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Hot Topics in Advertising Law 2021

Speaker(s): Ashima A. Dayal, Christine L. DeLorme, Christopher R. Chase, Danielle S. Van Lier, Guiselle Torres, Hal Hodes, Jane G. Pollack, Jill Pilgrim, Kathryn Tunis, Kyle-Beth Hilfer, Marc S. Roth, Margaret Lu, Paul R. Tremblay, Randi W. Singer, Tsan Abrahamson
Recorded on: Jun. 21, 2021
PLI Program #: 304989

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.

Christopher R. Chase is a partner at Frankfurt Kurnit where he practices intellectual property, advertising, sports, and entertainment law.

He counsels entities and individuals in the advertising and entertainment industries on all aspects of their businesses, including rights clearance (such as copyright, trademark, and rights of publicity), regulatory matters, and risk assessment. He structures and negotiates creative services agreements, commercial production agreements, brand and celebrity licensing agreements, sponsorship and event promotion agreements, celebrity talent and on-camera agreements, content distribution agreements, media agreements, and content releases and licenses. He also counsels clients regarding potential and actual litigations arising out of commercials, print advertisements, sweepstakes, contests, and other promotions, magazines, films, and television productions. Further, he has vast experience addressing music issues, including structuring and negotiating master use and sync licenses for commercials, video games, television productions, and films, music distribution agreements, artist/band services, appearance, and promotion agreements, and concert sponsorships.

Additionally, he works with numerous clients in the sports industry, including counseling major sports leagues on branded entertainment, intellectual property, and promotional matters; advising both sponsors and properties on the structure and negotiation of sponsorship and endorsement arrangements; counseling agency clients that activate sponsors’ marketing campaigns; advising major sports apparel, footwear and fitness companies on marketing campaigns and IP matters; and advising soccer players on transfer agreements. Mr. Chase has been quoted in Sports Business Journal, The New York Times, The Washington Post, USA Today, and The Associated Press on various legal issues and is a founder of the firm’s sports law group.

Mr. Chase’s practice also includes counseling entertainment, advertising, sports, media, and fashion industry clients on the clearance, selection, maintenance, and enforcement of trademarks worldwide, as well as prosecuting trademark applications before the U.S. Patent and Trademark Office and participating in actions before the Trademark Trial and Appeal Board.

Mr. Chase is a member of the Entertainment, Arts and Sports Law Section of the New York State Bar Association, the Sports Lawyers Association, the International Trademark Association, and the Copyright Society of the U.S.A. Prior to joining Frankfurt Kurnit, Mr. Chase was a litigation associate at Clifford Chance Rogers & Wells LLP.

Kathryn Tunis is a Director of Advertising and Program Standards at NBCUniversal. A long-time Standards professional, Kathryn has worked across all areas of the business with an expertise in highly challenging categories and the industry’s biggest events, including the Olympics and Super Bowl. In addition to providing external guidance, Kathryn advises colleagues across NBCUniversal on standards policies, cross-company initiatives, and reputational risk. Kathryn has a deep knowledge of advertising substantiation, regularly vetting complex clinical studies and working with advertisers to get truthful, exciting ads on the air.

Kathryn is a graduate of the Jepson School of Leadership Studies at the University of Richmond and currently resides in NYC.

Kyle-Beth Hilfer has over 30 years’ experience advocating for brands as an advertising/marketing and intellectual property law attorney. Ms. Hilfer represents clients in many industries, including consumer products/services, luxury goods, entertainment, media, dietary supplements and food, hospitality,  restaurant, cannabis, e-commerce, sports, advertising, promotions, marketing, and design.

Ms. Hilfer helps clients launch, market, and protect their brands. She works to secure, protect, and license intellectual property portfolios. She also helps clients leverage traditional, digital, and emerging marketplaces. Harnessing her unique understanding of social media, mobile, and digital marketing, Ms. Hilfer regularly advises on the multi-disciplinary legal issues associated with branding and leveraging consumer data. She advises from the concept stage through execution on specific marketing techniques, such as:

  • copy clearance
  • sweepstakes and contests
  • loyalty programs
  • influencer marketing
  • cause marketing
  • autorenewal, free trial, and other continuity and subscription programs
  • user-generated content
  • ·native advertising
  • app development
  • text and email marketing
  • green marketing
  • coupons, gift cards, warranties

Ms. Hilfer guides her clients through the regulatory maze to minimize legal risk. She drafts and negotiates all related contracts and transactional documents to protect her clients’ legal and business interests, with an eye toward avoiding litigation in the future.

Ms. Hilfer has long been an advocate for alternate methods of dispute resolution in all kinds of commercial disputes. She is an experienced arbitrator and mediator for the American Arbitration Association,  the World Intellectual Property Organization, and the City of New York’s Office of Administrative Trials and Hearings Contract Dispute Resolution Board.  She is also a Special Master for the 2d Judicial Department’s Appellate Division in the Supreme Court of the State of New York. Ms. Hilfer has been listed as a SuperLawyer for Media & Advertising.

As an adjunct to her law practice, Ms. Hilfer is on the Board of Editors of Law Journal Newsletters “The Intellectual Property Strategist.” At the Westchester County Bar Association, Ms. Hilfer serves on the Board of Directors and Executive Committee. She also serves as a member of both the Ethics Board for the Town of New Castle and the Westchester Fair Campaign Practices Committee.


Harvard Law School (J.D., cum laude)

Yale College (B.A., summa cum laude, Phi Beta Kappa)

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.

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.

