FacultyFaculty/Author Profile

Matthew E. Smith

Davis & Gilbert LLP

New York, NY, USA

Matthew E. Smith is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert. He represents brands, advertising agencies, promotions agencies, public relations agencies, media companies, mobile marketers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing and entertainment.

Mr. Smith’s practice involves advising clients on a wide range of advertising and marketing related issues, including matters concerning false or deceptive advertising, unfair advertising practices, proper advertising disclosure, claim testing and substantiation, environmental benefit marketing claims, intellectual property and personal rights matters such as copyright, trademark and rights of publicity, licensing and rights-clearance matters, contract negotiations, as well as on matters relating to federal and state regulatory compliance. Additionally, Mr. Smith has significant experience counseling on matters specific to certain regulated industries, including the alcoholic beverage, automotive, telecommunications, mobile, and casino gaming industries, as well as on matters specific to certain media, such as mobile marketing, text-message marketing, telemarketing, direct mail, e-mail marketing, and cause marketing.

Mr. Smith has extensive knowledge in the area of consumer promotional offers and programs and advises clients on all forms of regional, national and trans-national games of chance, skill-based contests, rebate programs, giveaways, coupons, gift cards, and loyalty programs. In addition, Mr. Smith has significant experience in counseling alcohol beverage brands, as well as alcoholic beverage importers, distributors and retailers (and their agencies) on federal, state and local alcoholic beverage legal compliance and on matters related to industry self-regulation, including with regard to all types of permissible consumer advertising and marketing programs, promotional offers, promotional events, and co-sponsorship matters.

Mr. Smith is frequently involved in reviewing, drafting and negotiating a wide variety of agreements related to marketing practices, including talent contracts, music licenses and other licensing agreements, agency-client agreements, production agreements, liability waivers, indemnification agreements, sponsorships, sweepstakes and skill contest rules, terms and conditions for all matters of promotional programs and offers, terms of use for websites and mobile applications, and online and mobile privacy policies, as well as agreements specific to the alcoholic beverage industry.

Mr. Smith regularly coordinates legal compliance reviews for large multi-national marketing and promotional campaigns and counsels clients on state and federal regulatory matters relating to alcoholic beverage marketing, gift cards, text-messaging programs, telemarketing, direct mail, sweepstakes and skills contests, and charitable solicitations. He also coordinates filings for sweepstakes, the Foreign Agent Registration Act, commercial co-venture promotions, and motor clubs.

Mr. Smith has been recognized by The Legal 500 U.S. 2014 in the area of marketing and advertising.

Before joining Davis & Gilbert, Mr. Smith was a litigation attorney at Shearman & Sterling LLP.


New York State Bar Association


New York


George Washington University Law School, J.D., with honors, 2002

George Washington University Elliott School of International Affairs, Masters of International Affairs, 2002

University of Massachusetts, B.A., cum laude, 1997


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