Nilesh (Neal) Patel
Neal is a technology and advertising attorney with significant experience in the internet, social/interactive media, software, information technology and advertising industries. As Chair Leading fbtTECH, his practice focuses on providing practical, strategic counseling to companies in a broad range of intellectual property and advertising matters, including handling underlying technology, content, data, software development, licensing and other commercial transactions core to the sale of products and services to consumer and business customers. Neal has specific experience in guiding companies through the myriad of legal and commercial issues that arise from doing business and advertising online, including the intersection of technology, privacy and advertising.
Backed with many years of in-house legal experience, Neal has worked with some of America's leading brands, delivering pragmatic solutions that ensure compliance with all applicable laws and regulations without sacrificing creativity and impact. This “brand law” experience includes advertising review, claim substantiation, sweepstakes, word of mouth marketing, content licensing, website operations, online promotions, privacy, COPPA, behavioral advertising, product placement, sponsorship, endorsement, and virtually all types of promotion related agreements. From a technology perspective, he has considerable experience in advising companies on intellectual property ownership, use, acquisition, sale, license and protection matters, as well as structuring and negotiating various agreements (e.g., strategic alliance, M&A, joint venture, spin-out, intercompany, etc.) touching on the development, acquisition, marketing, sale and/or distribution products and services that are substantially comprised of or dependent on intellectual property.
- Reviewing and counseling on advertising copy throughout all stages (idea to production).
- Handling all network advertising clearance matters.
- Substantiating, defending and prosecuting claims before the National Advertising Division of the Council of Better Business Bureaus, national broadcast networks and other industry self-regulatory bodies.
- Handling inquiries and investigations brought by the FTC, state AGs (both multi-state and individual actions), and local consumer protection agencies.
- Counseling on various business practices, promotional activities and programs, including those related to gift certificates, telemarketing, price range advertising, sweepstakes, contests, and electronic billing.
- Counseling in the areas of product sales and development, including claims, licensing, product liability, warranty, labeling, and related matters.
- Counseling on marketing and sales related press releases, as well as crises management and other legal support for public relations groups.
- Drafting, negotiating and counseling on a wide variety of contracts and agreements, including sales agreements, consumer terms and conditions, intellectual property licensing agreements, and alliance and other business marketing agreements.
Highlights & Recognitions
- Selected for inclusion in the Ohio Super Lawyers Rising Stars®, 2012-2014
Memberships & Affiliations
- Missouri Bar Association
- Kansas Bar Association
- Ohio Bar Association
Recent Blog Posts
- Attention Website Operators and Online Service Providers: It’s Time to Refile Your Designated Agent Information with the U.S. Copyright Office
- #DisclosureFail – Pinterest and the Endorsement Guides (Part 2 of 2)
- Supreme Court Rules Aereo’s Streaming Television Service Violates Copyright Law
- Check your Labels: Supreme Court Clears Way for Lanham Act Challenges
- #DisclosureFail – Pinterest and the Endorsement Guides (Part 1 of 2)
- Facebook Updates Terms for Promotional Pages
- Puerto Rico is Calling
- Keyword Advertising - “Use In Commerce”- A Defense Finally Eliminated?
- Partnering With Charities For Goodwill (And Increased Sales)
- Review Your Contracts & Website Terms - Largest Arbitration Companies Exiting Consumer Arbitrations
- AHHHH . . . I Can’t Believe He Posted That On Our Website!
- The ADA and Website Accessibility
- Data Privacy Rx
- 36th Annual BAA/PMA Marketing Law Conference
- Social Networking Perils & Promises - Southwest Ohio Association of Corporate Counsel Program
- The 33rd Annual PMA Marketing Law Conference
- 2011 Annual CLE Event
- Social Media Security - Is Your Company Protected?
