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Hot Topics in Advertising Law 2013

Speaker(s): Andra Dallas, Andrea E. Berner, Ashima A. Dayal, Catherine Bate, Cillian Kieran, Gary A. Kibel, Hon. Paul A. Engelmayer, Jeremy Feigelson, Mary K. Engle, Maureen C. Weiss, Michael Muse, Paul R. Tremblay, Po Yi, Randi W. Singer, Rebecca Griffith, Scott Schreiber, Shawn Flowers, Stephen Kline
Recorded on: May. 9, 2013
PLI Program #: 41823

Andrea E. Berner  

Primary Areas of Practice:  IP, Entertainment, Licensing, General Corporate and Contracts, Litigation

Law School
:  Cardozo School of Law

College: Columbia University

Work History

  • Penton Media, Inc.
  • Weil, Gotshal & Manges

Professional Memberships:  ACC, NYCBA, NYSBA   

Andra Dallas is an attorney in Research & Innovation at L’Oreal. She works on a daily basis to make sure that marketing claims in all formats including TV, digital and print can be validated in national and international markets. She also reviews all product packaging and product specific communication such as education materials for stylists and salons. Andra works closely with internal teams in the lab, evaluation department and consumer divisions to design testing strategies, whether those tests are clinical, instrumental or consumer related. 

Andra focuses on the haircare, styling and color products for L’Oreal and related brands, and occasionally works on products in skincare. She also led the claims review during the due diligence /acquisition process of Carol’s Daughter. Andra is also responsible for products marketed in L’Oreal’s Hispanic Zone countries, and she is fluent in Spanish.

Andra has recently transitioned to the Acquisitions/New Business Integrations team at L’Oreal where she will manage the integration process of an exciting new brand located in California. She will continue to assist the claims team where needed with respect to the new brand, but will take on a broader role within Research & Innovation while helping the new brand succeed and grow during the integration phase. 

Prior to joining L’Oreal in 2015, Andra was an attorney at the Children’s Advertising Review Unit, a division of the Council of Better Business Bureaus. There, she was responsible for reviewing claims of companies in all types of media and opening investigations when claims were not consistent with industry advertising guidelines and regulatory framework. 

Andra is a die-hard New Yorker who now lives in Montclair, New Jersey with her husband and two children. Her family will be relocating to Los Angeles this summer to take on new careers and personal adventures. When not working, she enjoys running and has successfully completed six marathons. 

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.

Catherine Bate joined Ad Standards in 2019 as the Chief Legal & Policy Officer. She is a recognized leader in the field of marketing, advertising and consumer product regulatory law in Canada. Previously, Catherine chaired the marketing and advertising law groups of two national law firms.  While in private practice, Catherine advised clients on issues ranging from consumer marketing and advertising strategies, promotions and sweepstakes, and data privacy practices. She also advised clients on consumer protection matters, product claims, labeling compliance, and navigating the rules around specially regulated products. Catherine holds a J.D. from the University of Toronto and is a member of the Canadian Bar Association.


  • J.D., University of Toronto, 2001
  • B.A., University of Toronto, 1998

Professional Achievements

  • Best Lawyers in Canada, Advertising and Marketing
  • Canadian Legal Lexpert® Directory, Marketing, Advertising and Regulatory Law
  • The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Advertising & Marketing Law – Toronto)
  • Lawyer of the Year, Best Lawyers in Canada, Advertising and Marketing, 2012, 2018 
  • Lexpert® Rising Stars Canada's Leading Lawyers Under 40 - 2012
  • Chambers Canada, Advertising, Marketing and Data Protection

Jeremy Feigelson is a litigation partner at Debevoise & Plimpton LLP, Co-Chair of the firm’s Cybersecurity & Data Privacy practice, and a member of the firm’s Intellectual Property and Media Group. He frequently represents clients in litigations and government investigations that involve the Internet and new technologies. His practice includes litigation and counseling on cybersecurity, data privacy, trademark, right of publicity, false advertising, copyright, and defamation matters. In 2018, American Lawyer named him “Litigator of the Week” based on the right of publicity victories of Debevoise client Take-Two Interactive in Lohan v. Take-Two and Gravano v. Take-Two at the New York Court of Appeals.  Other recognitions include designation as a “Privacy MVP” by Law360, a Cybersecurity & Data Privacy “Trailblazer” by the National Law Journal, and “IP Star” by Managing Intellectual Property.

