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Hot Topics in Advertising Law 2020

Speaker(s): Ashima A. Dayal, Cheri E. Bessellieu, Christine L. DeLorme, Eric Goldman, Hal Hodes, Julia Shullman, Marc S. Roth, Melissa Landau Steinman, Nadia Makki, Paul R. Tremblay, Randi W. Singer, Rebecca Stamey-White, Risa Drexler, Roshal Erskine Marshall, Tanya L. Forsheit, Tsan Abrahamson
Recorded on: Jul. 23, 2020
PLI Program #: 277053

Ashima Dayal is a partner at Davis & Gilbert. Her practice concentrates on representing and advising the firm’s advertising, media and entertainment clients in both transactional and adversarial matters, ranging from licenses for use of fine art and literary materials, to disputes raising copyright, right of publicity, defamation, and false advertising claims. Ashima also counsels clients on entertainment union and guild issues pertaining to television, radio and Internet advertising.

Ashima has been recognized by The Legal 500 United States in the areas of copyright and advertising and marketing. She also has been recognized in Media Law International’s rankings for her work in the area of media law.

Immediately prior to becoming an attorney, Ashima was a publicist at the Fox Broadcasting Company and Baker Winokur Ryder Public Relations. While in law school, Ashima was Senior Editor of the Columbia Law Review, and prior to joining Davis + Gilbert, Ashima was an intellectual property attorney at Debevoise & Plimpton.

Cheri Bessellieu is an international data privacy attorney in Metro Atlanta. She works with companies in different capacities to address global data privacy compliance and risk management issues with a focus on CCPA and GDPR. Previously, she was Associate General Counsel, Privacy at MediaMath, Inc. In this role, she was responsible for implementing and strengthening MediaMath’s privacy program. She managed the company’s compliance with new, evolving and existing data privacy laws and regulations. Cheri began her privacy career at Weil, Gotshal & Manges. While there, she divided her time among the Technology & IP Transactions, Intellectual Property and Media, and Complex Commercial Litigation groups. In addition to data privacy and data security, she advised clients regarding intellectual property licensing, development, and commercial exploitation. She has experience in M&A, private equity and other corporate transactions as well as litigation involving IP and contractual disputes. During her time at Weil, she also did a one-year secondment to Panasonic in Osaka, Japan. Cheri has her Certified Information Privacy Professional (CIPP/US) credentials. She received her Bachelor of Arts from the University of Pennsylvania and a Juris Doctor from Fordham University School of Law. 

Melissa Landau Steinman is a partner in Venable's Advertising and Marketing Practice Group.  She assists companies advertising and marketing their products via traditional and online channels, and advises clients on the federal and state laws applicable to marketing, consumer protection and consumer product safety, with a focus on social media advertising and promotions, including sweepstakes, charitable promotions, contests, gift cards, "free" gifts, coupons and rebates, loyalty programs and advertising to children.

Ms. Steinman's unique understanding of the law of prize promotions, digital media, and federal and state regulatory law has led to engagements with a diverse clientele that includes some of the world's largest and most prominent consumer products and services companies; retailers and hospitality providers; media and gaming companies; entertainment personalities; and nonprofits and charitable entities.

Ms. Steinman is a frequent speaker and writer on topics like sweepstakes, contests, gaming, gift cards, loyalty programs, and advertising and promotions on social media. She is a member of the Global Advertising Lawyers' Alliance, and served two terms as a member of the Board of Directors of the Brand Activation Association, now part of the Association of National Advertisers. Ms. Steinman wrote and edited the Guide to Federal and State Regulation of Advertising, and contributed chapters to the American Bar Association's Consumer Protection Law Handbook and Globe Law and Business' International Advertising Law.  She is listed in Legal 500 and the Best Lawyers in America. 

Ms. Steinman received her B.A. from Columbia University and her J.D. from Harvard Law School.

Nadia Makki is Senior Counsel at Kind Snacks.  She manages KIND’s intellectual property portfolio and supports the marketing, communications, and product development teams.  She partners with the marketing and communications team to develop product claims, television and digital advertising, and social media campaigns.

Paul R. Tremblay is a Clinical Professor of Law and a Dean’s Distinguished Scholar at Boston College Law School. From 2012-2015 he served as the school’s Associate Dean of Experiential Learning. A member of the faculty since 1982, he teaches clinical courses at the Boston College Center for Experiential Learning as well as classroom courses in legal ethics and professional responsibility. Prior to his appointment at Boston College Law School, Professor Tremblay was a Senior Attorney at the Legal Aid Foundation of Los Angeles and an instructor at UCLA School of Law. He is a graduate of Boston College and UCLA School of Law.

