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Hot Topics in Advertising Law 2011


Speaker(s): Andy Roth, Carrie M. Anderson, Darren A. Bowie, David H. Bernstein, David M. Lange, Gerald L. Ford, Kathryn L. Farrara, Laura J. Protzmann, Lesley Fair, Lisa F. Cantos, Randi W. Singer, Robert Brauneis, Sofia S. Rahman, Thomas A. Cohn, Tsan Abrahamson
Recorded on: Mar. 21, 2011
PLI Program #: 28498

Robert Brauneis is Professor of Law and Co-Director of the Intellectual Property Law Program at the George Washington University Law School, where he teaches courses on Trademark Law, Copyright Law, and Intellectual Property History. He also serves on the Managing Board and the faculty of the Munich Intellectual Property Law Center. Professor Brauneis received his J.D. magna cum laude from Harvard Law School, and served as a law clerk to Judge (now Justice) Stephen G. Breyer and Justice David H. Souter. He has published widely in the areas of copyright and trademark law, and is the co-author of a casebook on copyright law that will be published by West in 2011.


Carrie Anderson is a partner in the Antitrust/Competition practice of the Washington DC office of Weil, Gotshal & Manges. Ms. Anderson advises clients in a wide range of industries, including consumer products, chemicals, financial products, oil and gas, medical devices and pharmaceutical products, industrial products, retail, technologies, and entertainment. She provides counsel for all aspects of competition and consumer protection government investigations and private litigation, as well as mergers, acquisitions, and joint ventures. Ms. Anderson represents clients in both state and federal courts, as well as before federal, state and international competition and consumer protection enforcement agencies. She also provides general antitrust and consumer protection counseling, including assisting clients in developing or improving compliance programs.

Prior to joining Weil, Gotshal & Manges, Ms. Anderson was an antitrust associate with Clifford Chance. She also was a summer associate and law clerk with the Federal Trade Commission's Mergers I division. Prior to that, Ms. Anderson participated in the Outstanding Scholars program at the Department of Justice's Antitrust Division.

Ms. Anderson earned her B.A. with honors from the University of Miami in 1993 and concurrently was awarded a Diploma in English Literature from the University of Kent in Canterbury, England. She obtained her J.D. with honors from Georgetown University Law Center in 1997. She was the editor-in-chief of the American Criminal Law Review's Twelfth Survey of White Collar Crime.

Ms. Anderson is admitted to practice in the Commonwealth of Massachusetts and District of Columbia, as well as the US District Court for the Districts of Columbia and Massachusetts and the US Court of Appeals for the First Circuit.

Professional Affiliations
Steering Committee Member, Association of the Bar of the City of New York, Antitrust & Trade Committee; Co-Chair, Women's Bar Association, Career Development Committee; American Bar Association's Antitrust and Litigation Sections; DC Bar Antitrust and Consumer Law Section.

Education
University of Miami (B.A., 1993); Georgetown University (J.D., 1997)


Darren A. Bowie is the Chief Privacy Officer and Assistant General Counsel at American International Group, Inc. (AIG). Mr. Bowie is responsible for developing and managing AIG's global privacy program and advising AIG and its businesses on privacy and data security legal and compliance matters. 

Before joining AIG, Darren served as Legal Director for North America at Nokia, where he managed the legal group that supports Nokia's business in the United States and Canada. Prior to Nokia, Mr. Bowie was Assistant General Counsel at AOL. Mr. Bowie began his career at the Federal Trade Commission, where he served in a number of positions, including as legal advisor to Chairman Timothy J. Muris. Mr. Bowie is a recipient of the FTC Distinguished Service Award and the FTC Louis D. Brandeis Outstanding Litigator Award.

Mr. Bowie graduated from the University of Pennsylvania Law School, where he was an editor of the Journal of International Business Law. He graduated with high honors from the College of William and Mary, where he was a member of Phi Beta Kappa.