Mr. Feigelson regularly speaks and writes on legal issues involving intellectual property, technology and privacy. His recent publications include ““Privacy Law Goes Big: California’s New Consumer Privacy Act” (Debevoise Debrief, July 2018) and “Cybersecurity Enforcers Wake Up to Credential Stuffing” (Bloomberg, February 2018).

Mr. Feigelson received his A.B. magna cum laude from Princeton University’s Woodrow Wilson School of Public and International Affairs in 1984. He received his J.D. cum laude from the University of Chicago Law School in 1991, where he was admitted to the Order of the Coif and served as Articles Editor of the Law Review. From 1991 to 1992, he served as law clerk to the Hon. Milton I. Shadur, U.S. District Court for the Northern District of Illinois.  He joined Debevoise in 1992.

Mr. Feigelson served prior to law school in the administration of Mayor Edward I. Koch of New York City. He has chaired the Government Ethics Committee of the New York City Bar Association. He currently chairs the Board of Directors of the Partnership for the Homeless, and serves as a Trustee of the Citizens Budget Commission, on the Leadership Council of the Committee to Protect Journalists, and on the Advisory Board of the Center for the Advancement of Public Integrity.


University of Chicago Law School, 1991, J.D.

Princeton University, 1984, A.B.

Maureen C. Weiss is Vice President and Legal Counsel at The Estee Lauder Companies, Inc. in New York, where she specializes in regulatory, marketing, and social media issues on a global basis. She was previously Senior Counsel at Unilever United States, Inc., handling U.S. regulatory and marketing issues for food and cosmetics, and before that was in private practice specializing in securities and general commercial litigation at Morgan, Lewis & Bockius LLP and Dechert LLP. Ms. Weiss is a graduate of New York University School of Law and Smith College

Michael Muse is a Co-Founder and VP of Product & Operations at LocalResponse. Michael's work at LocalResponse is preceded by his experience at buzzd, one of the first location based services. Prior to that, he worked in finance for JPMorgan.

Throughout his experience in LBS and AdTech, Michael has served roles in Product, Operations, Business Development, Ad Operations, Project Management, and led teams on a variety of projects.

Michael holds a degree from NYU with a major in Sociology and a concentration in Pre-Business.

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).

Po Yi is Vice President and Chief Advertising Counsel of American Express Travel Related Services Company, Inc. In this role, Ms. Yi serves as the primary counsel to the Executive Vice President and Chief Marketing Officer of American Express and his advertising and brand team, as well as for the New Member Marketing and Consumer Card Marketing groups. Ms. Yi negotiates all major media partnerships and brand sponsorships for American Express, and is intimately involved with the development of multi-platform advertising and promotional campaigns, in traditional, digital and social media. Since joining American Express in 2007, Ms. Yi has been an instrumental part of the development and expansion of some of the most innovative programs at American Express, in music, sports, fashion and film, and social and mobile commerce. Prior to joining American Express, Ms. Yi was a partner in the Advertising and Entertainment Department of Loeb & Loeb LLP, in its New York office.

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.

Scott Schreiber   

Primary Areas of Practice: Advertising law, IP

Law School:  Fordham University School of Law

Work History: 

 Prior to working at Saatchi, I was a Director in the legal affairs department at EMI Music. At EMI, I managed a large docket of affirmative and defensive legal claims impacting the company and managed outside counsel legal teams on EMI litigations.  Prior to joining EMI, I was an associate at Paul, Weiss, Rifikind, Wharton & Garrison LLP


Stephen Kline   

Primary Areas of Practice: Privacy, Advertising, Internet Regulation 

Law School: Brooklyn Law School    

Work History:
Stephen Kline is currently Senior Counsel, Privacy and Regulatory Matters, at Omnicom Media Group, the media services division of Omnicom Group Inc., where he is developing and leading OMG's global privacy and regulatory compliance programs relating to client, consumer, and employee data. Kline has advised clients on privacy matters for more than a decade. Prior to his work in the private sector, Kline prosecuted Internet fraud, privacy violations and cybercrimes at the offices of the Manhattan district attorney and the New York attorney general.

