David Ervin

Admitted to practice: District of Columbia, Virginia

Speeches & Presentations

• "The Shared Economy: Disruption Continues," 2017 ANA/BAA Marketing Law Conference, Chicago, IL (November 13, 2017). Moderator: David Ervin.
• "It's Mine, Not Yours: Protecting Media Rights," The Racing Attorney Conference, Indianapolis, IN (April 19, 2017). Panelist: David Ervin.
• "Disruptive Innovations in the Shared Economy,” 2016 ANA/BAA Marketing Law Conference, Chicago, IL (November 9, 2016). Moderator: David Ervin.
• "Helping Sales and Marketing Avoid an Anti-defamation, Infringement or Unfair Competition Claims from Competitors," ACC - In-House Counsel Conference, Anaheim, CA (January 27, 2016). Presenters: David Ervin, Steven D. Allison and Chahira Solh.
• "Music Promotions, Concert Tour Sponsorships & Live Events: Securing Content Rights & Managing Risks," Brand Activation Association's 37th Marketing Law Conference, Chicago, IL (November 9, 2015). Presenter: David Ervin.
• "What's in a Name? Is An Ad by Any Other Name Still an Ad?: Distinguishing Between Native Advertisement and Editorial Content," ACI's 4th Annual Summit on Digital Advertising Compliance: Social Media, Sweepstakes & Promotions, New York, NY (October 20, 2015). Presenter: David Ervin.
• "New Rules of Digital Marketing - Avoiding the Legal & Regulatory Pitfalls," Women's Wear Daily and Crowell & Moring, New York, NY (September 16, 2015). Presenters: Cheryl A. Falvey, David Ervin, and Lauren Chesterman (Ralph Lauren Corporation).
• "Gift Cards and Loyalty Programs: A Gift or Liability?" Crowell & Moring Webinar (April 29, 2015). Moderator: Walter Nagel; Panelist: David Ervin.
• "Risk and Reward: What You Should Know About Regulatory and Litigation Risk Affecting Your Company’s Marketing Strategies in 2015," Association of Corporate Counsel, Southern California (January 21, 2015). Presenters: Steven D. Allison, David Ervin, and Van-Dzung Vu Nguyen.
• "Key Issues in Advertising and Marketing in the Healthcare Industry," Crowell & Moring's Healthcare Ounce Of Prevention Seminar (HOOPS), Washington, D.C. (October 27-28, 2014). Presenters: Christopher A. Cole and David Ervin.
• "Advertising Practices: Social Media, Endorsements & Overstock," 2014 Retail Law Conference, Charlotte, NC (October 15-17, 2014). Presenters: Cheryl A. Falvey, Christopher A. Cole, and David Ervin.
• "SCANDALS, SCANDALS, SCANDALS: Morals Clauses in Celebrity Endorsement Agreements," American Bar Association – Forum on the Entertainment and Sports Industries, Marina del Rey, CA (October 9-11, 2014). Speaker: David Ervin.
• "Launching Successful Native Advertisement Campaigns and Utilizing the Power of Bloggers and Other Influencers in Compliance with FTC Guidelines," American Conference Institute’s Third Annual Digital Advertising Compliance: Sweepstakes, Promotions & Social Media Summit, New York, New York (September 9, 2014). Presenter: David Ervin.
• "Follow that Man!: Adopting Legal Strategies and Initiating Location-Based Technologies to Provide Meaningful Targeting Advertisements to Consumers Online and In Store," American Conference Institute’s Third Annual Digital Advertising Compliance: Sweepstakes, Promotions & Social Media Summit, New York, NY (September 9, 2014). Presenter: David Ervin.
• "Motorsports Goes Hollywood’: SAG-AFTRA and Guild Issues," The Racing Attorney Conference 2014, Charlotte, North Carolina (April 9, 2014). Presenter: David Ervin.
• "Going Native? Native Advertising and Product Placement," Media Law Resource Center, California Chapter (December 18, 2013). Presenter: David Ervin.
• "Social Media and Digital Content in Motorsports," The Racing Attorney Conference 2013, Indianapolis, Indianapolis (April 10, 2013). Presenter: David Ervin.
• "Pinterest & Intellectual Property: Reduce Risk & Protect Your Clients," National Constitution Center Webinar (November 1, 2012). Presenter: David Ervin.
• "Legal Issues Regarding Social Media in Motorsports," The Racing Attorney Conference (TRAC), Charlotte, North Carolina (April 11, 2012). Presenter: David Ervin.
• "Digital Strategies for Associations," Bisnow Panel, Washington, D.C. (October 20, 2010). Presenter: David Ervin.
• "Sponsorship Mock Negotiation Panel," The Racing Attorney Conference 2010, Charlotte, North Carolina (April 21, 2010). Presenter: David Ervin.
• "Closing the Deal: Interactive Negotiation Session, Sports Event Marketing Experience," Washington, D.C (March 27, 2009). Presenter: David Ervin.
• "It’s an Homage, It’s Political Commentary, It’s…It’s…NOT NECESSARILY FAIR USE-How to Recognize Where the Line MUST Be Drawn Before Content Goes Too Far," American Conference Institute’s User-Generated Content and Social Networking Conference (July 2008). Presenter: David Ervin.
• "Live Sporting Events: Strategic Approaches for Maintaining Control Over the Brand," American Conference Institute’s 2nd Advanced Legal & Business Forum on Sports Marketing & Advertising Law (September 2007). Presenter: David Ervin.
• "Complex IP Licensing," Law Seminars International Conference, McLean, Virginia (October 17-18, 2006). Presenter: David Ervin.
• "Protecting Intellectual Property Rights for Athletes, Leagues and Brands," ACI Sports Law Leadership Summit, New York, New York (September 27-28, 2006). Presenter: David Ervin.
• "The Intersection of Advertising Law and Intellectual Property Law," Advanced Advertising Law: The Strategic Guide for Corporate Counsel Workshop, Marcus Evans, Chicago, Illinois (March 8, 2006). Presenter: David Ervin.
• Corporate Counsel’s Guide to IP in Advertising & Marketing Conference, American Conference Institute, New York, New York (February 28, 2006). Presenter: David Ervin.

