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The Future of AdTech Law 2021


Speaker(s): Brian Nixon, Elle Todd, Eva Pulliam, Fran Mady-Defranco, Jane G. Pollack, Monique N. Bhargava, Romy Horn
Recorded on: Apr. 14, 2021
PLI Program #: 305895

Brian Nixon’s practice spans advertising, technology, emerging media and privacy, with particular focus on clients implementing targeted advertising strategies and other data-driven marketing initiatives across various media channels. He provides forward-thinking counsel to clients ranging from startups (including social media platforms and emerging media ventures) to Fortune 500 companies.

He advises organizations of all sizes on data optimization, mobile commerce, Telephone Consumer Protection Act compliance, online behavioral advertising, privacy issues, mobile apps, software development, advertising service agreements and content license agreements. Brian works with clients from a range of industries, including automotive, financial services, entertainment, media companies, online retailers, consumer products companies, fashion technology, new media ventures, sports leagues, and advertising and promotions agencies.

Brian has handled all aspects of drafting and negotiating agreements in marketing, merchandising, publishing, promotions, media, sponsorships, entertainment, branded and integrated marketing, and social media.

Prior to beginning his legal career, Brian worked as a technology consultant specializing in the development and implementation of e-business solutions for international companies. His clients value his technical knowledge and understanding of their business.

Brian has been named in The Legal 500 US for his notable work in the marketing and advertising industries. He is a frequent speaker at industry events in the marketing, advertising, privacy and technology sectors. 


Monique N. Bhargava advises brands, advertising agencies, media and technology companies in all aspects of their business, including data privacy and security, digital media, sponsorships, content and IP licensing, and advertising/marketing matters. She also focuses on the convergence of advertising and emerging technology, helping clients navigate unique issues in new media, mobile marketing, social media, AdTech and user-generated content. 

Nikki’s clients span a wide array of industries, including food and beverage, retail, automotive, consumer packaged goods, restaurants, pharmaceuticals and OTC, financial services, advertising, media (including broadcast, print, and digital), technology and sports. 

Armed with practical and business-minded solutions, Nikki works with clients to achieve their goals while managing legal risks in the following areas:

  • Data Privacy and Security: Domestic and international compliance (CCPA, GDPR), cross-border transfers, online behavioral advertising, use and monetization of “big data”, mobile privacy, cross-device data collection and use, and data breach preparedness and response. 
  • Technology and E-Commerce: Website and mobile development, including transactional agreements, software and platform licensing, end-user license agreements, and other consumer facing policies. She also advises clients on E-Commerce strategies, including vendor and payment provider agreements, product quality and safety matters, and marketing integrations. 
  • Advertising: Claim substantiation, advertising and rights clearance, state and federal regulation, intellectual property issues (copyright, trademark, rights of privacy and publicity), agency/client contracts, media and adtech agreements, content licensing, talent and production contracts, social media, union issues, children’s advertising, network clearance, and sponsorships. 
  • Trademark, Domain Name, and Brand Protection: Trademark clearance for branding and advertising purposes, domain name and gTLD management and enforcement, asset licensing and protection strategies, as well as trademark portfolio management and enforcement. 


Romy Horn is General Counsel at W2O Group, a healthcare-focused, analytics driven, marketing communications agency.  She currently leads the agency’s Legal and Business Affairs team and works hand in hand with the entire infrastructure group on a daily basis.  Romy is fluent in global operations US, EMEA, and APAC with a heavy strength focus in IP, Digital and integration across OpCo practices and departments. She leads the company’s legal strategy and execution which includes the responsibility to oversee M&A, streamline services, and improve relations with procurement departments to better meet client needs.

Prior to joining W2O, Romy was General Counsel at 360i for 7 years where she closely partnered with the Senior Leadership team to deliver a strong mix of risk prevention and protection and bring a true Value add across the network.  Romy has over 14 years of litigation and arbitration experience and a broad knowledge of the key intricate legal issues that surface in an evolving digital arena. She has shared her knowledge and experience at many legal conferences including, NYSBA on Native Advertising, ACI’s Annual Summit on Digital Advertising Compliance and Corporate Counsel’s Annual IP Trademark, Copyright & Licensing Counsel Forum.

