Partner
CurrentBarry M. Benjamin chairs Kilpatrick Townsend’s Advertising and Marketing group and is a partner in the firm’s New York office. His practice focuses on advertising, privacy, and technology transactions, in areas where traditional and digital media converge, and where evolving distribution platforms and data gathering tools push the boundaries of intellectual property rights, privacy, technology, and content. Mr. Benjamin regularly advises clients small and large, from multinational corporations to start-up ventures, across numerous industries including retail, fashion, gaming, telecommunications, cosmetics, food and beverage, consumer products, and technology.Clients view Mr. Benjamin as a trusted advisor for assistance with disputes, often in the areas of false advertising, trademark, unfair competition, trade dress, and copyright, as well as general commercial and fraud claims. Mr. Benjamin has extensive experience representing companies in court, at the NAD, and with government investigations (FTC, State AG).Mr. Benjamin regularly negotiates technology and commercial contracts, including advertising agency-client deals, technology transactions, SaaS, PaaS, native advertising, influencer, and sponsorship agreements, website development, programmatic media transactions, email marketing and list rental agreements.With start-up, emerging growth companies, he assists with initial organization, financing, acquisition, and governance issues. Mr. Benjamin also has an extensive counseling practice, advising on advertising and marketing campaigns, and drafting terms for marketing initiatives, including sweepstakes, games, contests, fantasy sports, email, text messaging, and charitable marketing programs. He also assists clients with claim substantiation, consumer research, and product testing, with managing risks in social media engagement (rights of privacy and publicity, protection of intellectual property), and with the conduct of due diligence in transactions.