- 42 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers®
- 43 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 17 Recognized by Ohio Rising Stars® for 2013
- Ten New Members Named to Frost Brown Todd
- 44 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 15 Recognized by Ohio Rising Stars® for 2012
Civic & Charitable Organizations
- Media Bridges, Board of Trustees
- Cincinnati Museum of Natural History & Science Advisory Board Member
Non-FBT Publications and Events
"Social media: Risks & Rewards" - Cincinnati Business Courier Small Business Essentials (July 8, 2014)
"2013 Social Media Update" KBA 23rd Annual Issues for Corporate House Counsel CLE Seminar (April 2013)
"Coupons, Premiums, Loyalty Programs & Rebates," - 34th Annual PMA Marketing Law Conference (November 13, 2012)
"Social Media & America's Favorite Pastime," - Indiana State Bar Association Intellectual Property Section (July 13, 2012)
"Ad Forum: The Golden Age of Social Media, " ADmerica -- AAF National Conference (June 2, 2012)
"Navigating the Perils and Promises of Social Networking," 22nd Annual Issues for Corporate House Counsel/Kentucky Bar Association Corporate House Council. (April 19, 2012)
"Social Media Program," Social Media Program -- Greater Cincinnati Minority Council (March 15, 2012)
"Social Networking Perils & Promises," Southwest Ohio Association of Corporate Counsel Program (December 1, 2011)
"Kidsized Marketing: Supersized issues," 33rd Annual PMA Marketing Law Conference (November 5, 2011)
"Social Media in the Workplace: The Good, The Bad, The Ugly," 2011 Annual Frost Brown Todd CLE Event (November 1, 2011)
"Social Media: Practitioners' Perspectives on Advising Clients and Avoiding Employment Pitfalls", Kentucky Bar Association Annual Convention, Lexington, KY (June 2011)
"Social Media & The Law", Northern Kentucky University, Highland Heights, KY (January 2011)
"Social Media Security - Is Your Company Protected?", Cincinnati USA Regional Chamber, Cincinnati, Ohio (June 2010)
"LexAd After-hours", Lexington Ad Club, Lexington, Kentucky (June 2010)
"Privacy Considerations for Business Use of Social Networking/Behavioral Advertising",
ACC in-house CLE Seminar, Frost Brown Todd LLC (June 2010)
"Negotiating Talent and Endorsement Deals under the New Guides", American Conference Institute's 23rd National Advanced Forum on Advertising Law, New York, New York (January 2010)
"Who's Afraid of the FTC", AdClub Cincinnati, Cincinnati, Ohio (December 2009)
Expert Roundtable on CARU, The 31st Annual Promotion Marketing Law Conference, Chicago, Illinois (November 2009)
"Behavioral Advertising", Lexington Advertising Club, Lexington, Kentucky (August 2009)
"Cause Marketing" & "Behavioral Advertising," Lawyers, Ads & Money, Cincinnati, Ohio (July 2009)
"Complying With State Laws on Sweepstakes, Contests and Promotions," American Conference Institute - 3rd Annual Advertisers' and Marketers' Regulatory Summit, Washington D.C. (June 2009)
"Make It Personal: Behavioral Marketing and Privacy Issues," AAF National Conference 2009, Washington D.C. (June 2009)
"You've Done What With Our Website?," Cincinnati Bar Association, Corporate Counsel Luncheon, Cincinnati, Ohio (May 2009)
"Interactive Media. Losing Control?," The Advertising Federation of Columbus, Columbus, Ohio (January 2009)
"Copyright & Trademark Update," The 30th Annual Promotion Marketing Law Conference, Chicago, Illinois (November 2008)
"Interactive Media and the Law," AdClub Cincinnati Digital Non-Conference, Cincinnati, Ohio (November 2008)
“Advertising in International Markets – How to be Successful and Avoid the Pitfalls,” Miami Valley Trade Association (December 2007)
“Children’s Online Privacy Protection Act,” Promotion Marketing Association, Inc. Conference, Chicago, Illinois (November 2007)
"Internet and Journalism," Legal Handbook for Ohio Journalists, 4th Edition, published by Ohio State Bar Association, August 2007
See Resources for additional publications.