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Advertising Law Institute 2018


Speaker(s): Brendan Healey, Brian G. Murphy, Holly A. Grochmal, Jason W. Gordon, Jordan Mitchell Heinz, Liisa M. Thomas, Marc S. Roth, Nerissa Coyle McGinn, Robert H. Newman, Sheila A. Millar
Recorded on: Oct. 18, 2018
PLI Program #: 219876

Brendan Healey is a Partner at the Chicago law firm of Baron Harris Healey LLC, where he works with clients on media and marketing law issues. Previously, Brendan was Deputy General Counsel, Media for American Media. Prior to joining American Media, he was Senior Counsel, Media and Promotions for Tribune Company, where he counseled the Chicago Tribune Company on marketing law issues and worked with Tribune’s eight daily newspapers as well as other Tribune business units on sweepstakes and contests. Brendan was a partner in private practice before joining Tribune Company. 

Brendan is a 1997 graduate of New York University School of Law, where he was an articles editor on the Law Review. After graduation, Brendan clerked for Boyce F. Martin, II, then the Chief Judge of the United States Court of Appeals for the Sixth Circuit. Brendan graduated with Honors and Distinction from Stanford University in American Studies and also received a Master’s from Stanford in English. Brendan has co-taught Advertising Law as an adjunct faculty member at John Marshall Law School in Chicago as well as legal writing for the intellectual property lawyer as a John Marshall adjunct. 

 


Brian G. Murphy counsels advertising agencies, advertisers, and entertainment companies as they develop and produce advertising, promotions and entertainment content across all media. Mr. Murphy has been named 2018 Attorney of the year for Advertising Law by Best Lawyers.

His practice focuses on copyright, trademark, right of publicity/right of privacy, false advertising, unfair competition, and defamation. Mr. Murphy negotiates and structures celebrity talent agreements, agency-client contracts, sponsorship arrangements, product integration deals, and music, film, and other content licenses. He assists clients in the development and execution of complex contests, sweepstakes, and charitable promotions and programs, including those involving user-generated content that are developed for social media, interactive, and mobile platforms. In addition, Mr. Murphy regularly advises clients on the development and production of branded entertainment projects, such as television shows, films, live events, electronic games, webisodes, mobisodes, and websites.

Mr. Murphy is a frequent and popular speaker on advertising, entertainment, and intellectual property issues. Mr. Murphy is an Adjunct Professor of Law at New York Law School where he teaches courses on entertainment and copyright law. Mr. Murphy previously taught at Fordham University Law School and has lectured at the Parsons School of Design. He is a member of the Copyright Society of the U.S.A.; the Entertainment, Arts & Sports Law Section of the New York State Bar Association; the Promotion Marketing Association; and the American Bar Association Intellectual Property Section’s Special Committee on Promotions and Marketing Law.

Mr. Murphy clerked for the Hon. Leonard B. Sand, United States District Judge in the Southern District of New York. He is admitted to practice in New York. 


Jason W. Gordon is a partner in the Entertainment & Media Group. He represents Fortune 100 brands, media companies, independent advertising agencies, airlines, quick service restaurants, consumer packaged goods companies, and other advertisers in all aspects of advertising, marketing, new media, branding, privacy, mobile marketing, behavioral advertising, right of publicity, and traditional trademark and copyright prosecution and counseling.

His practice includes the review of advertising copy, advising with regard to issues such as claim substantiation, false advertising and related intellectual property and privacy/publicity issues, and negotiating and drafting a broad array of contracts, including agency/client agreements, media buying agreements, sponsorship agreements and talent agreements. In the new media area, his practice includes drafting and advising on contracts related to social media, blogging, mobile marketing, behavioral advertising, app development and execution, music licensing, and charitable solicitations. In the intellectual property area, he advises on the protection, maintenance, and licensing of copyrights and trademarks. He also advises clients on sweepstakes, contests, and other promotions.

Jason also has experience in resolving complex issues and disputes raising false advertising, unfair competition, copyright infringement, misappropriation of ideas, e-commerce, and contract concerns.

Jason is an adjunct professor at Chicago Kent College of Law. He is teaching Advertising and Marketing Law. 


Jordan M. Heinz currently practices in both the intellectual property and general litigation departments. Within the intellectual property department, Jordan focuses on Lanham Act litigation (trademark, false advertising and unfair competition) and trade secret litigation across a broad range of industries. Within the general litigation department, Jordan focuses on complex commercial litigation matters, including employment and consumer fraud litigation. Jordan also helps coordinate the Firm’s pro bono program and currently serves as a Chicago Pro Bono Coordinator.

Representative Matters

  • Counsel for technology startup company in two lawsuits alleging the client falsely advertised and violated the Telephone Consumer Protection Act (TCPA). Won early summary judgment in one suit and a voluntary dismissal with prejudice in the other suit after defeating class certification.
  • Counsel for Mammoth Mountain Ski Area in lawsuit alleging violation of the TCPA; matter is pending.
  • Counsel for General Motors in lawsuit allegation violation of the TCPA. Secured favorable settlement for client prior to discovery commencing.
  • Counsel for Alight, Inc., formerly Aon Hewitt, in trademark infringement lawsuit involving house marks.
  • Counsel for Syngenta AG in multi-district litigation alleging false advertising and other claims related to Syngenta’s commercialization of a genetically-modified corn seed.
  • Counsel for Discover Financial Services in trademark infringement lawsuit involving graphic design element brought by ING Bank. Negotiated favorable settlement for client at close of fact discovery.
  • Trial counsel in successful false advertising suit on behalf of Equal no-calorie sweetener alleging that Splenda no-calorie sweetener misrepresented its artificial product as natural and misled consumers.
  • Trial counsel for DIRECTV in false advertising lawsuit related to high-definition picture quality.
  • Lead counsel for transgender individuals in a class action challenging President Trump’s transgender military ban (Karnoski v. Trump et al). Obtained a preliminary injunction against the ban and successfully fought back the government’s appeal opposing an emergency stay of the injunction.


