Case Study

Negotiating Terms Between Global Giants

A top multinational consumer products company needed a champion to negotiate key advertising agreements for critical media buys with its equally dominant retail partners. Move over Biglaw. The company went with the big-thinking, small-team approach.

Client Challenge

A leading global company has a robust internal legal function, but it still needed expert outside counsel to navigate the bespoke structure, terms, and business issues of digital media buy agreements. In-house counsel sought a partner with firsthand experience and advanced knowledge in media partnerships, intellectual property, and data matters. The right partner would need to take over the ongoing negotiation and stewardship of media buy agreements with the company’s retail partners, including seemingly immovable retail juggernauts. 

Strategies, Tactics, and Solutions

Jayaram’s agile team immediately took over legal support for the company’s retail media buying agreements. We systematically coordinated with business stakeholders to identify and address key business concerns and better align the terms governing media campaigns with guidance and standards established by industry associations and thought leaders, such as the Interactive Advertising Bureau. We balanced commercial terms and liability-allocation provisions and ensured that key terms regarding ad viewability, brand protection, IP rights, and data ownership and usage were properly negotiated in favor of our client.

Favorable Outcomes & Happy Clients

We have spearheaded the negotiations of multiple media campaigns with three of the world’s largest retailers. These campaigns feature varying digital marketing tactics and platforms, on-site and off-site components, and financial commitments. We obtained remedies for the client to get campaigns back on track if expectations are not met that are atypical with the retailers, as well as ensured the client’s ads were more likely to be seen by potential customers in brand-safe environments in the first instance. We continue to partner with our client on their digital media buy agreements on an ongoing basis.