Marketing

Herrington Carmichael is a full service law firm offering legal advice to UK and international businesses as well as individuals and families.

We understand that in today’s competitive business landscape, having a well-defined marketing strategy is crucial for the success of any organisation. A sound marketing strategy serves as a roadmap, guiding all marketing efforts towards achieving specific business goals and objectives. It helps businesses identify their target audience, understand their needs and preferences, and develop effective messaging that resonates with them. Legal advice is key component in a great marketing and media project to ensure that projects are legally sound to avoid any repercussions, for example brand damage and fines.

Having a strong set of terms and conditions is the basis of any solid business relationship. We can provide bespoke terms and conditions which can be adapted on a case-by-case basis.

Alternatively, we offer Commercial Contract Reviews which are an effective way for your business to review commercial contracts quickly and cost effectively based on a limited review of only the most fundamental provisions.

For our media and marketing clients, we ensure that general terms and conditions are tailored to cover off their industry specific requirements.

What are the benefits of a Commercial Contract Review?

  • By reviewing specific terms of your key contracts, costs can be reduced and time savings can be achieved. As the saying goes, an ounce of prevention is worth a pound of cure.
  • By identifying legal blind spots and implementing workarounds leads to smart working.
  • By identifying legal risk in a business, actions can be implemented to reduce exposure to financial risk such as fines for noncompliance, damages for breach or damages from claimants.

What's included in the commercial contract review?
Reviewing the contract and preparing a high-level report in relation to the key legal risks associated with the contents and omissions of the contract. It is a high-level review rather than a full review, focussing on key issues rather than providing a full contract commentary. A few examples of clauses we would review would be:

  • Term
  • Limits of liability
  • Confidential Information definition
  • Confidential information not covered
  • Change of control
  • Governing law
  • Jurisdiction

Whilst we are English law advisors, we are experienced in managing international projects, working with local lawyers to ensure that projects are efficiently delivered on time.

We understand that a 'one size fits all' approach offered by standard terms and conditions is not always conducive to the project in question.

We offer bespoke contract services where will typically have an introductory call to find out more about the services you are providing and then create bespoke terms that protect your position and brand. Sometimes agreements will need to be tailored around specific deals and we have a breadth of experience in ensuring the deal can cross the finishing line whilst taking into account your businesses individual requirements. We work with media and entertainment clients to ensure relevant IPR ownership and licensing provisions are implemented, together with appropriate allocating of risk.

Benefits of bespoke agreements:

  • Tailored to the specific needs of the parties
  • Can help to avoid disputes
  • Protects your interests
  • Can be a valuable investment

Commercial Contract Services & FAQs

Our Social Media Lawyers offer our clients support in talent and influencer representation and engagement – to ensure that they always stay ahead of the curve in the fast-paced and dynamic sector that is social media. We provide pragmatic guidance to help our clients navigate the commercial and regulatory landscapes and cover a broad range of topics, such as compliance with regulatory codes, licensing, notification requirements, and regulatory interventions. We also assist with the practical elements of a deal, including negotiating influencer agreements and brand partnerships and registering trademarks.

We have experience in providing advice to both clients based in the UK and clients overseas on the advertising laws and rules that must be adhered to when advertising within the UK.

Areas of expertise involve:

  • Influencer agreements
  • Defamation on social media
  • Harassment on social media
  • Online terms and conditions
  • Social media copyright issues
  • Social media policy for employers
  • Licensing agreements, including music licensing
  • Talent agreements
  • Joint Ventures
  • Software as a Service Agreements
  • Services Agreements
  • Terms & Conditions
  • Shareholder Agreements

Social Media Services & FAQs

Our team of experienced media lawyers can provide specialist legal training on media law and relevant topics, tailored to suit your business.

We are able to offer training onsite, at our offices, or an location of your choosing. Alternatively, we can provide training remotely using video conferencing facilities.