Professional Memberships: 

Kline is a Certified Information Privacy Professional, is a member of 4As Privacy and Government Relations Committees, and lectures on privacy, behavioral advertising, social media and identity.

Cillian Kieran is a proven leader, technologist, public speaker and manager. With three startups under his belt, two successes and one failure, he deeply understands what it takes to grow a successful business. Recruiting the best talent, breathing passion into that team and setting objectives that stretch them to deliver on a companies mission.

An accomplished software engineer, Cillian took his first coding job at 14. He subsequently dropped out of College to found his first software house - Whitenoise at the age of 19.

A proven leader, most notably as founder and CEO of CKSK, Cillian has managed responsibility for the overall P&L of a startup growing from a two man team with no revenue to $6M in revenue in 2012 and responsibility for a company of 35 employees across offices in Ireland, Netherlands and Poland in diverse fields including engineering, creative/design, account services and senior management.

As part of this role Cillian has worked with advertising groups to lobby government revisions to alcohol advertising standards.

An expert in communications strategy, Cillian has built the CKSK brand into an internationally awarded and recognized digital advertising agency working closely with brands such as Heineken, Sony PlayStation and Pepsi Co. to craft product roadmaps and digital communication strategies from targeted consumer insights.

He speaks and writes regularly on innovation in the technology/communication space and his thoughts have been published widely in the press. Most recently he spoke at the Dublin Web Summit, General Assembly New York, the New York Tech Meetup and BBC Worldwide HQ.

An accomplished leader and technologists with experience working in the Dublin and New York technology communities, Cillian is seeking a real challenge to which he can commit his immense passion, energy and experience.

Gary A. Kibel is a partner in the Digital Media, Technology & Privacy Practice Group of Davis & Gilbert. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters. He advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social media, programmatic media buying, mobile marketing, affiliate marketing, data collection and usage, and other emerging products and services. Mr. Kibel also serves as General Counsel to the Performance Marketing Association.

Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization’s collection, storage and use of data in all aspects of its business. He is a former co-chair of the International Association of Privacy Professionals’ (IAPP) New York City KnowledgeNet group. Mr. Kibel has been identified as a “Recognised Practitioner” in the Privacy & Data Security – Nationwide category by Chambers USA: America’s Leading Lawyers for Business (2015-2017). In addition, Mr. Kibel has been recognized by The Legal 500 United States in the area of privacy and data protection for six consecutive years (2012-2017).

Mary K. Engle directs the Federal Trade Commission=s Division of Advertising Practices. The Division is responsible for regulating national advertising matters, including claims about food, over-the-counter drugs, dietary supplements, alcohol, tobacco, and Internet services.  Ms. Engle joined the FTC as a staff attorney in 1990, has held a number of management positions in the FTC's Bureau of Consumer Protection, and has served as an advisor to a Commissioner. Before joining the FTC, Ms. Engle practiced law with a firm in Washington, D.C. She received an A.B. from Harvard University in 1983 and a J.D. from the University of Virginia School of Law in 1986.

Paul A. Engelmayer was nominated to the Southern District bench on February 2, 2011, confirmed by the Senate on July 26, 2011, and took the bench on September 26, 2011. He graduated summa cum laude from Harvard College in 1983 with a degree in Government and magna cum laude from Harvard Law School in 1987. In between college and law school, he worked as a staff reporter for The Wall Street Journal.

From 1987 to 1988, Judge Engelmayer clerked for the Honorable Patricia M. Wald, Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. From 1988 to 1989, he clerked for the Honorable Thurgood Marshall, Associate Justice of the United States Supreme Court. Between 1989 and 1994, Judge Engelmayer served as an Assistant United States Attorney for the Southern District of New York, largely assigned to the Official Corruption Unit, where he tried numerous white-collar cases and handled numerous appeals; in 1994, he served as Deputy Chief Appellate Attorney at the U.S. Attorney's Office.

