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Advertising Law Institute 2021


Speaker(s): Ashima A. Dayal, Brendan Healey, Brian G. Murphy, Jason W. Gordon, Liisa M. Thomas, Marc S. Roth, Mary A. Carragher, Nerissa Coyle McGinn, Paul R. Tremblay, Rachel T. Hudson, Randal Shaheen, Robert H. Newman, Sheila A. Millar
Recorded on: Sep. 23, 2021
PLI Program #: 305300

Mary A. Carragher is Chief Counsel-Global Marketing and Media, supporting, global advertising, marketing, production and media initiatives, the global brand equity teams, and global agency/vendor agreements related to advertising, marketing, production and media, and the tech and platforms related thereto.  She is also a member of the Global Social Media Cross Functional Governance team and leads the Global Marketing and Media Expertise Network, a global legal team with members from all regions and key markets that support marketing. She was previously Chief Counsel-Global Trademarks at MDLZ, supporting the Americas and leading global brand protection.  Mondelez International, which was spun off from Kraft Foods in 2012, is a global snacking company which owns the iconic brands OREO®, TRIDENT®, BELVITA®, CADBURY®, LU®, MILKA®, and many others.   Prior to joining Mondelez International, Mary had her own practice, representing clients such as Kraft Foods, Wm. Wrigley Jr. Company, McDonald’s Corporation, and Miller Coors with regard to trademark, copyright, advertising, marketing, agency and sponsorship related issues.   Earlier in her career, she was Vice President and General Counsel of Foote, Cone & Belding.  She started her career at Sidley & Austin in the Intellectual Property and Marketing Group.  Mary received her J.D. from the University of Chicago Law School.


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.


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. 


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.


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).


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.


Rachel Tarko Hudson is a partner in the Intellectual Property Practice Group in the firm's San Francisco office and co-leader of the Retail, Fashion, and Beauty industry team.

Areas of Practice

Advertising

Rachel advises clients in conducting advertising campaigns, contests and sweepstakes, and cause marketing campaigns.  She also counsels clients on compliance with e-mail, telephone, and SMS marketing regulations.

Technology and Commercial Transactions

Rachel drafts and negotiates agreements for software, SaaS, technology services, logistics, marketing, outsourcing, intellectual property licensing, sourcing and distribution agreements, and other commercial and transactional matters.

Privacy and Data Security

Rachel counsels clients on compliance with domestic and international privacy laws, including in Canada and the EU. She helps clients with drafting privacy policies and online terms of service for websites and mobile applications. She counsels clients experiencing data security breaches on response, notification, and mitigation.


Randy Shaheen has more than 30 years of experience as an advertising attorney. A member of BakerHostetler's Advertising, Marketing and Digital Media team, he represents clients before a variety of regulatory agencies, including the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), National Advertising Division (NAD) and state attorneys general, and he is sought after for his handling of multijurisdictional matters. Randy's background facilitates practical insight: He has a significant history with matters related to privacy and data security, marketing to children, "green" claims, dietary supplements, claims of weight loss and health and performance, comparative claims, the use of surveys and "Made in the USA" claims.

Select Experience

  • Represented numerous companies with respect to counseling and Federal Trade Commission (FTC) investigations related to the Children’s Online Privacy Protection Act (COPPA).
  • Represented a variety of leading companies in the hospitality industry with respect to counseling and FTC investigations related to drip pricing.
  • Represented diverse companies -- including the manufacturer of the nation's best-known yogurt brand, and a top provider of network infrastructure -- on multi-pronged federal/state investigations and coordinated settlements.

Admissions

  • District of Columbia

Education

  • J.D., Harvard Law School, 1985, magna cum laude
  • B.A., Bucknell University, 1982


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.