Since 2008, Professor Tremblay has directed the Community Enterprise Clinic, a transactional clinical course at Boston College Law School. In the Community Enterprise Clinic, students represent low- and moderate-income entrepreneurs, small businesses, nonprofits, and first-time home buyers. The mission of the Community Enterprise Clinic is to support economic progress in under-resourced neighborhoods, and to offer a vibrant educational experience to students interested in business law, transactional work, and community economic development.

Before offering the transactional clinic, Professor Tremblay taught civil litigation and housing law clinics at the BC Legal Assistance Bureau.

Professor Tremblay is actively involved in matters of professional ethics, transactional practice, interdisciplinary collaboration, and legal services for the poor. He serves as the co-chair of the Boston Bar Association Ethics Committee, and is a member of the Massachusetts Supreme Judicial Court’s Standing Committee on the Rules of Professional Conduct.  He is a board member and treasurer of Lawyers Clearinghouse, and a board member and treasurer of Lawyers for Affordable Justice.  He is the co-author of two textbooks used in law school clinics around the country, the lead author of a treatise on lawyer discipline issued by the Massachusetts Board of Bar Overseers, and more than 30 law review articles.

Professor Tremblay was the 2019 recipient of the William Pincus Award, given annually by the Clinical Section of the Association of American Law Schools.  He received the  2008 Emil Slizewski Excellence in Teaching Award at the Boston College Law School commencement ceremonies, the 2004 Outstanding Advocate for Clinical Teachers Award from the Clinical Legal Education Association (CLEA), and the 2009 Community Commitment Award from the Waltham Alliance to Create Housing (WATCH).

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.

Rebecca Stamey-White is a partner with Hinman & Carmichael LLP, a nationally-recognized boutique law firm representing the alcoholic beverage, hospitality and cannabis industries and their service providers. Rebecca helps her clients secure and maintain their required alcohol and cannabis licenses by providing licensing, production, distribution, sales, and marketing counsel and defending clients before alcohol regulatory bodies when their licenses are at risk. She is the practice leader for the firm’s marketing, e-commerce, and cannabis practices. She has a particular interest and experience structuring compliant sponsorships and events, marketing campaigns and promotions, e-commerce platforms, and complex route-to-market licensing strategies.

Prior to Hinman & Carmichael, Rebecca was an associate in the San Francisco litigation group of Kirkland & Ellis LLP, where she worked on litigation involving constitutional challenges to state alcohol direct shipping restrictions and provided regulatory advice to California wine industry businesses, among other general litigation matters. Rebecca received her Bachelor of Arts degree in History & International Studies from Northwestern University and her juris doctor from Northwestern University School of Law. 

Rebecca is also professional faculty at Sonoma State University’s School of Business and Economics, teaching Wine Law and Regulatory Issues at the Wine Business Institute. She is also a frequent speaker at industry conferences, law and business schools and continuing legal education programs on the latest legal issues in the alcoholic beverage and cannabis industries.

Roshal Marshall is Managing Counsel, Global Privacy and Data Protection at McKesson Corporation.  At McKesson, she is the lead legal counsel providing advice to the enterprise and affiliated business units on a broad range of privacy matters related to patients, consumer and workplace privacy, data incident management, marketing, mergers and acquisitions, third-party agreements, and business transactions.

Prior to joining McKesson, Roshal was Associate General Counsel at Tufts Medical Center in Boston, MA. At Tufts Medical Center, she provided counsel on a range of transactional and regulatory health law issues. She advised senior executive management, physicians, researchers, and provided legal services to the academic medical center, physician organization, home health agency, parent company, and other affiliate organizations.

Roshal began her career as an Associate at Sutherland, Asbill and Brenna LLP before moving to her first in-house position as Regulatory Compliance Counsel at DeKalb Medical in Atlanta, GA.

Roshal earned a J.D. from Emory University Law School and a B.A., cum laude, from Lawrence University

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.