Training sessions are tailored to meet the needs of your business, addressing repeated issues or new issues your business might face and provide updates on legal developments. We are experienced in providing training to staff across all departments, including in-house legal counsel and sales teams, to ensure that they are updated and aware of current media law and / or relevant media and entertainment topics which might affect them in their roles.

Some examples of topics include:

How can my business optimise influencer marketing?

  • What are the laws around influencer marketing?
  • What type of agreements should I have in place and what are the key commercial risks my business should consider when engaging with an influencer?
  • What is the CAP code and how it is enforced if there is a breach?
  • What are our top tips are on ensuring your brand is protected?

Training can be provided as a one-off refresher course, or as a point of an ongoing compliance programme.

Intellectual Property encompasses a vast and diverse array of business property from software and other copyright materials, to designs and logos and inventions and processes. The laws surrounding Intellectual Property fall into a number of areas, copyright, trade marks, design rights and patents.

Our Intellectual Property team have assisted start-ups through to multi-national businesses protecting their IP. How can we help you:

  • Copyright & Trade Marks
  • Brand Protection
  • Buying and Selling Intellectual Property Rights
  • Intellectual Property Licences
  • IP Disputes
  • Outsourced IP Services
  • Protecting a Design
  • Training and Workshops

Intellectual Property Services & FAQs

Data is a valuable business asset and data protection compliance is a critical issue for companies and individuals alike. Our expert data protection lawyers regularly advise on a variety of complex data protection issues. Our services include:

  • Data Breaches
  • Employment Data Protection
  • Subject Access Requests
  • Compliance
  • Disputes
  • Audits
  • Policies

In addition, we also advise on a wide range of data protection matters, such as:

  • The use of cookies and other tracking technologies
  • The transfer of personal data to third countries
  • The use of personal data for marketing purposes

Whether you have just established your company or are an experienced data protection officer, our understanding of the market and law means we are able to apply a commercial and contractually sound perspective to our support and advice.

Data Protection Services

Our Dispute Resolution lawyers cover a full range of disputes from the complex and high value to the more modest. We represent clients in the courts, arbitration tribunals and use alternative procedures, including mediation, to resolve disputes.

Our Dispute Resolution team can support you with:

  • Asset Recovery
  • Business Disputes
  • Data Protection Breach
  • Land & Property Disputes
  • Intellectual Property Disputes
  • Professional Negligence
  • Debt Recovery

Dispute Resolution Services

Key contact

Cesare McArdle PNG
Cesare McArdle
Partner

What our clients say about us

We were very happy with our service. Being first-time buyers and brand new to the property world, Annari & Mary-Jayne relieved all of our worries and made our journey very stress-free and relatively easy. Thank you.

We received excellent support in reviewing and modifying our Wills to our latest needs. The communication has always been straightforward and very effective and we achieved the objectives we set at the beginning of the process. Strong expertise and legal knowledge have been key to the successful completion.

It was a very straightforward process & Charlotte explained everything clearly to us in a very friendly way & answered any queries we had. It was a pleasure to have her deal with this matter, and I would certainly come to your firm of solicitors on that basis. Thank you so much.

Paul provided calm, helpful, constructive and thorough advice on my matter and I will be in touch again to progress.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off too make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the entire process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

The service we received was exceptional. We were always updated and Annari would answer any questions I had immediately. Keep doing what you do Annari. Thank you so much for everything, and Amy too.

Thanks again, we’ve always felt in good hands. It is for this reason we’d highly recommend Herrington Carmichael and especially Annari.

Annari is an excellent Solicitor. We have always used her services for all of our property conveyancing jobs. She is a valuable asset to your company.

We had the pleasure of working with Annari on buying our very first house. We would like to take this opportunity to let you know how efficient Annari was throughout the enitre process. Annari really helped to make buying our first home an easy process! She absolutely went above and beyond her call of duty.

Both Holly Bray & Jessica Brooke were fantastic from start to finish on the purchase of my new build property. Nothing was an issues for them and I didn’t need to chase them for anything at all. I was kept well informed all the way through the process to completion and everything was dealt with in a very pleasant and professional manner. I would happily recommend Herrington Carmichael to anyone looking for a conveyancer for the purchase of their property. 5 stars.

