Barry M. Benjamin

Partner
Kilpatrick Townsend & Stockton LLP

BARRY M. BENJAMIN chairs Kilpatrick Townsend & Stockton LLP’s Advertising and Marketing group, and is a partner in the firm’s New York office. He focuses on advertising, intellectual property, technology, and privacy law, where traditional and digital media converge, and where new distribution platforms and data gathering tools push the boundaries of technology, privacy, copyright, and content. As an experienced litigator, Mr. Benjamin handles false advertising, trademark, trade dress, and copyright claims, as well as class action defense, and general fraud and commercial claims. Mr. Benjamin also has extensive experience representing advertisers and marketers in regulatory investigations before government agencies and in competitor challenges through the self-regulatory process (NAD, CARU). Outside of the litigation context, Mr. Benjamin regularly negotiates technology contracts for clients in various industries, including traditional licensing, data sharing, software development, cloud computing, hosting agreements, and website development agreements, as well as advertising industry contracts such as agency-client deals, co-promotion, talent, endorsement and sponsorship agreements. He also reviews and advises on advertising campaigns, and drafts terms and conditions for all forms of marketing initiatives, including sweepstakes, contests, direct mail, telemarketing, and charitable marketing programs. Mr. Benjamin is a frequent speaker and author on advertising, marketing, privacy, and emerging media issues, and has written articles in many different publications.