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Advertising Law Institute 2014


Speaker(s): Angela Tiffin, Brian G. Murphy, Holly A. Grochmal, Jordan Mitchell Heinz, Liisa M. Thomas, Matthew D. Gold, Nerissa Coyle McGinn, Randal M. Shaheen, Robert H. Newman, Robert Laplaca, Sheila A. Millar, Tsan Abrahamson
Recorded on: Oct. 9, 2014
PLI Program #: 55071

Angela Tiffin is a senior staff attorney with the Children's Advertising Review Unit (CARU), the self-regulatory program that promotes truthful and responsible children’s advertising.

She is responsible for evaluating child-directed advertising in all media as well as pre-clearing advertising at various stages of development to ensure compliance with the program Guidelines and other relevant laws. She has written a number of decisions involving food, toys and online media in addition to assessing online services for admission to CARU’s online privacy Safe Harbor Program.

Ms. Tiffin graduated with a B.F.A. from Concordia University in Montreal, Quebec and received her L.L.B. from the University of Windsor, in Windsor, Ontario, Canada.


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. 


Jordan M. Heinz currently practices in both the intellectual property and general litigation departments. Within the intellectual property department, Jordan focuses on Lanham Act litigation (trademark, false advertising and unfair competition) and trade secret litigation across a broad range of industries. Within the general litigation department, Jordan focuses on complex commercial litigation matters, including employment and consumer fraud litigation. Jordan also helps coordinate the Firm’s pro bono program and currently serves as a Chicago Pro Bono Coordinator.

Representative Matters

  • Counsel for technology startup company in two lawsuits alleging the client falsely advertised and violated the Telephone Consumer Protection Act (TCPA). Won early summary judgment in one suit and a voluntary dismissal with prejudice in the other suit after defeating class certification.
  • Counsel for Mammoth Mountain Ski Area in lawsuit alleging violation of the TCPA; matter is pending.
  • Counsel for General Motors in lawsuit allegation violation of the TCPA. Secured favorable settlement for client prior to discovery commencing.
  • Counsel for Alight, Inc., formerly Aon Hewitt, in trademark infringement lawsuit involving house marks.
  • Counsel for Syngenta AG in multi-district litigation alleging false advertising and other claims related to Syngenta’s commercialization of a genetically-modified corn seed.
  • Counsel for Discover Financial Services in trademark infringement lawsuit involving graphic design element brought by ING Bank. Negotiated favorable settlement for client at close of fact discovery.
  • Trial counsel in successful false advertising suit on behalf of Equal no-calorie sweetener alleging that Splenda no-calorie sweetener misrepresented its artificial product as natural and misled consumers.
  • Trial counsel for DIRECTV in false advertising lawsuit related to high-definition picture quality.
  • Lead counsel for transgender individuals in a class action challenging President Trump’s transgender military ban (Karnoski v. Trump et al). Obtained a preliminary injunction against the ban and successfully fought back the government’s appeal opposing an emergency stay of the injunction.


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.


Randal Shaheen is a partner in Venable’s regulatory and advertising and marketing practice groups. He represents clients before numerous regulatory agencies including the Federal Trade Commission, state attorneys general, the Consumer Financial Protection Bureau, and the National Advertising Division.

Mr. Shaheen has significant experience handling multijurisdictional matters and advising clients in all areas of advertising and marketing. He has worked on numerous matters related to "green" claims, dietary supplements, "Made in USA," privacy and data security, marketing to children, health and performance claims, weight loss, claims interpretation, comparative claims, and the use of surveys.

Mr. Shaheen is a graduate of Harvard Law School where he was the Notes Chair for the Harvard Law Review. He served as Co-Editorial Chair for the 2011 Review of Consumer Protection Law Developments and is the co-editor of a blog about issues critical to advertising and consumer law entitled allaboutadvertisinglaw.com which can be accessed at www.allaboutadvertisinglaw.com.


Robert Newman is a partner in the Advanced Media & Technology practice at Loeb & Loeb and is co-chair of the firm’s privacy practice. Mr. Newman is also an adjunct faculty member of Chicago-Kent College of Law and The John Marshall Law School's Center for Intellectual Property, Information and Privacy Law. He teaches courses on advertising and marketing law, e-commerce, and behavioral tracking and targeting. He is also a Lexis Practice Advisor in the areas of marketing and advertising.

Mr. Newman counsels clients in connection with marketing, privacy, data security, e-commerce and other intellectual property matters. He advises major brands, advertising agencies and digital media companies on all aspects of their consumer marketing communications, commercialization and enforcement of intellectual property portfolios, and litigation risk avoidance relating to IP, marketing and emerging technologies.

Named a “Client Service All-Star” by BTI Consulting Group in 2018, Mr. Newman works closely with clients to protect their creative advantages in the following areas:

Data Privacy and Security: Regulatory and compliance counseling, including with respect to behavioral advertising, “big data,” mobile marketing, digital media buy agreements, programmatic advertising, and marketing to children. Mr. Newman frequently handles responses to high profile data breaches and assists clients in the assessment and development of internal data privacy and security policies and procedures.

Advertising, Marketing, and Promotions: Advertising clearance for traditional and interactive advertising campaigns, and counseling on consumer protection issues, design and implementation of promotions, and new media matters, including social media, text message marketing, and user-generated content.

Trademarks and Brand Protection: Trademark selection and clearance, assistance with the development of branding strategies, trademark prosecution, and global trademark portfolios management. Mr. Newman also advises on domain name strategies and gTLD matters.

