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Hot Topics in Advertising Law 2017


Speaker(s): Ashima A. Dayal, Christine L. DeLorme, Elyssa Dunleavy, Emily Reisbaum, Eric Goldman, Fabio Bertoni, Gregory A. Brehm, Hal Hodes, Harlan Loeb, Jane G. Pollack, Laura J. Protzmann, Marc S. Roth, Michael Crawford, Ndidi Oriji, Randi W. Singer, Seth Blinder, Tsan Abrahamson, Zev Parnass
Recorded on: Jun. 27, 2017
PLI Program #: 186526

Ashima A. Dayal is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property; and Digital Media Practice Groups of Davis & Gilbert. Ms. Dayal is also a member of the firm’s Diversity Committee. Her practice concentrates on advising the firm’s advertising, media  and entertainment clients on all aspects of copyright, trademark, right of publicity, and defamation law. Additionally, she has considerable experience resolving complex issues and disputes raising false advertising, unfair competition, misappropriation of idea, e-commerce and contract concerns, and she regularly participates in all manner of civil litigation (including infringement suits and consumer class actions), government investigations and other adversarial proceedings related to these areas of law. Ms. Dayal has argued before the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Second Circuit, the Southern District of New York, and the National Advertising Review Board and the National Advertising Division of the Council of Better Business Bureaus. She also counsels clients on entertainment union and guild issues pertaining to television, radio and Internet advertising.

Ms. Dayal negotiates, drafts and reviews a wide array of agreements on both the advertiser and advertising agency sides, including licenses for use of entertainment, fine art and literary materials, production agreements, talent agreements, sponsorship agreements, agency/client agreements and contracts in the new media field. Ms. Dayal has been recognized by The Legal 500 United States in the area of intellectual property: copyright (2014-2017) and in the area of advertising and marketing (2017). She has also been recognized in Media Law International’s rankings (2015-2017) for her work in the area of media law. She is a regular speaker on intellectual property and marketing law issues and has lectured at the Fashion Institute of Technology, Laboratory Institute of Merchandising (LIM College) and Fordham University among others.


Fabio Bertoni is general counsel of The New Yorker magazine, where he is responsible for pre-publication review of all articles, website posts, videos and other content published by The New Yorker, as well as supervising legal issues surrounding The New Yorker Festival and other events.  Prior to working at The New Yorker, Fabio was assistant general counsel at HarperCollins Publishers, where he conducted pre-publication review of non-fiction books, and handled legal issues for the Children’s Division, negotiated author-publisher agreements, and advised on licensing, copyright and trademark issues.  Prior to that, Fabio was vice president and deputy general counsel for ALM Media, publisher of The American Lawyer, the New York Law Journal, and dozens of other newspapers and magazines across the United States.

Fabio also serves as an adjunct professor at Fordham Law School, where he teaches a seminar on Media Law Drafting.  He began his legal career at the firm of Hughes Hubbard & Reed, after graduating from Columbia Law School and from the Columbia Graduate School of Journalism.


Harlan Loeb heads Edelman‘s Global Crisis & Reputation Risk Practice. He is a widely-recognized expert in global reputation risk management, preparedness and crisis response. Working in conjunction with leading academics from Harvard University, the Kellogg School of Management, and the University of Chicago, Harlan and his team have developed proprietary programs and solutions for the life cycle of reputational risk. He has worked across all industry sectors on some of the most complex and high profile global crises and reputational challenges.

Harlan works closely with Boards and executive leadership to develop effective programs and processes to audit, track, measure, and manage reputation risk. He is also an experienced litigation consultant having worked on number of complex matters including shareholder securities litigation, mass tort class action, food safety, data security, First Amendment, product liability, labor and employment, and immigration.

Before joining Edelman, Harlan was a founding principal of the Chicago office of FTI’s Strategic Communications Consulting Group. Harlan also served as the Managing Director of Litigation Communications for Hill & Knowlton. Licensed to the Bar in both Illinois and Wisconsin, he began his legal career in private practice with the law firm of  Godfrey & Kahn, where his focus included regulatory issues and government affairs. Harlan also served as Civil Rights Counsel for the ADL and lead fact finding, appellate litigation, public affairs, and media strategy.

Harlan is Professor of Crisis Litigation & the Court of Public Opinion at Northwestern University Law School.

 

EDUCATION:

Dartmouth, Vassar College, BA; University of Minnesota Law School JD, cum laude. 