From start to finish Herrington Carmichael staff have been excellent. Communication has been second to none and cannot fault them for everything. Would not hesitate to recommend them to anyone looking for a reliable, friendly and very efficient service.

Being first time buyer, Holly was very helpful in explaining the process and expediting all the things. Thank you very much for quick process.

Professional service, nice communication, I would have no hesitation in recommending and will be using them again in the near future.

They were super helpful, very efficient and had timely communication. I would use them again and recommend them to friends and family.

Laura and Amy have both been fantastic throughout the whole process. Both were very patient with any questions we had. Everything was made easy for us, making our first house purchase painless and enjoyable. We will certainly be using your company again. Thank you all so much.

Madelyn was always helpful, kind & supportive throughout.

Madelyn Wellstead is a fantastic Senior Apprentice Solicitor who worked on a family law case involving myself and my son. During her time working on my case she was extremely professional and supportive throughout. My case was a very complex case and had alot of ups and downs but Madelyn at all times kept Me informed and up to date. I would highly recommend her as very competent and very knowledgeable and an over all very nice decent person.

Over the past few months Nicole Miller, a Legal Director in Herrington Carmichael’s Private Wealth and Inheritance Department, has provided outstanding service in creating a trust for our family. From the outset, Nicole was professional, knowledgeable, and incredibly reassuring, guiding us through what could have been a complex process with clarity and patience. She took the time to understand our circumstances fully and explained everything in straightforward terms, ensuring we felt confident at every stage.

Nicole’s expertise, attention to detail, and responsive communication gave us complete peace of mind. She handled our matter with both precision and genuine care, making us feel that our family’s interests were truly valued. We are extremely grateful for her support and would wholeheartedly recommend her to anyone seeking expert and compassionate private wealth advice.

Considering the mess I was in when I first met you, I’ve managed to stay intact and that’s mostly down to your advice keeping me on the straight and narrow. For that I will always be grateful.

I just wanted to write a huge thank you for all your help and support during my recent divorce proceedings. There were times when it seemed things would never get resolved but thankfully with your guidance everything went relatively smoothly in the end.

What a joy to deal with a personable, on the ball and helpful individual! You do your organisation a great service helping clients now during Covid as you are, and I would not think twice about using your services in the future. Thank you for being you and going the extra mile!

Throughout the whole process, Roisin acted quickly on all aspects, was easy to get hold of, responded with pace and communicated fantastically, always finding effective ways to translate complex legal jargon into layman’s terms. Roisin is clearly operates at the top-end of her profession and as such, is someone I would wholeheartedly recommend.

I opted to use Roisin at Herrington-Carmichael to support with my purchase & sale as a result of her personable manner. Roisin made me feel that she had my best interests at heart and that I wouldn’t be just another transaction. Roisin more than lived up to my first impression, in fact I attribute the successful completion of my sale and purchase – which all but fell-through at the eleventh hour – to her tenacity, expertise and willingness to go above and beyond.

It’s been a pleasure working with you on my new venture. Your tenacious professional approach to the task in hand, has been refreshingly inspiring to say the least.

Sarah and her team have made this difficult time much better by the way they dealt with my case. The process was straightforward and i would use Sarah again without hesitation.

Sarah was very thorough, extremely knowledgeable but remained personable throughout making me feel at ease when needed.

Thank you again for all your help with what I have been through over the last year and a half. You gave me the confidence and belief to get through what has been the toughest time in my life. (You’ve got this) Thank you.

I can't thank Aadil and Madelyn enough for what they did for me in such a short space of time. I had previously used Aadil and didn't hesitate to contact him again regarding the issue I had.

Aadil has been representing my son through a very challenging child custody/recovery case. His help and knowledge has been fantastic. He went above and beyond working on his day off to make sure court papers were delivered on time. I wouldn't hesitate to recommend Aadil.