IP Transactions, Licensing, and E-Commerce: IP matters associated with mergers, acquisitions, outsourcing, transition services, and other significant corporate transactions. In addition Mr. Newman counsels clients on software and mobile application development, end-user licenses, application service provider agreements, and software licensing.

IP Disputes and Litigation: False advertising, copyright, trademark, domain name, defamation, right of publicity, and unfair competition disputes and litigation, as well as UDRP proceedings and matters before the National Advertising Division and the Trademark Trial and Appeal Board.

Talent, Music, and Copyright: Music and content licenses, and high-level talent agreements for use in advertising and branded entertainment. Mr. Newman also counsels content creators and content providers on the protection and commercialization of their music, literary, and other creative properties.


Sheila A. Millar, a partner with the law firm of Keller and Heckman LLP, counsels corporate and association clients on regulatory compliance and public policy issues.  She often appears before federal, state and international legislative and regulatory bodies. 

Ms. Millar advises clients on an array of advertising, labeling, marketing and privacy issues. She assists clients on claims and claim substantiation development and reviews. Ms. Millar’s extensive experience in privacy, data security and cybersecurity matters includes advising clients on privacy policies, data access procedures, trans-border data flows, privacy and data protection impact assessments, and data breach response procedures. She assists clients on digital media issues, helping them develop social media, blogging and user-generated content policies, as well as advertising technology and online behavioral advertising issues.  Ms. Millar also works with clients to navigate the array of federal and state requirements governing contests and sweepstakes, and advises on gift and loyalty cards, coupons and rebates. 

Ms. Millar also counsels consumer product and industrial manufacturers, distributors and retailers on risk management and product safety strategies, including issues related to connected products such as toys, appliances, fitness products, and medical devices. 

She represents clients on advertising and privacy matters before the Federal Trade Commission (FTC), the National Advertising Division (NAD), and the Children’s Advertising Review Unit (CARU), as well as in connection with investigations by state regulatory bodies and Attorneys General.  Ms. Millar also advises on compliance with laws administered by the Consumer Product Safety Commission (CPSC), as well as green chemistry and other product safety laws.

Ms. Millar is a vice chair of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chairs its Working Group on Sustainability and is a long-time advocate for advertising and privacy and self-regulation. Ms. Millar is a frequent speaker and author. 


Holly Grochmal is the Division General Counsel- Sales and Commercial Transactions at Pandora Media, Inc., where she leads a team responsible for supporting Pandora’s sales, marketing, commercial licensing, BD and revenue operations teams.    In her role at Pandora, she negotiates commercial transactions with top advertising agencies and advertisers in connection with Pandora’s digital advertising platforms.  In addition, she frequently negotiates complex agreements with ad networks and ad tech vendors.  Holly also provides guidance on data, privacy and GDPR and works with cross-functional teams to develop company policies.

Prior to joining Pandora, Holly was an Assistant General Counsel at E. & J. Gallo Winery where she focused on advertising law, social media and marketing sponsorships and promotions as well as alcohol beverage law.  Before joining Gallo, Holly spent 9 years in private practice as a corporate associate at Shearman & Sterling LLP (Paris, France and Menlo Park) and Coblentz, Patch, Duffy & Bass working on a wide-variety of commercial matters and corporate securities transactions.  Holly holds a J.D. cum laude from Cornell Law School and a B.A., magna cum laude from Colby College.


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.


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.


Matthew Gold is a staff attorney with the Federal Trade Commission's Western Region in San Francisco.  After graduation from law school in 1985, Mr. Gold joined the Federal Trade Commission's Washington, D.C. office.  Since moving to the Western Region in 1990, Mr. Gold has worked on numerous deceptive advertising matters, including cases against Apple Computer, CompUSA, Inc., Gateway, Inc., Oreck Corporation, Beiersdorf, Inc., L’Occitane, Inc., Nissan North America, Inc., and Sony Computer Entertainment America, LLC.  He has also been involved in cases against Hershey Foods Corporation and the American Popcorn Company, two of the Commission's first actions enforcing the Children’s Online Privacy Protection Rule.

Mr. Gold has participated in numerous FTC workshops and industry forums, giving presentations on general advertising, gift cards and product rebates, online privacy, and the application of FTC advertising law to e-commerce.  In November 2005, Mr. Gold traveled to Vietnam to participate in two consumer protection conferences designed to train officials from the Vietnamese Ministry of Trade.


Rob leads the Firm's Promotion Law practice, which includes sweepstakes, skill contests, instant win games, internet and mobile marketing promotions, trade promotions, and consumer offers. Rob counsels well-known brands, as well as advertising and marketing companies, from concept development through implementation and fulfillment.

Rob also counsels clients on cause marketing programs, including commercial co-ventures and charitable promotions. He represents both noted charities and major brands. He works with clients on program concept, contract drafting and review, state registration, and advertising. Rob has worked on many national and worldwide commercial co-ventures, including programs involving retail sales, online sales, charitable events and popular movie releases.

His practice also includes complex commercial litigation including matters involving corporate, contract, trademark and copyright law, and post-employment disputes. Rob’s practice includes both state and federal courts in Connecticut and New York and he has been admitted pro hac vice to litigate claims in federal courts of Illinois, Florida, Massachusetts and Minnesota. He also has extensive experience in commercial arbitrations and in state and federal appellate practice. Rob has had a number of successes during this career, including recently obtaining a $5 million arbitration award for his client who was a foreign agent in Thailand for a U.S. aircraft leasing company.

Rob graduated from Columbia College in 1989 with a B.A. in economics and from Brooklyn Law School in 1993. Rob lives with his wife and two children in Weston, Connecticut, where he is a state certified firefighter with the town's volunteer fire department, a role in which he was profiled in the Connecticut Law Tribune.