APPOINTMENTS:

Research Council, National Preparedness Leadership Initiative, Harvard University

Advisory Board of the International Law & Business Journal at Northwestern Law School

Risk Lab Faculty, Kellogg School of Management

Contributing writer: Corporate Financier Magazine, Risk & Compliance, Huffington Post


Michael Crawford is a digital strategist with experience directing innovative advocacy and brand campaigns for nonprofit organizations. He is Social Media Campaigner at MoveOn, the largest independent, progressive, digitally connected organizing group in the United States. At MoveOn, he creates social media strategy for the organization’s priority campaigns and works with it’s in-house Video Lab.

Before joining MoveOn, Michael led the in-house creative team and award-winning digital program for Freedom to Marry, the national campaign that won marriage for same-sex couples.

Prior to Freedom to Marry, he was a leading strategist for the successful campaign to win freedom to marry in Washington, D.C. with a focus on public education, community outreach, and communications strategy.

Michael served as Associate Field Director at Human Rights Campaign where he specialized in developing field and legislative strategies to advance pro-LGBT legislation at the state and federal levels and building support for endorsed candidates. As Communications Director at Energy Action Coalition, a coalition of youth and student organizations building a clean energy movement, Michael developed media strategies to tell the stories of young people against man-made global warming. Michael was an organizer of the 2000 Millennium March on Washington for LGBT Equal Rights, which brought together more than 750,000 advocates for LGBT equality.

He has spoken about building Internet powered social movements at numerous conferences, including SXSW, Netroots Nation, Independent Sector Conference, National Immigration Integration Conference, Campaign Tech, Social Media Week NYC and RootsCamp.


Ndidi Oriji is the Senior Vice President of Advertising Standards at NBCUniversal. She leads a department tasked with the review of all advertising airing on the NBC broadcast network, certain advertising airing on  NBCUniversal’s 17 national cable networks (including USA, Bravo, and SyFy), and all custom advertising content produced by the broadcast network.  Ms. Oriji also manages legal and reputational risk to NBCUniversal when advertising standards issues arise and formulates policy changes and public responses.

Prior to her current role, Ms. Oriji was counsel in the West Coast Entertainment group of NBCUniversal where she counseled NBCUniversal's broadcast network, cable networks, digital properties, and local owned stations on a number of legal issues with respect to their advertising production activities. Ms. Oriji has also held the role of counsel in the Intellectual Property group of the NBCUniversal legal department, focusing on advertising and promotions. She was responsible for all sweepstakes, contests, games, and other promotions across all of NBCUniversal’s properties.

Before joining NBCUniversal, Ms. Oriji was an associate in the Entertainment Department of Loeb & Loeb, LLP for two years where her practice areas included entertainment, advertising, marketing and promotions, and emerging media law. Prior to Loeb & Loeb, Ms. Oriji spent two and a half years as an associate in the New York office of Paul, Weiss, Rifkind, Wharton & Garrison LLP, where she specialized in corporate mergers and acquisitions.

Ms. Oriji graduated from New York University School of Law in 2003.  The summer after her first year of law school, Ms. Oriji was a legal aid intern at the Peking University Center for Women's Law Studies and Legal Services in Beijing, China.  Ms. Oriji is a member of the New York City Bar Association and the Nigerian Lawyers Association. In her spare time Ms. Oriji enjoys performing stand-up comedy.


Randi Singer is a litigation partner in Weil's New York office, a member of the Firm's Intellectual Property & Media practice and Co-Head of its Cybersecurity, Data Privacy & Information Management group. She focuses primarily on copyright, Lanham Act false advertising and trademark litigation, as well as privacy and cybersecurity, in addition to complex commercial litigation and bankruptcy proceedings.

Ms. Singer has been repeatedly recognized as a leading intellectual property and media & entertainment lawyer by legal industry publications, including The Legal 500 US, Chambers USA, World Trademark Review, Benchmark Litigation, Expert Guides, Managing IP Magazine's IP Stars, Super Lawyers, and Law360. She has successfully represented and counseled clients on a wide variety of copyright and trademark matters encompassing classic ownership and fair use issues for comic books, academic works, music and photographs. A recognized expert on secondary liability infringement issues, major internet platform clients regularly call on Ms. Singer for help navigating an array of unprecedented concerns and solving a wide variety of disputes. Her advertising, trademark, and state unfair trade practices cases have spanned a broad spectrum of consumer products and services, from over-the-counter drugs, razors, toothpaste, paint, food and cosmetics, to financial services, cell phone cases, luxury goods and consumer electronics.

Ms. Singer has earned the Certified Information Privacy Professional (ClPP/US) and Certified Information Privacy Technologist (CIPT) credentials and regularly advises clients in connection with privacy, cybersecurity, and social media issues in a wide variety of matters, including more than one hundred transactions ranging from high-profile deals such as Facebook's acquisition of Whatsapp, Inc. to large public company mergers and small talent acquisitions. In 2015, The National Law Journal recognized Ms. Singer as one of its inaugural "Trailblazers" nationwide for her cutting-edge work in the cybersecurity and data privacy area.