I can honestly say that i have never received such good service from a solicitor ( and I’ve bought and sold many houses!!) as I have from Leo. He has been so professional, responsive and pro-active - it has made a huge difference to us during this process. I do hope that you recognise him for such good service and advice. Many thanks to all.

I have had the pleasure of working with Liz on several complex property purchases, including overseas based companies and legal opinions, commercial leases analysis, building contracts assignments and collateral warranties. On each occasion, Liz has acted promptly, kept me appraised of the progress and demonstrated excellent commercial awareness and professionalism in dealing with client’s solicitors, in order to meet tight completion deadlines. I have no hesitation in recommending Liz for all property related legal matters.

I also would like to specifically recognise Rachel Duncan, Partner Real Estate, for her outstanding support. Her expertise in real estate, particularly within the housing sector, has been exceptional. She provided clear, pragmatic advice on a complex matter, helping us navigate potential disputes and avoid unnecessary costs.....Her practical, solution-focused approach, combined with her responsiveness and professionalism, made a significant difference. She is a real asset to the firm.

The property team have been diligent, timely and highly responsive. This has allowed us to focus on our developments knowing that the matter is in capable hands.

I am delighted with the level of service and advice I got from Rachel. I felt in a safe pair of hands which took the stress out of negotiating the lease with our new landlord. It allowed me to focus on the fit out of our larger office.

She has always been extremely knowledgeable and professional, providing fantastic support and skill across all property transactions.

Thanks for all your help with the finalising the renewal lease for our tenant company in Ottershaw. You ensured that the process went smoothly and we were able to discuss various aspects of the renewal and decide which factors were relevant to this transaction and which ones were optional.

We used Herrington Carmichael to assist with a neighbour dispute regarding trespassing. With Daniel’s support, we were able to achieve our desired outcome in a timely manner. Daniel was approachable, clear in his communication and instructions, and provided us with well-informed advice on the best options for resolution. All communication was transparent, and any costs incurred were clearly explained in advance before work was undertaken. We would not hesitate to use Herrington Carmichael again for any future legal services and would definitely recommend them to others.

Professional, informative and would recommend.

Thank you so much, Thomas, for your hard work, persistence and patience throughout the process of getting the required documentation over the line by the deadline. It certainly was a challenging and frustrating time with quite a few obstacles thrown in our way, but your determination got us there.

I would love to start by saying our experience with Herrington Carmichael has been amazing from start to finish, and I would highly recommend the firm. Thomas Joucan was absolutely brilliant, and I couldn’t be any happier with his professionalism and absolute integrity, with such speedy replies and getting all aspects of our purchase and sale tied in seamlessly. Without doubt a brilliant, honest and professional solicitor with a big future ahead.

Tim Hardesty is our residential development lawyer. He is a good lawyer and has offered very sound advice. He is able to provide advice on land purchasing, planning, SDLT and issues that impact on the land buying process. What I like about Tim is that he doesn’t use legal jargon and has a common-sense approach to land buying. He is proactive in getting deals done and, importantly from my perspective, doesn’t hold deals up over unimportant legal points. He is also very personable, and well known and liked by other professionals.

We've had a great experience with Herrington Carmichael when buying our first house! All of this was completely new to us and they made sure the process was smooth and easy! Lisa has been amazing and was a recommendation from some other family members who have used her in the past. Thanks again.

I have thoroughly enjoyed working with you. Your professional advice, responsiveness and straightforward approach have been invaluable.

I recently had the pleasure of working with Herrington Carmichael and I can't express how grateful I am for their support and expertise. From our very first interaction, they made me feel valued and understood my needs. Their professionalism and attention to detail were evident in every step of the process. The team was always available to answer my questions and provided clear explanations of the legal jargon, which made everything much more manageable. They navigated the complexities of my purchase with such skill and care, ensuring that I was informed and comfortable at every stage. It was clear that they were committed to achieving the quick turn around from agreement to completion, and their hard work truly made a difference. I could not have asked for a better solicitors in what could have been a stressful experience. I highly recommend Herrington Carmichael to anyone in need of legal services. Their dedication and proficiency are unparalleled, and I am incredibly thankful for the support they provided. Thank you for making this journey so positive!