Liisa Thomas is a Partner in Sheppard Mullin’s Chicago and London offices, and Practice Group Leader of its Privacy and Cybersecurity Team.  Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.”  Ms. Thomas is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and external practitioners alike.”  She is known as an industry leader in the privacy and data security space and is consistently recognized by Leading Lawyers Network, Chambers and The Legal 500.  Ms. Thomas was named to Cybersecurity Docket's "Incident Response 30," honoring 30 incident response professionals critical to managing data breaches (in both 2016 and 2018).  Ms. Thomas was recognized as the 2017 Data Protection Lawyer of the Year – USA by Global 100, the 2017 U.S. Data Protection Lawyer of the Year by Finance Monthly, and the “Best in Data Security Law Services” at Corporate LiveWire’s 2017 Global Awards.  She received her J.D. from the University of Chicago in 1996 and is admitted in Illinois and the District of Columbia.


Holly Grochmal is the Division General Counsel- Sales and Commercial Transactions at Pandora Media, Inc., where she leads a team responsible for supporting Pandora’s sales, marketing, commercial licensing, BD and revenue operations teams.    In her role at Pandora, she negotiates commercial transactions with top advertising agencies and advertisers in connection with Pandora’s digital advertising platforms.  In addition, she frequently negotiates complex agreements with ad networks and ad tech vendors.  Holly also provides guidance on data, privacy and GDPR and works with cross-functional teams to develop company policies.

Prior to joining Pandora, Holly was an Assistant General Counsel at E. & J. Gallo Winery where she focused on advertising law, social media and marketing sponsorships and promotions as well as alcohol beverage law.  Before joining Gallo, Holly spent 9 years in private practice as a corporate associate at Shearman & Sterling LLP (Paris, France and Menlo Park) and Coblentz, Patch, Duffy & Bass working on a wide-variety of commercial matters and corporate securities transactions.  Holly holds a J.D. cum laude from Cornell Law School and a B.A., magna cum laude from Colby College.


Marc advises clients on all things advertising, marketing, promotions and privacy, having practiced in these areas for decades, in various capacities. He is a former Federal Trade Commission attorney and served as Chief Marketing Counsel for a Time Warner subsidiary.  He is a frequent speaker and author on marketing, privacy and technology law.  He is recognized by Chambers and Best Lawyers US as a leading lawyer in national advertising and transactional law.


Nerissa Coyle McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy and intellectual property law. She has particular experience advising on matters involving the Children’s Online Privacy Protection Act (COPPA) and the Children’s Advertising Review Unit (CARU).

Nerissa works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products.  

Clients — including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes — regularly turn to Nerissa for trademark counseling services.   

In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. 

Her diverse roster of clients includes advertising agencies, large corporations, and professional sports teams including the New York Giants, the Chicago Bulls and the Detroit Red Wings. 

Nerissa also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. 

As a thought leader in her industry, Nerissa frequently speaks at events and conferences. She also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee, overseeing and revamping diversity policies and initiatives.


Rob is a partner in Reed Smith’s Entertainment & Media industry group. His practice focuses on privacy, data security, marketing, e-commerce and intellectual property matters. He has extensive experience advising consumer brands, agencies, content creators, and publishers on privacy and marketing regulatory compliance, the protection and commercialization of their creative properties, and litigation risk avoidance in connection with data privacy, intellectual property and emerging technologies. Rob was previously the Co-Chair of the Privacy, Security & Data Innovations practice group at Loeb & Loeb LLP and co-leader of the Global Privacy & Security Task Force at Winston & Strawn LLP. 

Recognized as a “Client Service All-Star” (BTI Consulting Group), Rob is a trusted business advisor working closely with clients to protect their data and creative advantages in the following areas:

  • Data Privacy and Security
  • Advertising, Marketing, and Promotions
  • Trademarks and Brand Protection
  • IP Transactions, Licensing, and E-Commerce
  • IP Disputes and Litigation
  • Talent, Music, and Copyright

Rob is an adjunct faculty member of Chicago-Kent College of Law and has also taught at The John Marshall Law School's Center for Intellectual Property, Information and Privacy Law.

Rob is actively involved in pro bono service on behalf of several prominent music and arts organizations. He is also a member of the Board of Directors of the Lawyers for the Creative Arts and Illinois Legal Aid Online (ILAO).


Sheila A. Millar, a partner with Keller and Heckman LLP, leads our firm’s consumer protection regulatory practices and brings deep experience to a range of public policy and regulatory matters, including advertising and promotions, connected products, privacy and cybersecurity, and product safety. She counsels international and domestic businesses on compliance questions and processes, represents them in regulatory enforcement matters, and advocates on their behalf before federal and state legislative and regulatory bodies.

Ms. Millar represents clients in enforcement investigations by the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), and state attorneys general, and in advertising proceedings at the National Advertising Division (NAD). She helps clients conduct advertising, privacy, security, and product safety compliance audits and develop or refine regulatory compliance procedures. She also provides crisis management legal support to domestic and international businesses and serves as external counsel to several trade associations.

Ms. Millar is a frequent speaker on domestic and international regulatory compliance and public policy issues. Her commentaries and analyses appear frequently in the legal press.

Ms. Millar is a vice chair of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chairs its Working Group on Sustainability. She is a frequent speaker and author.

Ms. Millar can be reached at 202 434-4143, or via email at millar@khlaw.com.