In addition to her active practice, Ms. Singer has taught a course on Trademarks and Unfair Competition Law as an adjunct professor at St. John's University School of Law and is a popular speaker whose speaking engagements include panels and discussions concerning copyright, advertising, and other intellectual property issues for organizations such as the International Trademark Association  (INTA), the Copyright Society, the National Advertising  Division, the Practising Law Institute, the American Conference  Institute, and the New York State Bar Association Section on Intellectual Property. Other professional affiliations include the International Association of Privacy Professionals (IAPP), the New York State Bar Association, the Private Advertising Litigation subcommittee of the ABA, and she has served on the Trademarks and Consumer Affairs Committees of the Association of the Bar of the City of New York.

Ms. Singer is a member of the global steering committee for Women@Weil, Weil's women's affinity group, the winner of Weil's first-ever mentoring award, and an inductee into the YWCA's Academy of Women Leaders. In addition to  her work as the General Counsel for the Lang Lang International Music Foundation, her pro bono work includes litigation successes for the Hebrew Immigrant Aid Society and Sanctuary for Families, trademark and IP counseling for organizations such as The Joyful Heart Foundation and the Breast Cancer Research Foundation, as well as extensive legal support and counseling concerning ambush marketing for NYC2012, New York City's bid for the 2012 Olympics.

Ms. Singer graduated magna cum laude from Harvard University. After receiving her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar, Ms. Singer clerked for the Honorable Richard Owen, U.S. District Judge for the Southern District of New York.


Seth Blinder is Chief Consumer Privacy Officer at Goldman Sachs, where he is responsible for privacy regulatory compliance for Goldman Sachs’ consumer businesses.

Prior to Goldman, Seth was Senior Counsel, Data Protection at MasterCard, where he provided privacy support to global, regional and local business units on privacy compliance, industry best practices, corporate policies, contract drafting and negotiation and implementing privacy by design for product development and product expansion.  Seth also provided data privacy support to MasterCard’s corporate development and M&A team.

Prior to MasterCard, Seth practiced in the New York offices of Gibson Dunn & Crutcher and Cleary Gottlieb Steen & Hamilton, where he focused on M&A and corporate and financial transactions.  He also worked in-house at Sony Music Entertainment’s Global Digital Business legal group, where he advised on a range of digital distribution and e-commerce transactions.

Seth graduated from University of Pennsylvania Law School and from New York University’s College of Arts and Sciences.


Zev Parnass is Vice President and Associate General Counsel at Publicis Re:Sources, where he serves as lead counsel for Publicis North America.  Mr. Parnass’ responsibilities include working on advertising, trademark, copyright, right of publicity and contract matters and overseeing litigation.

Prior to joining Publicis, Mr. Parnass worked in the Intellectual Property Group at Debevoise & Plimpton LLP.

Mr. Parnass received his J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar and an Editor of the Columbia Journal of Transnational Law.  He received a B.A. in Neuroscience and Economics from Columbia, from which he graduated summa cum laude with Honors in Biological Sciences, and was elected to Phi Beta Kappa.

Mr. Parnass currently serves on the Trademarks & Unfair Competition Committee at the New York City Bar and served previously on committees at the International Trademark Association.


Christine Lee DeLorme is an attorney in the FTC Division of Advertising Practices, where her work focuses on investigating health-related advertising claims. Christine previously served as attorney advisor to FTC Commissioner Rebecca Kelly Slaughter, former Commissioner Terrell McSweeny, and former Chairman Jon Leibowitz, advising the Commissioners on a wide range of consumer protection issues including advertising, privacy and data security, and financial fraud.  Before joining the FTC in 2004, Christine was a trial attorney with the National Criminal Enforcement Section of the U.S. Department of Justice Antitrust Division.

Ms. DeLorme received an A.B. in History and a B.S. in Biology from Stanford University in 1996 and a J.D. from Harvard Law School in 2000.


Elyssa is an advertising lawyer with an expertise in influencers, advertising review, and intellectual property at L’Oreal USA, Inc.  She has extensive experience drafting and negotiating influencer agreements and counseling clients on the regulatory landscape and advertising best practices.  Elyssa has developed social media related policies and trainings which are utilized by L’Oreal worldwide.  

Prior to joining L’Oreal, Elyssa was the head of Grey New York’s Advertising Standards and Compliance Department where she oversaw the review and clearance of all advertising campaigns across multiple categories and media.  Elyssa developed a robust in-house compliance program for creatives and executives, which included trainings and policies to reduce risk to the Agency and its clients.  Elyssa was the recipient of Grey’s “Gravy Award” which recognizes employees for their outstanding contributions to the Agency and forward thinking.  

