Bill Heberer focuses his practices in the areas of marketing, advertising, internet, gaming, and intellectual property law. His clients include national advertisers, direct-to-consumer and affinity marketers, internet retailers, fantasy sports and skill gaming sites, ad agencies, media companies and loyalty program operators.
Mr. Heberer advises clients with respect to compliance with a variety of laws, including those relating to consumer protection, telemarketing, e-mail and other direct marketing campaigns, e-commerce, privacy and data security. He reviews copy and concepts for all types of marketing, advertising and promotional initiatives and regularly assists clients in the development of data collection and privacy practices and policies, in the handling of regulatory and consumer inquiries and complaints, and in the protection, enforcement and exploitation of intellectual property rights. Bill has particular experience in counseling clients with regard to the development and operation of loyalty programs and various affinity marketing and sponsorship relationships. He has drafted and negotiated a wide range of agreements, including affiliate marketing agreements, sponsorship and talent agreements, content and intellectual property licenses, ad agency/client agreements, online advertising agreements, list rental and data transfer agreements, website terms of service and privacy policies, merchant processing, and various vendor and fulfillment agreements. He represents clients before regulators such as the Federal Trade Commission, U.S. Postal Inspection Service, New York Consumer Protection Board and state attorneys general, and industry self-regulatory bodies such the National Advertising Division of the Council of Better Business Bureaus. He has also represented litigants in federal trademark, copyright, unfair competition and right of publicity actions and inter partes proceedings before the U.S. Trademark Trial and Appeal Board.
Mr. Heberer participates in the legal affairs committees of the Electronic Retailing Association and Promotion Marketing Association and over the past several years has been actively involved in the drafting and submission of comments for those associations in connection with Federal Trade Commission rulemakings under the Telemarketing Sales Rule and Can-Spam Act. He has also served on the Board of Directors of the New York Metro Chapter of the American Teleservices Association, participated in the International Trademark Association’s Brand Name Education Foundation, and been actively involved in the Fantasy Sports Trade Association. He is a frequent speaker on advertising, marketing and intellectual property issues and has been quoted in periodicals such as Sports Illustrated, USA Today, Dallas Morning News and San Francisco Chronicle, and interviewed on CNN, CNBC and NY1. Bill has served as the legal columnist for CRMxchange.com, a web site devoted to customer relationship management issues, and is the co-author of ‘Intellectual Property, Due Diligence and Security Interest Issues in Mergers and Acquisitions,’ a chapter from the book Intellectual Property Assets in Mergers and Acquisitions published by John Wiley & Sons, Inc. He is also a contributor to the American Bar Association’s soon-to-be published Consumer Protection Law Developments treatise.
Hofstra University School of Law, J.D. 1995
Managing Editor, Hofstra Law Review, 1994-1995
Vanderbilt University, M.B.A. 1989
Hofstra Univeristy, B.B.A. 1987
Mr. Heberer is admitted to practice in New York. In addition, he is also admitted to practice before the U.S. District Court, Southern and Eastern Districts of New York, and the U.S. Court of Appeals, Second, Sixth and Seventh Circuits.
‘Protecting Your Promotions’-Association of National Advertisers’ Advertising Law & Public Policy Conference, March 2010
‘Understanding Web 2.0 and Social Media’-Fair Media Council’s Connection Day Conference, October 2009
‘Understanding & Complying With Sweepstakes and Promotions Law: Fantasy Sports’ - NY City Bar Association CLE Seminar, December 2008
‘Unprotected In The Safe Harbor? Legal Issues In The Digital World’ - PMA Digital Marketing Summit, September 2008
‘Avoiding Third-Party Liability For IP Infringement When Advertising On Fantasy Sports Sites’ - ACI Sports Marketing & Advertising Law Conference, September 2007
‘Withstanding FTC and State Scrutiny Of Emerging E-Marketing Practices’ - ACI E-Marketing & Privacy Law Conference, July 2007
‘Current Trends In Product Placement and Branded Entertainment’ - InSight Information Advertising and Marketing Law Seminar, March 2006
‘Risks Associated With Accepting Ads For Offshore Gambling Site’ - Fantasy Sports Trade Conference, March 2006
‘Advertising and Marketing Trends: Legal Risks and Compliance Challenges in Emerging Technologies’ - Columbia South Carolina Ad Club, January 2006
‘Examining Fantasy Sports Legal Issues’ - Street & Smiths’ Sports Media & Technology Conference, November 2005
‘Operating Online Games and Contests in the United States’ - River City Group I-Gaming InDepth: Skill Games Conference, September 2005
‘Telemarketing Regulatory Trends’ - American Teleservices Association 2005 Conference, September 2005
‘The Hidden Persuaders: Trial Offers, Continuity Programs and Upsells’ - Electronic Retailing Association Conference, September 2005
‘Training Camp: The Rules of a Legally Compliant Fantasy League’ - Fantasy Sports Trade Conference, September 2005
‘Advertising Law Risks and Challenges in Emerging Technologies’ - American Advertising Federation Convention, June 2005
‘Changing Times: Recent Trends in Advertising and Enforcement’ - Minnesota CLE, April 2005
‘Red Flags and Green Lights: Do’s and Don’ts for Marketers’ - Electronic Retailing Association/FTC Legal Compliance Seminar, March 2005
‘Conducting Innovative Advertising Without Violating the Law’ - PLI Internet Law Seminar, July 2004
‘Think You’ve Heard It All Before? More Legal Issues for Fantasy Leagues’ - Fantasy Sports Trade Conference, March 2004