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Advertising Law Institute 2016


Speaker(s): Alison Pepper, Andrew B Lustigman, Brendan Healey, Brian G. Murphy, Jordan Mitchell Heinz, Liisa M. Thomas, Mary E. Innis, Nerissa Coyle McGinn, Randal M. Shaheen, Robert H. Newman, Sheila A. Millar
Recorded on: Oct. 19, 2016
PLI Program #: 149030

Alison Pepper
Interactive Advertising Bureau

Alison Pepper is the Assistant General Counsel and Senior Director of Public Policy for the Interactive Advertising Bureau, based out of their San Francisco office.  There she is responsible for a wide spectrum of in-house counsel work, including: contract drafting, contract review, contract negotiation, managing outside counsel, international trademark licensing, data privacy, IP licensing issues, HR issues, media, marketing, etc . Before joining the Interactive Advertising Bureau, she worked as a Legislative Analyst for Experian, where she covered issues ranging from data security to identity theft. She has extensive experience working in state government, including the Georgia Senate and the Georgia Secretary of State’s Office. She holds a B.A. from the University of Georgia and a J.D. from Georgia State University.


Andrew Lustigman is the chair of Olshan’s Advertising, Marketing & Promotions department. He represents marketers, advertisers, media, mobile and Internet companies in connection with the legal aspects of their advertising and promotional marketing business, including clearance of advertising and marketing materials, sweepstakes, games of skill, and other contests, and social media programs, and advises on direct marketing campaigns, intellectual property issues, and privacy matters. An equally significant portion of his practice involves investigations and litigation brought by regulatory agencies regarding national advertising campaigns, as well as defending private consumer individual and class action lawsuits.

Mr. Lustigman has been consistently recognized by Chambers USA, Legal 500 U.S. as a “Leading Lawyer” in Advertising and Marketing, selected by his peers for inclusion in The Best Lawyers in America for his distinguished work in Advertising, as well as Super Lawyers-- a Thomson Reuters lawyer rating service. With over 20 years experience in advertising law, Mr. Lustigman is a noted industry expert and regularly appears on television, radio, and in publications such as the National Law Journal, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, Luxury Daily, and Response discussing important new cases and trends that advertisers and marketers need to know.  He also has contributed to the Brand Activation Association/Promotion Marketing Association's Promotion Marketing Law treatise and various American Bar Association publications.  He frequently speaks on advertising and promotional marketing law topics throughout the country.


Brendan Healey is a Partner at the Chicago law firm of Mandell Menkes LLC, where he works with clients on media and marketing law issues. Previously, Brendan was Deputy General Counsel, Media for American Media. Prior to joining American Media, he was Senior Counsel, Media and Promotions for Tribune Company, where he counseled the Chicago Tribune Company on marketing law issues and worked with Tribune’s eight daily newspapers as well as other Tribune business units on sweepstakes and contests. Brendan was a partner with Mandell Menkes before joining Tribune Company.

Brendan is a 1997 graduate of New York University School of Law, where he was an articles editor on the Law Review. After graduation, Brendan clerked for Boyce F. Martin, II, then the Chief Judge of the United States Court of Appeals for the Sixth Circuit. Brendan graduated with Honors and Distinction from Stanford University in American Studies and also received a Master’s from Stanford in English. Brendan has co-taught Advertising Law as an adjunct faculty member at John Marshall Law School in Chicago as well as legal writing for the intellectual property lawyer as a John Marshall adjunct.


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 Co-Practice Group Leader of its Privacy & 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 recently 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.


Nerissa Coyle McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology and privacy law, as well as intellectual property law. Ms. McGinn works with many of the best-known brands in the country, including the Wm. Wrigley Jr. Company and its confection brands, helping her clients develop new brand assets and assisting them in the protection and exploitation of their intellectual property in advertising and marketing. Clients in the media and advertising industries regularly turn to her for trademark counseling services, including Turner Broadcasting and its programming properties for whom Ms. McGinn handles trademark clearances for new shows, web properties, interstitials and sweepstakes.  

Ms. McGinn advises clients in all forms of advertising and promotions initiatives, including sweepstakes review, copy review and promotion design and fulfillment, with a particular emphasis on internet and interactive advertising and promotions. By maintaining a diverse roster of clients that includes advertising agencies, large corporations and professional sports teams such as the New York Giants, the Chicago Bulls, and the Detroit Red Wings, Ms. McGinn has developed a unique breadth of experience, allowing her to anticipate issues and provide innovative and effective solutions expeditiously.    

Ms. McGinn also specializes in legal services for digital companies and app developers, handling a variety of intellectual property matters and privacy policies and practices in connection with their websites and mobile applications. In addition, Ms. McGinn assists clients on the privacy implications of new communication strategies, location targeting and information sharing, as well as the collection and use of information from children.

Ms. McGinn is viewed as a thought leader in her industry, frequently participating as a featured speaker and panelist at events and conferences, and writing articles, including two recurring columns in the Chicago Daily Law Bulletin. As a member of the International Trademark Association (INTA), she leads the group that launched INTA’s law student ambassador program and a related scholarship for trademark lawyers to attend the annual meeting. Now as Co-chair of the Tomorrow’s Leader Award Committee at INTA, she is helping launch a new scholarship for young practitioner’s to attend INTA’s annual meeting. At Loeb & Loeb, she serves as the firm’s first Chief Diversity Partner and co-chair of the Diversity Committee. In these roles, she oversees and implements the firm’s diversity policies. 


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. 


Mary E. Innis is currently the Managing Partner at Innis Law Group LLC. Prior to founding Innis Law Group, Mary was Chair of the Intellectual Property Department and the Advertising & Marketing Practices Groups at a large national firm of over 500 attorneys, Barnes & Thornburg LLP.

Mary Innis focuses her practice on intellectual property litigation involving trademark, copyright, unfair competition, advertising and promotions and rights of publicity and privacy law. With over twenty-five years of involvement in these areas of law, Mary Innis has significant experience in counseling clients and negotiating and drafting trademark and copyright licenses and related agreements, releases, Internet linking agreements, co-branding agreements, strategic marketing alliances, and transactions for high-profile clients She has substantial experience in virtually all aspects of the production and execution of advertising agreements, marketing contracts and promotions, including sweepstakes review, sponsorship agreements, talent agreements, music licenses, promotion fulfillment, and creative service agency agreements. Mary Innis has litigated complex disputes throughout the country and is a member of numerous federal district and appeals courts.

Currently at Innis Law Group, Mary Innis is working closely with a group of three other members, managing worldwide trademark portfolios, including a Fortune 50 Company. Mary Innis and her group of specialists are skilled and knowledgeable on working with in-house counsel to manage large portfolios in a cost efficient manner. Mary Innis received her B.A. cum laude from Augustana College in 1984 and she earned her J.D. in 1987 from Boston University School of Law. She is a member of the American Bar Association; Chicago Bar Association; Intellectual Property Law Association of Chicago; International Trademark Association; Promotional Marketing Association; Chicago Advertising Federation; and Lawyers for the Creative Arts. In 2010, Mary was recommended “Top Lawyers in Illinois” in Advertising & Media Law and Arts, Entertainment & Sports Law by the Leading Lawyers Network division of Law Bulletin Publishing Company since 2004-2011.

Education

  • JD - Boston University (1987)
  • BS - University of (19xx)