Danielle Van Lier is assistant general counsel, intellectual property and contracts at SAG-AFTRA. Van Lier began her position at the former Screen Actors Guild in 2000. She is responsible for managing SAG-AFTRA’s third-party contracts and intellectual property, as well as other efforts aimed at protecting the rights of SAG-AFTRA and its members. Van Lier has written several amicus curiae briefs on behalf of SAG-AFTRA and other parties in cases before the U.S. Supreme Court, the Ninth Circuit Court of Appeals and the California Supreme Court on issues such as rights of publicity, copyright and the California Talent Agencies Act.

Before joining Screen Actors Guild, Van Lier practiced law in Los Angeles. Prior to entering practice, she served as a legislative fellow in the U.S. House of Representatives.

Van Lier is a past chair of ACC’s Sports & Entertainment Committee and a past Southern California chapter board member. Additionally, she was a founding board member of Saving Wildlife International, a nonprofit wildlife education company in Los Angeles. In late 2018, she launched a photography business focusing primarily on landscape and wildlife photography.

Van Lier earned her J.D. from Washington University School of Law in St. Louis, where she served on the Journal of Urban and Contemporary Law and concurrently pursued a Master of Arts in East Asian Studies. She received a Bachelor of Arts Degree in Japanese Language, Literature and Cultural Studies from University of California at Santa Barbara and recently received her LL.M. with Merit in Innovation, Technology and the Law through University of Edinburgh where her dissertation focused on the threat posed by deepfakes.

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, social impact initiatives, 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.

In addition to her work at Uber, Jane is a member of the Beacon Giving Group, a grant-making community of women that makes grants to smallish not-for-profits in New York City.

Jill Pilgrim’s distinguished career includes decades of experience working in the legal, sports business and corporate environments, as an attorney, strategic business consultant, international consultant, arbitrator, entrepreneur, law professor, speaker, and published legal author.

Pilgrim’s career spans a diverse array of work environments; big law, in-house counsel, solo private law practice and higher education.  As the general counsel of the Ladies Professional Golf Association (LPGA), Pilgrim rendered legal advice and handled matters ranging from corporate governance to dispute resolution, policy matters, protecting intellectual property rights, contractual relationships, member services and athlete eligibility. Prior to joining the LPGA, she spent eight-and-a-half years as general counsel and director of business affairs for USA Track & Field, Inc. (USATF), the Olympic governing body for the sport of track & field.  At USATF, Pilgrim’s responsibilities included rendering business and legal advice to chief executive officer, president, board of directors and staff of the organization.  In private practice, Pilgrim has represented and advised hundreds of entrepreneurs, small and medium-sized businesses, as well as individuals and business entities involved in the entertainment and sports industries.

In the realm of ADR, Ms. Pilgrim served on the Division I National Collegiate Athletic Association (NCAA) Committee on Infractions, and was an independent hearing officer for the New York State Gaming Commission.  She is an arbitrator and mediator for the International Institute for Conflict Prevention and Resolution, and an arbitrator for the American Arbitration Association for commercial and domestic Olympic and sports disputes.  Ms. Pilgrim is a long-serving securities industry arbitrator for the Financial Industry Regulatory Authority (formerly, the National Association of Securities Dealers).  She also conducts pro bono mediation for the New York District office of the Equal Employment Opportunity Commission and is a pro bono arbitration and mediation on attorney-client fee disputes for the New York County Lawyers’ Joint Committee on Fee Disputes and Conciliation.

In private practice, Pilgrim has represented numerous for-profit and not-for-profit entities, entrepreneurs and start-ups, as well as representing athletes and coaches in disputes with sport governing bodies.  This has included high school and college athletes, youth and Olympic athletes and coaches, and sports organizations.

On the charitable side, Pilgrim was appointed to the prestigious Knight Commission on Intercollegiate Athletics, beginning her term in January 2019.   She is also the founder and president of the Center for the Protection of Athletes’ Rights, Inc. (CPAR), a nonprofit advocacy, education and legal service provider for low income members of the U.S. athletic community.

Ms. Pilgrim’s legal career began as a tax and corporate associate at New York City law firms, including Willkie Farr & Gallagher and Cowan Liebowitz & Latman. In 1990, she established her own private law practice, Pilgrim & Associates, which she returned to after her respective tenures as general counsel at USATF and the LPGA, after running a sports consulting agency, Precise Advisory Group.  

Ms. Pilgrim is currently Managing Attorney of Pilgrim & Associates Arbitration, Law & Mediation LLC.

Maggie is Vice President & Assistant General Counsel, at Diageo, a global leader in beverage alcohol with a collection of brands across spirits and beer – including  Johnnie Walker, Smirnoff, Captain Morgan, Don Julio, Casamigos, Tanqueray and Guinness – and enjoyed in more than 180 countries.

At Diageo, Maggie advises and supports the North America business on various regulatory, marketing and commercial issues, and leads in the areas of joint promotions and sponsorships, including a number of sports sponsorships across the U.S.  Maggie is actively engaged with the Distilled Spirits Council (a leading trade association for distilled spirits in the U.S.), including its Code of Responsible Practices for Beverage Alcohol Advertising and Marketing.

Maggie previously held a variety of roles at Diageo, including as Director & Senior Counsel, for Marketing, Digital and IP, in North America, and Interim Counsel roles in Europe, including Regional Counsel for Northern Europe, France and MENA and Europe IP Counsel.  Prior to her career at Diageo, she worked at law firms in New York and clerked for the Federal District Court, Eastern District of Pennsylvania.  Maggie graduated from Princeton University and the University of Pennsylvania Law School and currently resides in NYC.  

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.

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.