It was a pleasure working with Liz and Hannah on this transaction, securing crucial funding for an iconic hotel in South Devon. The communication and commercial guidance from Liz, Hannah and the wider Herrington Carmichael team was first rate throughout. I would not hesitate in recommending them for future transactions and look forward to working with the team again soon.

Dealing with Hannah was very easy. She was very helpful and professional.

Absolutely spot on - well done. I cannot be more thankful to all of you for being extremely helpful and professional right from day one. Special thanks to Hannah for getting everything sorted out at the last minute. Thank you for the excellent service and helping us out at every stage of our first house purchase. You will always be remembered!

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Meet our experts

Dedicated professionals ready to assist you.

Mark Chapman PNG
Mark Chapman
General Counsel, Head of Commercial & Regulatory
Cesare McArdle PNG
Cesare McArdle
Partner
Christine Tretzmueller-Szauer PNG
Christine Tretzmueller-Szauer
Legal Director
Rhian Hazeldene PNG
Rhian Hazeldene
Solicitor
Esther Michael-John PNG
Esther Michael-John
Solicitor
Shen
Shennind Awat-Ranai
Solicitor
Siddhartha Saxena PNG
Siddhartha Saxena
Senior Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

This will be dependent on the type and nature of the project. At Herrington Carmichael, we always take the time to understand whether standard terms and conditions would be needed, or whether bespoke agreements should rather be in place. We have experience in drafting and negotiating an array of media law focused agreements, including influencer agreements, general terms and conditions, collaboration agreements, joint venture agreements to name a few.

Within the media realm, there are a large variety of legislation and regulations that apply which include UK and EU GDPR, data protection laws, intellectual property laws, advertising regulations (ASA, with the CAP and BCAP codes), Privacy and Electronic Communications Regulations, to name a few. The newly pledged Media Bill, however, will update decades-old legislation to ‘unleash the power of British broadcasters to attract bigger audiences in the UK and abroad’.

Influencer marketing is a strategy where brands collaborate with individuals who have a significant and engaged following on social media platforms to promote their products or services. These individuals, known as influencers, leverage their credibility, expertise, or popularity to endorse and showcase the brand’s offerings to their audience, aiming to influence consumer behaviour and drive sales. The collaboration often involves a mutually beneficial relationship where influencers receive compensation, products, or other incentives in exchange for promoting the brand to their followers.

There are a number of potential sanctions for breach of advertising and marketing laws. For example, The Advertising Standards Authority (ASA) can issue civil penalties of up to £500,000 for breaches of the Advertising Code. Also, businesses that engage in misleading or deceptive advertising can be prosecuted under the Consumer Protection from Unfair Trading Regulations 2008. This can result in fines of up to £5 million for businesses and up to two years’ imprisonment for individuals. Further, businesses may also be liable for damages to consumers who have suffered loss as a result of the breach. Non-compliance with marketing and advertising laws can also damage a business’s brand and reputation and make it difficult to attract and retain customers.

Training in this area encourages a culture of protecting the brand identity and legal compliance. Employees become more aware of the value of the brand, importance of protection and ways to protect the brand while preventing dilution or misrepresentation of the brand. In order to utilise media law focused initiatives, it is important to ensure your brand is reflected in a way that is legally compliant but also aligns throughout the business to avoid inconsistencies in the overall message of such branding.

We will provide information on various avenues that can be explored to enable your business to increase its revenue. Advice on intellectual property registration, licensing deals and partnerships can generate additional income and contribute to your businesses overall financial growth.

Whether the workshop is attended by just your marketing department or opened up to the wider team, you will receive knowledge to safeguard your brand and ensure that your media projects and strategies are both commercially and legally sound. We can provide you with an understanding on the general marketing and advertising regulations as well as offer advice on ensuring the overall branding of the business is protected.