Publications

• "Getting the Deal Through: Advertising & Marketing 2022," Lexology (April 2022). Advisors: Holly Melton, Lauren Aronson, David Ervin, and Chris Cole.
• "The CASE Act Of 2020: New Board To Provide Low-Cost Resolution Of Copyright Small Claims," Intellectual Property & Technology Law Journal (June 8, 2021). Authors: David Ervin, Preetha Chakrabarti, and Carissa Wilson.
• "Navigating NFT Brand Management Risks And Rewards," Law360 (April 30, 2021). Authors: David Ervin, Kayvan M. Ghaffari, and Carissa Wilson.
• "What Cos. Need To Know Before Entering Nascent NFT Market," Law360 (March 31, 2021). Authors: Michelle Ann Gitlitz, David Ervin, and Carissa Wilson.
• "Tokyo Olympics Move May Spark Wave Of Contract Litigation," Law360 (March 30, 2020). Authors: Christopher A. Cole, David Ervin, and Holly A. Melton.
• "Stalking Social Media: The Rise in Counterfeit Products and Intellectual Property Concerns," FashionUnited (October 4, 2019). Authors: David Ervin and Siri Rao.
• "Native Advertising: Key Issues and Considerations," Practical Law Journal (May/June 2017). Author: David Ervin.
• "Native Advertising," Practical Law (July 2016). Author: David Ervin.
• "Regulatory Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2016). Contributor.
• "Consumer Products & Advertising — Increasing Focus on Health Claims for Cosmetics and Personal Care Products," Crowell & Moring's Regulatory Forecast 2016 (January 2016). Contributors: David Ervin and Peter B. Miller.
• "Make a Deal Like Mike – Michael Jordan Settles Two Right of Publicity Lawsuits," Crowell & Moring's Retail & Consumer Products Law Observer (November 24, 2015). Authors: David Ervin and Danielle Rowan.
• "False-and-Misleading-Gram – FDA Issues Warning Letter Based on Kim Kardashian's Instagram Selfie," Crowell & Moring's Retail & Consumer Products Law Observer (August 18, 2015). Authors: David Ervin and Danielle Rowan.
• "Avoiding Compliance Red Cards After FIFA Scandal," Law360 (July 2, 2015). Authors: David Ervin, Jeff Severson, and Christopher A. Cole.
• "Sponsorship Arrangements in the US," Practical Law Company (February 2015). Author: David Ervin.
• "Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide," Food and Drug Law Institute Resources (December 2013). Contributing Author: David Ervin.
• "Best Practices for E-Mail Marketing," Practical Law Company (February 2013). Co-Authors: David Ervin and Christopher Loeffler.
• "E-mail Marketing: CAN-SPAM Act Compliance," Practical Law The Journal (April 2011). Co-Authors: David Ervin and Christopher Loeffler.
• "E-mail Marketing: CAN-SPAM Act Compliance," Practical Law (December 2010). Co-Authors: David Ervin and Christopher Loeffler.
• "Social Networking: Private Data on Public Networks," Data Protection Law & Policy (September 2010). Co-Authors: David Ervin and Christopher Loeffler.
• "Social Networking: Private Data on Public Networks," E-Commerce Law and Policy (September 2010). Co-Authors: David Ervin and Christopher Loeffler.
• "Facebook Issues New Guidelines for Running Promotions on Its Platform," Metropolitan Corporate Counsel (January 2010). Author: David Ervin.
• "Consumer-Generated Content is Hot," Entertainment Law & Finance (May 2007). Co-Authors: David Ervin and Gonzalo Mon.