Mr. Bowie is a member of the New York City Bar Association Consumer Affairs Committee. He also is a member of the Board of Directors of the Westchester County, New York-Southern Connecticut chapter of the Association of Corporate Counsel. He was a contributor to Consumer Protection Law Developments (ABA Section of Antitrust Law 2009), and an editor of FTC Practice and Procedure Manual (ABA Section of Antitrust Law 2007). Mr. Bowie is a Certified Information Privacy Professional (CIPP).


David Bernstein is a litigation partner and a member of the firm's Intellectual Property and International Dispute Resolution Groups.  He is one of the nation's leading intellectual property litigators, and has handled high-profile matters including trademark and trade dress infringement and dilution, false advertising, Internet and domain name law, anti-counterfeiting, copyright infringement, right of publicity, misappropriation, trade secret and patent infringement.  Mr. Bernstein is recognized as an intellectual property "Star" in the IFLR Benchmark Litigation Guide (2011). He is ranked in the top tier by Chambers USA (2010), where clients note he is "the doyen of trademark and false advertising law"; by Legal 500 US (2010), where he is seen as "a brilliant litigator," and "the dean of the IP litigation bar;" and by the World Trademark Review 1000 (2011), where sources note that he is a "leading light" who is "respected by all in the industry."  In 2011, Managing Intellectual Property magazine selected Mr. Bernstein as the Outstanding IP Litigator of the Year, the International Trademark Association awarded Mr. Bernstein the President's Award, and the International Who's Who of Trademark Lawyers selected Mr. Bernstein as one of the top ten trademark lawyers in the world.

Mr. Bernstein is a frequent participant in alternative dispute resolution. He has served as a neutral in ADR proceedings administered by the London Court of International Arbitration, the World Intellectual Property Organization, the International Institute for Conflict Prevention and Resolution ("CPR"), the Hong Kong International Arbitration Centre, and the National Arbitration Forum. 

Mr. Bernstein also serves on the Executive Advisory Committee of CPR.

Mr. Bernstein is an adjunct professor at George Washington University Law School and New York University Law School where he teaches Advanced Trademark Law.  He lectures regularly on intellectual property law and has authored or co-authored numerous treatises, chapters and articles on these issues, including The Law of Advertising, Marketing and Promotion (2011); "eBay & the Presumption of Irreparable Harm in Lanham Act False Advertising Cases," Computer & Internet Lawyer (2011); "Trademark and Unfair Competition Issues," Internet and Online Law (updated as of 2010); "Advertising Review, Clearance and Challenges," Successful Partnering Between Inside and Outside Counsel (updated as of 2011); "No Trolls Bared: Trademark Injunctions After eBay," 99 Trademark Reporter 1037 (2009); "Federal Circuit Misapplies Repair Doctrine to Method Patents," IP Law 360 (2006); and "Ethics and Privilege and United States Trademark Practice," 93 Trademark Reporter 1240 (2003). In 2007, Mr. Bernstein won a Barton Award for legal writing. He also was awarded the INTA Volunteer Service Award for his work on the Trademark Dilution Revision Act.

Mr. Bernstein is Past Counsel to INTA. He co-chaired the INTA 2005 Annual Meeting, has served on the INTA Board of Directors, and currently is Vice Chair of INTA's International Amicus Committee. 

Mr. Bernstein joined Debevoise in 1990. He received an A.B. magna cum laude from Princeton University's Woodrow Wilson School of Public and International Affairs in 1985, an M.Sc. from the London School of Economics and Political Science in 1986, and his J.D. from Yale Law School in 1989. Prior to joining Debevoise, Mr. Bernstein served as a Law Clerk to the Honorable Robert E. Keeton, US District Court for the District of Massachusetts, from 1989-1990.