 As Assistant to the Solicitor General of the United States from 1994 to 1996, Judge Engelmayer briefed and argued cases before the United States Supreme Court and advised the Solicitor General regarding appellate litigation. In 1996, he returned to the United States Attorney's Office as Chief of the Major Crimes Unit, serving in that role until January 2000. In that capacity, he supervised a unit of two dozen prosecutors responsible for a wide array of white-collar matters while continuing to try cases. Judge Engelmayer received the U.S. Attorney's Director's Award for Superior Performance in 1998 in connection with his prosecution of the case of United States v. William F. Duker.

 In January 2000, Judge Engelmayer joined the law firm of Wilmer Cutler & Pickering (later Wilmer Cutler Pickering Hale and Dorr) as a partner in the firm's New York Office. In 2005, he was named Partner-in-Charge of that office, a role he held until leaving the firm for the bench. At WilmerHale, he specialized in complex civil and securities litigation, criminal defense, appellate litigation and securities enforcement; he also handled a substantial pro bono docket.  He has also taught or lectured at various professional conferences and at law schools.

 Judge Engelmayer is a lifelong New Yorker and is married to Emily Mandelstam. They have two children.

Rebecca Griffith, Staff Attorney, joined NAD in June 2010. Prior to joining NAD, Becky practiced law at Day Pitney LLP in New York City, where she concentrated on branding and intellectual property protection and counseling clients regarding trademark, copyright and advertising law. While at Day Pitney, Becky's practice included trademark clearance, prosecution, and licensing, as well as trademark and copyright infringement litigation in the federal courts, proceedings in the United States Patent and Trademark Office and appeals in the United States Copyright Office. Becky represented domestic and international clients in a variety of industries, such as consumer products, technology, pharmaceutical, not-for-profit, financial services, fashion, media/entertainment, publishing, software, hospitality and travel, textiles, food and beverage. Becky has also worked as a litigator at Fried, Frank, Harris, Shriver and Jacobson LLP and at the intellectual property law firm Ladas & Parry LLP. As a law student, Becky interned for the Honorable Maryanne Trump-Barry, then of the District of New Jersey. Becky is the Member at Large of the Intellectual Property Law Section of the New York State Bar Association and a member of other local and national bar associations. She earned her B.A. in English literature, cum laude, from the University of Pennsylvania, and her J.D. from New York University School of Law. Becky is admitted to the bars of New York State, and the Southern and Eastern Districts of New York.

Shawn Flowers is Associate General Counsel at Time Inc., where she oversees advertising matters, policies, and programs. She provides day-to-day legal and business risk advice to the corporate Ad Sales and Marketing Group, Research and Insights Group, Digital Ad Inventory Group, Ad Operations Group, and News Group Custom Content and Time Inc. Content Solutions divisions. In this role, Ms. Flowers advises clients on a wide range of matters including online behavioral advertising, new ad products, copyright, right of publicity, data collection and use, ad creation, copy acceptance, consumer marketing, data privacy issues and video production and content licensing. Ms. Flowers is responsible for negotiating Time Inc.'s agreements with data vendors and advertising-related companies, including data brokers, ad agencies and ad exchanges. She has also advised senior management on establishing advertising policies and crafting responses to proposed legislation and industry advocacy and is the author of the company's policies regarding data collection and use through advertising.

Prior to focusing on advertising at Time Inc., Ms. Flowers was the primary counsel to MONEY Magazine, HEALTH Magazine and TEEN PEOPLE Magazine (and their respective digital properties), the THIS OLD HOUSE division (television show, magazine and website), and Time Inc. Brand Licensing (the centralized trademark licensing division), and advised Time Inc. Production and the Strategic Planning Division.  Some of the matters she handled included the purchase of the THIS OLD HOUSE properties and ESSENCE Magazine and the shutdown of TEEN PEOPLE Magazine and Website.

Before joining Time Inc., Ms. Flowers was a corporate associate the media boutique law firm Kay Collyer & Boose LLP; and, prior to that, she was a corporate associate at Cleary, Gottlieb, Steen and Hamilton.

Ms. Flowers attended law school at New York University, where she was on the Law Review. She holds a B.A. in Political Science from the University of Chicago.

She sits on the board of The Transport Group, a Manhattan-based, not-for-profit off-Broadway theatre company that stages new works and re-imagines revivals by American writers.