldwide trademark and domain name portfolios, and advises brands on trademark and copyright clearance, registration, and protection. He also conducts due diligence reviews of websites, software apps, social media content, and packaging for intellectual property, advertising, and publicity rights issues.
Areas of focus
Industries
Services
Education & Credentials
Education
- New York University School of Law, LL.M., Trade Regulation, 2002
- University of Oregon School of Law, J.D., 2001
- University of Oregon, B.A., English Literature, 1998
Bar and Court Admissions
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Washington
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New York
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Massachusetts
Related Employment
- Seattle University, Law and the Arts, Adjunct Professor, 2009-2013
- Cohen, Pontani, Lieberman & Pavane, New York, NY, Associate, 2005-2006
Professional Recognition
Listed in Chambers USA as "America's Leading Lawyers" for Advertising: Transactional & Regulatory, 2021-2024
Listed in The Best Lawyers in America: Advertising Law, 2023-2024; Trademark Law, 2024
Listed in Washington Law & Politics, "Rising Stars of Washington Law," 2011-2012
Insights
News
Professional Experience
Advertising, Marketing & Promotions
Advertising and Product Counsel for Software Company
Advised multinational software company on truth-in-advertising, terms of use, and intellectual property issues related to artificial intelligence offering.
Advertising Counsel for Apparel Retailers and Manufacturers
Counseled national apparel brands on advertising, marketing, and promotions issues, including truth-in-advertising, sustainability claims and substantiation, recurring subscription programs, and promotions.
Advertising and Promotions Counsel for Software Manufacturers
Counseled multinational software brands on advertising, marketing, and promotions issues, including advertising claims and substantiation, price and sale advertising, recurring subscription programs, social media marketing, contests and sweepstakes, influencer agreements, ad agency agreements, and publicity releases.
Marketing Counsel for Gaming and Technology Product Manufacturers
Counseled multinational tech brands on advertising, marketing, and promotions issues, including advertising claims and substantiation, price and sale advertising, social media marketing, influencer programs, and new product development and launches.
Advertising and Promotions Counsel for Food and Beverage Retailers and Manufacturers
Counseled multinational food and beverage brands on advertising, marketing, and promotions issues, including advertising and labeling claims, advertising claim substantiation, price and sale advertising, recurring subscription programs, social media marketing campaigns, influencer programs, celebrity endorsement agreements, contests and sweepstakes, ad agency agreements, and publicity and media releases.
Counsel for Challenges to Competitor Advertising
Represented consumer product and software companies in false advertising challenges brought against competitors at the National Advertising Division (NAD).
Marketing and Regulatory Counsel for Consumer Products Retailer and Manufacturer
Counseled multinational retailer on various consumer protection and regulatory issues, including on advertising claims, new product development and launches, contests and sweepstakes, and state and city-level consumer protection issues.
Marketing and Regulatory Counsel for National Food Delivery Service
Counseled food delivery service on marketing claims and automatic recurring subscription billing laws.
Advertising and Promotions Counsel for Game Companies
Counseled video game companies on advertising and promotions compliance issues.
Trademark & Copyright
Authorship Dispute Resolution
Successfully negotiated the settlement of a copyright dispute between authors.
Trademark Portfolio Management for Manufacturer of Telecommunications Products
Worked with internationally-known manufacturer of telecommunications hardware and software to prosecute domestic and foreign trademarks.
Trademark Rights Enforcement for Chef
Worked with nationally acclaimed chef to enforce trademark rights.
Trademark Rights Enforcement for Coffee Manufacturer and Retailer
Successfully negotiated the settlement of a trademark dispute between competing coffee retailers.
Technology Transactions & Privacy
Brand Ambassador and Celebrity Endorsement Agreements for Food Manufacturers
Drafted and negotiated Brand Ambassador and Endorsement Agreements for national food brands.
Co-branding Agreement for Online Service Provider
Drafted and negotiated Co-branding Agreement for nationally-known online service provider.
Content Licenses and Internet Advertising Agreements for Online Retailer
Reviewed and counseled online retailer regarding Content Licenses and Internet Advertising Agreements.
Internet Advertising Agreement for Real Estate Company
Reviewed Internet advertising services agreement on behalf of a national real estate developer involving significant intellectual property ownership, clearance and indemnification and liability issues.
Performer and License Agreements for Performing Arts Organization
Responsible for drafting Performer and License Agreements for internationally-known performing arts organization.