Client Alerts & Newsletters

• "NFT Risks and Opportunities in the IP, Advertising, and Brand Management Spaces," (April 16, 2021). Contacts: David Ervin, Deirdre Long Absolonne
• "U.S. Copyright Office Moves Forward with CASE Act Implementation; Seeks Public Comment," Administrative Law Alert (April 14, 2021). Contact: David Ervin
• "The CASE Act of 2020—New Board to Provide Low-cost Resolution of Copyright Small Claims," Administrative Law Alert (March 15, 2021). Contacts: Preetha Chakrabarti, David Ervin
• "Trademark Modernization Act of 2020 & 2021 USPTO Fee Changes," (January 28, 2021). Contacts: Preetha Chakrabarti, David Ervin, Deirdre Long Absolonne
• "'Imagine' This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York," Advertising & State AG Alert (December 17, 2020). Contacts: Preetha Chakrabarti, David Ervin, Suzanne Trivette
• "Supreme Court Finds that "Generic.com" Terms Can Be Trademarks," Advertising & State AG Alert (July 6, 2020). Contacts: David Ervin, Deirdre Long Absolonne, Michelle Chipetine, Suzanne Trivette
• "Raising the Stakes for Trademark Damages: Romag Fasteners, Inc. v. Fossil, Inc.," IP Insights (April 29, 2020). Contacts: David Ervin, Anne Elise Herold Li, Suzanne Trivette
• "Coloring in the Lines – Protecting Colorful Product Packaging Just Became Easier," IP Insights (April 14, 2020). Contacts: Anne Elise Herold Li, James K. Stronski, David Ervin, Michelle Chipetine
• "2020 Tokyo Olympics Postponed Due to COVID-19: What Can Advertisers and Other Affected Parties Do?," Advertising & State AG Alert (March 25, 2020). Contacts: Christopher A. Cole, David Ervin, Holly A. Melton
• "NCAA Vote Opens Door to Potential Endorsements in College Athletics," Advertising & State AG Alert (November 7, 2019). Contact: David Ervin
• "Is This the "3ve" of the Digital Ad Fraud Age?," Advertising & State AG Alert (December 20, 2018). Contacts: Lauren Aronson, David Ervin
• "Recent Happenings in Advertising & Product Risk Management – February 2018," Advertising & State AG Alert (February 26, 2018). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen, Helen O. Ogunyanwo
• "Recent Happenings in Advertising & Product Risk Management – December 2017," Advertising & State AG Alert (December 20, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen, Rebecca Baden Chaney, Robbie Rogart Jost, Kate M. Watkins, Rukiya Mohamed
• "Recent Happenings in Advertising & Product Risk Management – October 2017," Advertising & State AG Alert (October 3, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen, Preetha Chakrabarti
• "Recent Happenings in Advertising & Product Risk Management – July 2017," Advertising & State AG Alert (July 25, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen
• "The Administrative State Will Not Deconstruct Itself," (June 29, 2017). Contacts: David Ervin, Thomas A. Lorenzen, Elizabeth B. Dawson
• "Recent Happenings in Advertising & Product Risk Management – May 2017," Advertising & State AG Alert (May 17, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen
• "Recent Happenings in Advertising & Product Risk Management – March 2017," Advertising & State AG Alert (March 27, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Matthew Cohen
• "Trade Dress Protection for the Layout of a Medical Report? Maybe!," Advertising & State AG Alert (April 8, 2016). Contacts: David Ervin, Anne Elise Herold Li, Preetha Chakrabarti
• "Spurned St. Louis Rams Fans Sue L.A.-Bound Team for Deceptive Marketing," Advertising & State AG Alert (January 29, 2016). Contact: David Ervin
• "Sluggers Hit News Network with Defamation Suit Over Reports of Performance-Enhancing Drugs," Advertising & State AG Alert (January 29, 2016). Contact: David Ervin
• "Avoiding Compliance Red Cards After the FIFA Scandal: Anti-Corruption Considerations for Sponsors and Sports Marketing Companies," Advertising & State AG Alert (June 8, 2015). Contacts: David Ervin, Christopher A. Cole, Glen G. McGorty, Stephen M. Byers, Jeff Severson
• "Is Copyright Law Even Blurrier After the "Blurred Lines" Ruling?," Advertising & State AG Alert (March 20, 2015). Contact: David Ervin
• "The D.C. Circuit's POM Wonderful Decision: New Precedent for Advertisers Making Disease and Health Claims," Advertising & State AG Alert (February 19, 2015). Contacts: Christopher A. Cole, David Ervin
• "In a Bellwether FTC Settlement, Advertiser Agrees to Pay Consumer Redress for Product Claims Made During Talk Shows," Advertising & State AG Alert (February 2, 2015). Contacts: Christopher A. Cole, David Ervin
• "FTC's Enforcement of Promotional Tweeting Has Teeth," Advertising & State AG Alert (December 19, 2014). Contact: David Ervin

Press Coverage

• Fashion's Nostalgia And The Infringement Trap
  May 13, 2019 — Women's Wear Daily
• Attorneys Warn Appointee Delays Will Hamper State 'Deconstruction'
  June 30, 2017 — Inside EPA

Firm News & Announcements