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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 A. Dayal is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports; Intellectual Property; and Digital Media Practice Groups of Davis & Gilbert. Ms. Dayal is also a member of the firm’s Diversity Committee. Her practice concentrates on advising the firm’s advertising, media  and entertainment clients on all aspects of copyright, trademark, right of publicity, and defamation law. Additionally, she has considerable experience resolving complex issues and disputes raising false advertising, unfair competition, misappropriation of idea, e-commerce and contract concerns, and she regularly participates in all manner of civil litigation (including infringement suits and consumer class actions), government investigations and other adversarial proceedings related to these areas of law. Ms. Dayal has argued before the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Second Circuit, the Southern District of New York, and the National Advertising Review Board and the National Advertising Division of the Council of Better Business Bureaus. She also counsels clients on entertainment union and guild issues pertaining to television, radio and Internet advertising.

Ms. Dayal negotiates, drafts and reviews a wide array of agreements on both the advertiser and advertising agency sides, including licenses for use of entertainment, fine art and literary materials, production agreements, talent agreements, sponsorship agreements, agency/client agreements and contracts in the new media field. Ms. Dayal has been recognized by The Legal 500 United States in the area of intellectual property: copyright (2014-2017) and in the area of advertising and marketing (2017). She has also been recognized in Media Law International’s rankings (2015-2017) for her work in the area of media law. She is a regular speaker on intellectual property and marketing law issues and has lectured at the Fashion Institute of Technology, Laboratory Institute of Merchandising (LIM College) and Fordham University among others.


Christine Lee DeLorme is an attorney advisor to FTC Commissioner Rebecca Kelly Slaughter.  She advises the Commissioner on a variety of consumer protection issues, including advertising, privacy and data security, and financial fraud.  Ms. DeLorme has also served as an attorney advisor to former FTC Chairman Jon Leibowitz and FTC Commissioner Terrell McSweeny, as well as an attorney in the FTC Division of Advertising Practices, where her work focused on investigating health-related advertising claims for foods and dietary supplements.

Before joining the FTC in 2004, Ms. DeLorme 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.


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 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 has considerable interest in professional ethics, interdisciplinary collaboration, and legal services for the poor. He has been a member of the Boston Bar Association Ethics Committee since 1993, and he has served on the Executive Committee of the AALS Section on Professional Responsibility.  He has published in several scholarly journals on matters of professional ethics, including articles on lawyers’ obligations with questionably competent clients, on rationing legal services for the poor, and on a method of ethical decision making known as “casuistry.”  He is a co-author (with Alicia Alvarez of Michigan) of Introduction to Transactional Lawyering Practice (2013), and (with David Binder and Paul Bergman of UCLA, and Ian Weinstein of Fordham) of Lawyers as Counselors: A Client Centered Approach (3rd ed. 2012), both leading textbooks used in law school clinics.  His recent articles include Transactional Legal Services, Triage, and Access to Justice, 46 Wash. U. J. L. & Pol’y 11 (2015); Lawyers and the New Institutionalism, 9 U. St. Thomas L. J. 567 (2012) (with Judith A. McMorrow); Counseling Community Groups, 17 Clinical L. Rev. 389 (2010); Shadow Lawyering: Nonlawyer Practice Within Law Firms, 85 Ind. L.J. 653 (2009); and Public Health Legal Services: A New Vision, 15 Geo. J. on Poverty L. & Pol’y 729 (2008) (with Ellen Lawton, Randye Retkin, David I. Schulman & Megan Sandel, M.D.).

Professor Tremblay was the recipient of the 2008 Emil Slizewski Excellence in Teaching Award at the Boston College Law School commencement ceremonies.  He also received 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 allaboutadvertisinglaw.com which can be accessed at www.allaboutadvertisinglaw.com.


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.


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 Roth works with clients to comply with state and federal laws and rules governing privacy, social media, sweepstakes, telemarketing, and advertising. He also counsels clients on transactional matters, and guides them through federal and state government investigations.

Previously chief compliance counsel for a Time Warner company and an FTC staff attorney, Marc draws upon decades of consumer advertising and marketing law experience when counseling clients. He frequently speaks and writes about privacy and telemarketing issues.

Marc drafts and amends online and offline privacy policies, and advises companies on how data may be collected, shared, and used in partner marketing arrangements. He also advises clients on laws governing data use and security. These include the Children’s Online Privacy Protection Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act, the Video Privacy Protection Act, HIPAA, the CAN-SPAM Act, and the E.U. Data Protection Directive.

In the marketing arena, Marc counsels clients on how to develop and manage telemarketing programs that comply with the Telemarketing Sales Rule, the Telephone Consumer Protection Act, and applicable state laws. He also advises companies on how to develop and manage free trial, negative option, and continuity marketing programs in compliance with all applicable laws, regulations and credit card processing rules.

Additionally, Marc counsels clients preparing to conduct marketing campaigns through online social networks.


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.


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 truthinadvertising.org (TINA.org), a non-profit consumer advocacy organization focused on protecting consumers from false advertising and deceptive marketing. Under her leadership, TINA.org 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, TINA.org 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 TINA.org’s complaints. Prior to founding TINA.org, 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.


Hal Hodes is a Senior Staff Attorney at the National Advertising Division (NAD) of the Advertising Self-Regulatory Council. He joined NAD in August 2012. Prior to joining NAD, Hal worked in private practice focusing on litigation. As an associate at McAloon & Friedman, P.C., he represented hospitals and other health care practitioners in malpractice litigation and proceedings under the New York State Mental Hygiene Law. Previously, Hal was an attorney at the New York City Human Resources Administration, where he represented the City’s social services programs. Hal is also on the steering committee of a prominent voting rights group, conducting research on voter protection laws, advocating for election reforms and regularly serving as an election monitor. He earned his B.A. in Political Science from the University of Pennsylvania and his J.D. from the Benjamin N. Cardozo School of Law. Hal is admitted to the bars of New York and New Jersey.


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.