Frankfurt Kurnit Klein & Selz

Jason Howell is a partner and Co-Chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit, where he counsels clients across the retail, technology, entertainment, food and beverage, and advertising industries. For more than 20 years, he has advised businesses ranging from start-ups to Fortune 500 companies on a full range of advertising transactions, marketing initiatives and disputes. Chambers USA and Best Lawyers in America regularly recognize Mr. Howell as a leading advertising and intellectual property lawyer.

Mr. Howell’s expertise comprises virtually all aspects of advertising and marketing compliance, including advertising claims and substantiation, price and discount advertising, influencer programs, loyalty programs, recurring subscriptions, publicity rights, product development and launch issues, and emerging issues in generative AI. He regularly advises clients on Federal Trade Commission and state and local consumer protection law compliance, and helps position companies for success through strategic marketing compliance programs.

His practice encompasses the full spectrum of marketing and promotions compliance, from digital advertising and apps to product packaging and labeling. He often helps clients develop customized compliance programs and materials for their in-house legal and marketing teams.

A frequent advisor on marketing and media transactions, Mr. Howell drafts and negotiates a broad range of agreements, including advertising and creative services agreements, sponsorship and celebrity endorsement deals, influencer contracts, co-marketing and co-branding arrangements, and media releases. He also has special expertise advising on promotions, regularly counseling well-known consumer brands on contests, sweepstakes, giveaways, and promotional offers across U.S. and international markets. Mr. Howell also reviews website and social media content, software apps, and packaging for intellectual property, advertising, and publicity rights issues. And he manages domestic and international trademark portfolios, handling clearance, registration, and enforcement matters.

In addition to his transactional and regulatory compliance practices, Mr. Howell also helps clients resolve disputes. He regularly advises on false advertising and unfair competition matters, and represents clients before the National Advertising Division (NAD) in competitive advertising challenges.

His recent representative work includes:

• advising a multinational gaming device and software app brand on price and sale advertising policies;
• advising a multinational e-retailer on the development and launch of its AI chatbot;
• counseling media and technology brands on their recurring subscription programs;
• guiding a prominent national retailer on its advertising, sweepstakes, and influencer campaigns; and
• successfully resolving NAD disputes for multiple consumer products brands.

Prior to joining Frankfurt Kurnit, Mr. Howell was the Chair of the Advertising, Marketing & Promotions Practice at Perkins Coie. He is admitted to practice in Washington, New York, and Massachusetts.