For the past five years, Risa has served as Senior Counsel-Marketing at Unilever United States.  In this role, she has advised a variety of brands in the personal care category, including iconic brands like Suave, Axe, and Tresemme and newly launched brands like Love Beauty and Planet.   She has also handled overarching Media-related issues and managed Unilever’s marketing contracts practice.  Beginning in August, Risa will assume the role of General Counsel-Litigation,  where she will be responsible for a broad range of litigation disputes, including commercial litigation, consumer class actions, false advertising claims, and products liability cases  Prior to joining Unilever, Risa was an associate at Kelley Drye & Warren, where she worked on a wide variety of commercial litigation matters.  She holds a B.A. in Music from Columbia College, an M.M. in Vocal Performance from Boston University, and a J.D. from Fordham University.  In her pre-lawyer life, Risa trained as an opera singer, and you can find her serenading her shih tzu, Kenzie, on NYC’s Upper West Side. 

Julia is General Counsel and Chief Privacy Officer at TripleLift. Previously, Shullman served in senior roles at Xandr including lead attorney for AppNexus’ Publisher Technology Group and most recently as Chief Privacy Counsel. In these roles, she helped launch prebid.js, develop an industry GDPR compliance framework as the Chair of the Steering Group for the IAB Transparency and Consent Framework, and guide other industry standards as a member of the NAI board. She began her career focusing on mergers & acquisitions at UBM, and Latham & Watkins. Shullman holds a B.A. in Government and Psychology from Georgetown University and a J.D. from Columbia Law School.

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.

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.

Widely considered one of the country’s top privacy and data security lawyers, Tanya Forsheit has advised on high-profile matters involving confidential data and other sensitive information for over 20 years. Ms. Forsheit is Chair of Frankfurt Kurnit Klein & Selz’s Privacy & Data Security Group and Supervising Partner of the Los Angeles Office. She advises on the protection, processing and monetization of data, including matters related to interest-based advertising, privacy policies, mobile apps, cloud computing, smart devices, and data analytics.

Ms. Forsheit has advised on hundreds of information technology deals and transactions on behalf of both service providers and enterprise purchasers, including multilayered AdTech and cloud computing agreements. She is routinely called upon to help clients respond to time-sensitive security events and has advised on hundreds of such incidents. She has worked with over a hundred clients on the compliance requirements of the California Consumer Privacy Act, as well as dozens of multinational clients on the compliance requirements of the EU General Data Protection Regulation. She is currently representing dozens more in preparing for, and addressing the policy implications of, the California Privacy Rights Act, taking effect in January 2023. 

The Legal 500 praised Ms. Forsheit in the 2020 edition as a “leading expert in CCPA” and “one of the leading authorities in data privacy.” The Los Angeles Business Journal included her as one of Los Angeles’ leading professionals “Thriving in Their 40s” in 2020. The Daily Journal named her as one of the top 20 Cyber attorneys in California in its inaugural 2018 list and again in 2020, and has twice included her in its list of "Top Women Lawyers."

Ms. Forsheit lectures widely on technology law topics and has been quoted on privacy and data security in publications such as the Wall Street Journal, Los Angeles Times, Forbes, ComputerWorld, Venture Beat, and Law360. She is currently an Adjunct Professor at Loyola Law School.

The International Association of Privacy Professionals (IAPP) has certified Ms. Forsheit as both an Information Privacy Professional (CIPP/US) and Privacy Technologist (CIPT). Ms. Forsheit is a past President of the Women Lawyers Association of Los Angeles.

Eric Goldman is Associate Dean for Research, Professor of Law, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate, at Santa Clara University School of Law. His research and teaching focuses on Internet law, and he blogs on that topic at the Technology & Marketing Law Blog [].

Hal Hodes is a Senior Attorney at the National Advertising Division (NAD) of BBB National Programs, Inc. Joining the organization in 2012, Hal resolves disputes over the truthfulness and accuracy of national advertising campaigns, writing and publishing detailed decisions that provide guidance and critical insights to the advertising industry. His decisions have touched on numerous important advertising law principles, including “up to” claims, the use of consumer reviews in claim substantiation, and defining the line between editorial content and advertising. Hal also regularly presents at conferences and CLE programs about advertising self-regulation and current trends in advertising law.

Prior to joining NAD, Hal worked in private practice with a focus on medical malpractice litigation and mental health law. Earlier in his career, he was an attorney at the New York City Human Resources Administration where he represented the city’s social services programs.

Hal earned his BA in Political Science from the University of Pennsylvania and his JD from the Benjamin N. Cardozo School of Law. Hal is admitted to the bars of New York and New Jersey.