Romy is a Brooklyn resident, graduate of Adelphi University (BA History and Dance) along with a J.D. from St. John’s University School of Law.  She spends her limited free time with infuriating multi-piece puzzles and has cultivated strong but well-informed opinions on the best Chinese noodles in NYC.

 


Elle is a partner based in London and widely recognised as a leading practitioner in digital and data law.

Her clients range from the biggest international household names to disrupters and tech entrepreneurs. She has a deep knowledge of the media, consumer brands, and technology sectors in particular, helping clients to navigate compliance and commercial issues in order to innovate and succeed.

Working in data and tech law for nearly 20 years, Elle supports clients with data protection compliance in all its guises, including audits, security incident response, designing and implementing GDPR compliance programmes and assistance liaising with regulators and data protection authorities in the event of investigations, notifications and complaints. Elle firmly believes that regulation should not be viewed purely as a compliance obligation and she regularly works with companies to come up with innovative ways of using data and digital compliance requirements to better engage with customers, improve data sets and embed strategy and compliance within organisations. Clients often turn to her for dynamic training and a more commercial approach as well as support in data licensing and strategy (whether personal data or not).

Well versed in technology, Elle has a wealth of experience in new technologies and supports clients with the commercial contracts and compliance aspects of digital transformations, including new forms of engagement and insights across apps, ecommerce, social media, IoT, AI and adtech. She also assists with complex technology transactions.

Elle is a global advisor with particular experience of Asia Pacific, having spent 3 years based in Singapore setting up the Technology and Media team for her previous firm. Whilst there, she also assisted companies with data compliance issues across South East Asia when such laws first came into effect and was described in Chambers & Partners Asia Pacific as an “outstanding lawyer”.

In addition to client work, Elle also holds non-executive advisory roles for tech start-ups.

Elle is also author of the third edition of Gringras: The Laws of the Internet, a key legal text book covering laws relevant to ecommerce including copyright, online contracting, data protection and content related issues.


Eva is a Partner at Arent Fox LLP and concentrates her practice on brand protection: protecting data, brand image, and brand names.

Eva specifically provides brand protection legal guidance in the areas of data privacy, advertising and marketing, and trademark.

In the privacy space, Eva counsels clients around data collection, use, and transfer, as well as the development of appropriate internal and external-facing policies to govern such practices. For example, she monitors developing laws in the data privacy space such as the California Consumer Privacy Act, and works frequently with issues involving cross border data transfers and international data privacy law compliance as well as advising clients in the event of a data security breach.

As a member of the advertising team, Eva ensures that she understands the ins and outs of client brands and brand image. She reviews advertising materials and advises clients on federal and state laws, including unfair and deceptive trade practice regulations enforced by the Federal Trade Commission (FTC) as well as FTC guidance related to green marketing, e-mail marketing, and telemarketing. Some of Eva’s notable experience is in the area of online gaming and lottery regulations. Eva also has experience drafting and reviewing promotion rules for contests and sweepstakes, as well as assisting clients with prize fulfillment and other aspects of client promotions.

Eva’s work in the intellectual property group includes policing, clearing, registering, and enforcing clients’ trademarks. She also handles various matters, including domain name issues and infringements.

Previous Work:

Eva served as a judicial intern for the Honorable Reggie B. Walton, US District Court for the District of Columbia. She also served as a law clerk for the US Attorney’s Office for the District of Columbia.

Publications, Presentations & Recognitions:

Eva has been recognized as a “Next Generation Leader” in The Recorder ’s Women Leaders in Tech Law from a pool of over 200 nominees for her extensive work in the tech industry.

Eva regularly presents on advertising, intellectual property, and privacy. Her recent presentations have spanned topics such as the European General Data Protection Regulation, online gambling, and social media influencers.


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.