DR. GERALD L. FORD

Dr. Ford is a partner in the marketing research and consulting firm of Ford Bubala & Associates, located in Huntington Beach, California.  As a partner in Ford Bubala & Associates, he has been engaged in commercial marketing research and consulting for the past thirty-five years. He is also an emeritus faculty member of the School of Business Administration, California State University, Long Beach, where he held a full-time teaching position for twenty-five years.

 He holds a Bachelor's Degree in Advertising (B.A.) from San Jose State University, a Master's Degree in Business Administration (M.B.A.) from the University of Southern California, and a Doctoral Degree in Business Administration (D.B.A.) from the University of Southern California. 

 He has spoken at meetings of the Marketing Research Association, the American Marketing Association, the American Intellectual Property Law Association, the American Bar Association, the Practising Law Institute, the Intellectual Property Institute of Canada, the NAD, and the International Trademark Association.

 Dr. Ford's papers include "Trademark Surveys:  Universe, Questions, and Future Approaches" [1987], "Responding to Trademark Surveys" [1993], "Dilution Surveys, New Challenges" [1997], "Dilution Surveys, Update 1998," "Lanham Act Related Surveys:  The Year in Review & Emerging Issues" [1999], "Lanham Act Surveys:  Two Years in Review" [2000], "Lanham Act Surveys:  2000," "Lanham Act Surveys:  2001," "Lanham Act Surveys:  2002," "Lanham Act Surveys:  2003," "Survey Evidence - Successful Challenges Since Daubert" [2003], "Lanham Act Surveys:  2004," "Lanham Act Surveys:  2005," "Intellectual Property Surveys:  2006," "Intellectual Property Surveys:  2007," and "Intellectual Property Surveys:  2008-2009."

 Dr. Ford is also a member of the Editorial Board of The Trademark Reporter .

 As a partner with Ford Bubala & Associates, Dr. Ford has been retained by a variety of firms engaged in the consumer product, industrial product, and service sectors of the economy to provide marketing consulting and research services.  Approximately one-half of the consultancies in which Dr. Ford has participated have involved the design and execution of marketing research surveys.

 During the past thirty-six years, Dr. Ford has been retained in a number of litigation-related consultancies involving intellectual property matters, including matters before U.S. federal and state courts, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the International Trade Commission. Dr. Ford has also been retained in litigation-related consultancies in intellectual property matters before courts and administrative agencies in Canada, England, France, Germany, and Norway.  Dr. Ford has designed and executed surveys relating to intellectual property matters, including trademark, false advertising, patent, copyright, and other related matters.


Lisa Cantos

Primary Areas of Practice: 
New media, marketing, licensing, partnerships, sales, and technology.

Law School:
Georgetown University Law Center

Work History: 
Starwood Hotels & Resorts Worldwide, Inc., July 2004 - Present
Weil Gotshal & Manges LLP, Associate, September 1999 - July 2004


Thomas Cohn advises clients on the legal and practical aspects of compliance with FTC and other federal and state consumer regulations and industry self-regulation programs, as well as representing clients during investigations and enforcement actions. His clients include a wide variety of online and offline advertisers and marketers, in many different subject matter areas. His practice covers all federal and state consumer protection and privacy laws and regulations, including newer ones such as the FTC's ID Theft Red Flags Rule.

Mr. Cohn draws on experience gained during his 17-year tenure at the FTC, where he was Regional Director and Assistant Regional Director for the Northeast Region, attorney in the Division of Marketing Practices, and legal advisor to the Director of the Bureau of Consumer Protection.

As FTC Northeast Regional Director, Mr. Cohn supervised all professional and support staff and led multi-agency enforcement efforts against various anticompetitive, unfair and/or deceptive practices. He was also responsible for numerous local and regional media and outreach efforts to educate consumers, business groups, and law enforcement agencies about how to detect and avoid fraud as well as how to comply with antitrust and consumer protection laws enforced by the FTC, such as the Telemarketing Sales Rule, regulations under CAN SPAM Act, Children's Online Privacy and Privacy Act, and Gramm-Leach-Bliley Act,  and consumer credit statutes such as FDCPA, TILA, FCRA and FACTA.

