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Hot Topics in Advertising Law 2016

Speaker(s): Amy C. Sochard, Ashima A. Dayal, Bonnie Patten, Christine L. DeLorme, Faiza Javaid, Gregory A. Brehm, Hal Hodes, Joel Karni Schmidt, Maia Kats, Marc S. Roth, Paul R. Tremblay, Randal M. Shaheen, Randi W. Singer, Rebecca Stamey-White, Tsan Abrahamson
Recorded on: Jun. 9, 2016
PLI Program #: 149020

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.

Faiza Javaid is Associate General Counsel at Forbes Media and oversees all things digital at Forbes, from digital advertising and social media to data privacy matters.  Faiza works with key executives and innovators at Forbes from a legal and business perspective to ensure compliance with industry and regulatory standards.

Faiza is vice chair of the Advertising and Commercial Speech Committee of the Media Law Resource Center; a member of the Interactive Advertising Bureau’s Legal Affairs Council, Public Policy Council and Native Advertising and Content Marketing Committee; member of the Legal and Legislative Committee and Native Advertising Subcommittee of Digital Content Next; and member of the Magazine Publisher’s Association’s Legal Affairs Committee.

Prior to Forbes, Faiza worked in various legal and compliance roles at Goldman Sachs, JPMorgan Chase, Morgan Lewis, FLAG Capital and Anchorage Capital Group.  She graduated from Nova Southeastern University with a JD/MBA and possesses a BA in Government and Politics from the University of Maryland. 

Please feel free to connect with her on LinkedIn.

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).

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 which can be accessed at

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.

Rebecca Stamey-White is a partner with Hinman & Carmichael LLP, a nationally-recognized boutique law firm representing the alcoholic beverage, hospitality and cannabis industries and their service providers. Rebecca helps her clients secure and maintain their required alcohol and cannabis licenses by providing licensing, production, distribution, sales, and marketing counsel and defending clients before alcohol regulatory bodies when their licenses are at risk. She is the practice leader for the firm’s marketing, e-commerce, and cannabis practices. She has a particular interest and experience structuring compliant sponsorships and events, marketing campaigns and promotions, e-commerce platforms, and complex route-to-market licensing strategies.

Prior to Hinman & Carmichael, Rebecca was an associate in the San Francisco litigation group of Kirkland & Ellis LLP, where she worked on litigation involving constitutional challenges to state alcohol direct shipping restrictions and provided regulatory advice to California wine industry businesses, among other general litigation matters. Rebecca received her Bachelor of Arts degree in History & International Studies from Northwestern University and her juris doctor from Northwestern University School of Law. 

Rebecca is also professional faculty at Sonoma State University’s School of Business and Economics, teaching Wine Law and Regulatory Issues at the Wine Business Institute. She is also a frequent speaker at industry conferences, law and business schools and continuing legal education programs on the latest legal issues in the alcoholic beverage and cannabis industries.

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.

Joel is a partner at Cowan, Liebowitz & Latman, P.C. and a member of the firm’s Executive Committee.  His practice focuses primarily on intellectual property counseling, protection, and enforcement.  He regularly assists clients with trademark, copyright, domain name, Internet, social media, right of publicity and licensing matters.  He has extensive experience resolving complex problems and disputes, and managing worldwide trademark and copyright programs and proceedings.  Joel also advises clients on anti-counterfeiting and litigation.

Joel has successfully represented an array of lifestyle and fashion companies, hi-tech companies, hotels and restaurants, media companies, wine and food companies, and prominent artists, designers, and entertainers, such as, J. Crew, Warby Parker, Thompson Hotels & Resorts, Wolfgang’s Steakhouse, CME Media Enterprises, Cannonball Wine & Spirits, Fragomen Worldwide, the Israeli Red Cross and the World Wildlife Fund International.

Joel has been mentioned and cited in the Legal 500, the WTR 1000, and other publications.  He is an active member of the International Trademark Association’s Internet Committee and the New York Intellectual Property Law Association’s Trademark Law Committee, and he often speaks, writes, and organizes programs on emerging issues.

Prior to law school, Joel served in the Liason to Lebanon Unit of the Israel Defense Forces.  During law school, he interned at the U.S. Attorneys Office for the Eastern District of New York, and after law school Joel clerked at the Supreme Court of Israel where he worked on landmark cases involving matters of first impression.

Joel is committed to community service.  At his past firm, he successfully represented, pro bono, a Tibetan woman and her three children in their application for asylum.  He currently handles matters on a pro bono basis for several non-profits and participates in Fordham Law School’s Fashion Institute pop-up clinics.

In his free time, Joel enjoys hiking, sking, scuba diving, biking, and spending as much time as he can with his wife as well as his four children who have helped him refine his negotiation skills and inspire him each and every day.

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.

Amy C. Sochard is the Senior Director in FINRA’s Advertising Regulation Department.  The Department protects investors by helping to ensure that broker dealers use advertisements and other sales communications that are fair, balanced, and not misleading.  Ms. Sochard leads the department’s investigative and targeted examination activities.  She also serves as liaison to other FINRA departments involved in examinations including the Departments of Enforcement and Member Regulation.  In addition, Ms. Sochard oversees staff dedicated to the routine review of communications filed with the Department by broker dealers.  Ms. Sochard assists in the development of rules and interpretations for communications with the public and social media, and she routinely speaks at industry events on these topics.  Prior to joining FINRA’s predecessor (NASD), Ms. Sochard worked with a real estate syndication firm in Washington, DC.  She received a B.A. with Distinction in English from the University of Virginia and studied poetry writing at Columbia University.

Bonnie Patten, Esq. is Executive Director of (, a non-profit consumer advocacy organization focused on protecting consumers from false advertising and deceptive marketing. Under her leadership, has filed numerous complaints with state and federal regulators on issues varying from false Made in the USA claims (Walmart, Revlon, GSA Advantage) to unsubstantiated health claims (Prevagen, Vemma, NourishLife speak™). In addition, has objected to a number of deceptive advertising class-action settlements involving Vitaminwater, Herbalife, Phillips AirFloss, and various glucosamine products. Both state and federal authorities have taken action as a result of’s complaints. Prior to founding, Ms. Patten was Counsel in Wiggin and Dana’s Litigation Department. She earned her J.D. from Boston University and her B.A. from the University of Pennsylvania.

Maia Kats is the Litigation Director for the Center for Science in the Public Interest.   As CSPI Litigation Director, she focuses on consumer class actions in the food and supplements context.  Ms. Kats recently resolved class litigation against Coca-Cola for its marketing of Vitaminwater, and Campbell Soup Company for its labeling of infant and toddler foods.  Recently she filed litigation against General Mills for its marketing of Cheerios Protein, Kellogg for its marketing of Cheez Its, and CVS for its marketing of Omega 3 dietary supplements, among other litigations.  Earlier in her career, Ms. Kats was a partner with the class action firm of Sprenger & Lang, PLLC. She earned her J.D. From the University of Michigan School of Law, where she earned multiple awards, and her B.A. from the University of Michigan.

Greg is Assistant General Counsel at BuzzFeed, Inc. where he handles intellectual property matters and legal support for the company’s advertising, marketing, and business teams.  Greg began his legal career as an intellectual property litigator in New York.  He was an early member of the Sports Law Practice Group at Proskauer and litigated for many years in Greenberg Traurig’s IP Litigation Dep’t.  He took an eight year sabbatical from law and started his own film production company, Acmegram, before landing at BuzzFeed in 2014.  He is a graduate of the University of Michigan and Georgetown University Law Center, and is very disappointed at the mediocre basketball seasons both schools had in 2015-16.