Ms. Dunleavy is a graduate of the University of California, Los Angeles (B.S. Political Science) and New York Law School.


Jane is the Chief Marketing & Advertising Counsel at Uber. In this role, she leads the legal team that supports Uber’s various advertising and marketing activities -- from brand campaigns, sponsorships and promotions to rider/driver communications and social media.  Prior to joining Uber, Jane served as Citigroup’s Chief Advertising Counsel, where she led the legal team that counseled Citi’s global consumer marketing and corporate sponsorship groups, as well as the US cards, mortgage, retail bank and personal wealth management marketing teams.  In prior roles at Citi, she provided legal support for the company’s rewards and cards advertising teams.

Jane started her career focusing on advertising legal issues as an associate in the competition and intellectual property/media law practice groups at Weil, Gotshal & Manges LLP. She previously served as the general counsel at FAIR Health, Inc., a not-for-profit organization, and as an associate in the advertising, marketing and media law practice group at Manatt, Phelps & Phillips, LLP. Jane was a James Kent Scholar at Columbia Law School and graduated with honors from Wesleyan University.


Marc Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions.  She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.  Tsan has an extensive practice in the area of marketing promotions, including social media promotions, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions.  Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management.


Eric Goldman is a Professor of Law, and Co-Director of the High Tech Law Institute, at Santa Clara University School of Law. Before he became a full-time academic in 2002, he practiced Internet law for 8 years in the Silicon Valley. His research and teaching focuses on Internet, IP and advertising law topics, and he blogs on these topics at the Technology & Marketing Law Blog [http://blog.ericgoldman.org]. Managing IP magazine has twice named him to a shortlist of North American “IP Thought Leaders,” and he has been named an “IP Vanguard” by the California State Bar’s IP Section.


Hal Hodes is a Senior Staff Attorney at the National Advertising Division (NAD) of the Advertising Self-Regulatory Council. He joined NAD in August 2012. Prior to joining NAD, Hal worked in private practice focusing on litigation. As an associate at McAloon & Friedman, P.C., he represented hospitals and other health care practitioners in malpractice litigation and proceedings under the New York State Mental Hygiene Law. Previously, Hal was an attorney at the New York City Human Resources Administration, where he represented the City’s social services programs. Hal is also on the steering committee of a prominent voting rights group, conducting research on voter protection laws, advocating for election reforms and regularly serving as an election monitor. He earned his B.A. in Political Science from the University of Pennsylvania and his J.D. from the Benjamin N. Cardozo School of Law. Hal is admitted to the bars of New York and New Jersey.


Laura J. Protzmann is Associate General Counsel at KIND Snacks.  In her current role, she is responsible for managing KIND’s intellectual property portfolio and litigation, as well as supporting the marketing and communications teams in the development of product claims, social media campaigns, and the ecommerce site.  Previously, Ms. Protzmann was Senior Counsel - Marketing at Unilever United States, where she provided legal advice on marketing issues for Unilever's food brands. Ms. Protzmann counseled clients on all aspects of marketing law and promotional law, including counseling clients on right of publicity, privacy, sweepstakes, social media initiatives, and all product claims, including claims on health & nutrition.  Prior to joining Unilever, Ms. Protzmann was Senior Counsel - Marketing and Intellectual Property at Danone North America and an associate at Weil, Gotshal & Manges LLP, specializing in advertising and intellectual property litigation and counseling. She received her J.D. from Fordham School of Law.


Greg is Assistant General Counsel at BuzzFeed, Inc. where he handles intellectual property matters and legal support for the company’s advertising, marketing, and business teams.  Greg began his legal career as an intellectual property litigator in New York.  He was an early member of the Sports Law Practice Group at Proskauer and litigated for many years in Greenberg Traurig’s IP Litigation Dep’t.  He took an eight year sabbatical from law and started his own film production company, Acmegram, before landing at BuzzFeed in 2014.  He is a graduate of the University of Michigan and Georgetown University Law Center, and is very disappointed at the mediocre basketball seasons both schools had in 2015-16.


Ms. Reisbaum is an experienced litigator and trial lawyer. Her practice focuses on complex commercial, regulatory, and intellectual property disputes. Clients include established public and private companies, start-ups, business leaders, entrepreneurs, and government agencies. Ms. Reisbaum began her career at Debevoise & Plimpton and served as an Assistant U.S. Attorney for the Southern District of New York. She has been named to the New York Super Lawyers list every year since 2013.