Mr. Cohn also spent four years as Legal Advisor to the Director of the FTC's Bureau of Consumer Protection, where he reviewed law enforcement recommendations, Congressional testimony, and other matters for the Director.

He served five years as a staff attorney in the FTC's Division of Marketing Practices, where he litigated fraud and rule violation cases, coordinated test shoppings of funeral homes for compliance with the Funeral Rule, and played a key role in the development and implementation of the Funeral Rule Offenders' Program, an innovative, self-regulatory alternative to traditional law enforcement.

Mr. Cohn is a graduate of Yale College and Boston University School of Law, and is a member of the New York City Bar Consumer Affairs Committee and the New York State Bar Food, Drug & Cosmetic Law Section.


Lesley Fair is a Senior Attorney with the Federal Trade Commission’s Bureau of Consumer Protection, where she has represented the FTC in numerous investigations of false advertising. She was a litigator with the FTC’s Division of Advertising Practices for more than 20 years and now specializes in industry education as the agency’s business blogger, business.ftc.gov. Lesley is among the few attorneys to have received the FTC’s Robert Pitofsky Lifetime Achievement Award. 

She is the author of FTC Regulation of Advertising in Food and Drug Law and Regulation (3d ed. 2015) and The FTC & Social Media in Social Media and FDA: The Essential Guide (2010). From 2000 to 2015, Lesley served as Vice-Chair of the American Bar Association’s Consumer Protection Committee. 

On the faculty of the Catholic University School of Law since 1984, Lesley holds the title of Distinguished Lecturer. She also teaches Consumer Protection Law at The George Washington University Law School. 

Lesley graduated from the University of Notre Dame and received a J.D. from the University of Texas School of Law. She clerked for United States District Judge Fred Shannon and served as staff counsel to the United States Court of Appeals for the Fifth Circuit in New Orleans.


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.


Sofia heads up the Social Media Legal department at Citi globally and is also responsible for Privacy and Data Protection across the Operations & Technology group. 

Her practice areas also include mobile applications, online and offline marketing, advertising, intellectual property and promotions.

Sofia began her in-house career with Citi in 2004.  Prior to that, she was in private practice at Davis & Gilbert, LLP in New York City.  Sofia received her J.D. from Boston University School of Law and her B.A. from Columbia College, Columbia University.


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.


Andy Roth is a Partner and Chair of Dentons' Global Privacy and Cybersecurity Group. Andy helps clients proactively manage risks by implementing strong policies and controls. Andy also specializes in incident response and crisis management, including high profile data breaches involving investigations by government agencies. Andy also helps clients leverage data responsibly to drive insight and innovation, recent work includes advising on digital marketing, cross-border data transfers, employee privacy, and third-party vendor management. Prior to Dentons, Andy was Chief Privacy Officer of American Express, ranked “The #1 Most Trusted Company for Privacy” five years in a row under his leadership.


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.


Kathryn is a Senior Marketing Counsel for Unilever United States, where she has handled a variety of brands in the personal care, food and beverage categories. In addition to counseling brands, Kathryn handles overarching issues related to Privacy and Social Media at Unilever.

Kathryn is also an active member of the American Bar Association Section of Antitrust, which includes the Advertising Disputes & Litigation Committee and the Consumer Protection Committee where she served as an Editor of the Section’s Report: Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division, which is expected to be published later this year.  

Kathryn has also served as an adjunct professor for New York Law School where she taught an introductory course on Advertising & Media Law as part of the NYLS Institute for Information Law & Policy job track program. Prior to joining Unilever and NYLS, Kathryn was a Senior Attorney and advertising review specialist for the National Advertising Division (NAD) of the Advertising Self Regulatory Council (ASRC) where she reviewed advertising campaigns for the Consumer Packaged Goods industry as well as the Telecommunications, Dietary Supplements and Automotive industries.