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Global Advertising Law: Year in Review


Speaker(s): Brinsley Dresden, Catherine Bate, Conor Griffin, Eliana Lesem Guerra, Erik Ullberg, Jeffrey A. Greenbaum
Recorded on: Jan. 13, 2016
PLI Program #: 167457

Brinsley Dresden, Partner, Head of Advertising and Marketing Law Practice, Lewis Silkin LLP

Brinsley Dresden is an intellectual property lawyer, and a recognised leader in the field of advertising and marketing. He advises on all aspects of advertising, marketing and sales promotion law and regulation, including clearance work, commercial and IP disputes, dealing with the regulatory authorities and commercial agreements in the advertising sector.

He is the only lawyer included in the “A-list” of the 500 most influential figures in the UK advertising industry published by Campaign, the UK advertising industry’s leading trade magazine. Brinsley is ranked in Band 1 for Advertising & Marketing by both Chambers Directory and the Legal 500.

After qualifying at a major London law firm, he spent nearly 3 years as an in-house lawyer at British Telecommunications, where he was dedicated to providing full-time legal support to the Marketing Department. Being co-located with the marketers, rather than in the separate legal department, he was immersed in their work, whether it was helping to formulate the communications for a new pricing package, defending a trading standards investigation, or formulating a competitor complaint.

He joined Lewis Silkin in 1996 and became a partner in 1999, and during that time he has advised some of the world’s leading brand owners across a wide range of sectors (alcoholic beverages, cosmetics, automotive, aviation, fashion, insurance, FMCG, utilities, engineering, food and drinks). He has also advised advertising, public relations, sales promotion, design, digital and social media agencies and including some of the leading independent agencies in the UK and USA, as well as operating companies from several of the world’s global networks.

He is also a member of the Advertising Law Group and the sole UK member of the Global Advertising Lawyers Alliance.

The Chambers Directory 2014 said “Brinsley Dresden is regarded as ‘dynamic’ and ‘very knowledgeable’ by senior market figures. He advises on all facets of commercial and regulatory advertising and marketing work.”

The Legal 500 2014 Edition said “Lewis Silkin LLP’s core strength lies in advertising and marketing work; the team represents major agencies and brand owners on commercial, regulatory and contentious matters. Brinsley Dresden represented Marks and Spencer plc in relation to an Advertising Standards Authority (ASA) investigation regarding use of the ‘Made to Measure’ phrase for the client’s online clothing service; and advised Saatchi & Saatchi on actor Kevin Bacon’s contract for EE’s advertising campaign.”


Catherine Bate is a Partner in Miller Thomson’s Toronto office, focusing her practice on marketing, advertising and consumer product regulatory matters.

She provides business-focused and experienced advice in respect to promotional and advertising activities in all media, including: promotional contests, games and sweepstakes, related privacy matters (including CASL/anti-spam compliance), compliance with consumer protection legislation, marketing and advertising-related agreements, and packaging and labelling requirements.

She also assists clients who require pre-clearance for their ads by Advertising Standards Canada (including, in particular, ads for food, cosmetics and alcoholic beverages), and advises clients in defending or pursuing advertising challenges. Her expertise also includes consumer product safety and, when necessary, recalls.

Cathy works with companies in all industry sectors, including consumer packaged goods companies, retailers, advertising agencies, direct sellers and Internet marketers, whether based in Canada, the United States, or abroad.

She is actively involved in self-regulatory and new legislative developments that affect the marketing and advertising sector. Cathy previously served as Chair of the Consumer Law Sub-committee of the Ontario Bar Association’s Business Law Section, and Chair of the Marketing Practices Sub-committee of the Canadian Bar Association’s Competition Law Section.

Cathy is a leading lawyer in the area of Advertising and Marketing, recognized in the 2013 and 2014 editions of Best Lawyers in Canada (Woodward/White), who also named her 2012 Lawyer of the Year in her area of practice. She has also been listed in the Canadian Legal Lexpert® Directory and the Lexpert® / American Lawyer Guide to the Leading 500 Lawyers in Canada.

Education

  • 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


Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm’s Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, marketing, branded entertainment, and intellectual property matters. Best Lawyers named him “Advertising Lawyer of the Year” in the New York metro area for 2015.

Mr. Greenbaum advises clients on a wide variety of advertising-related matters, including advertising regulation, rights clearance, agency/client contracts, production contracts, e-commerce, consumer privacy, sweepstakes and contests, union issues, network clearance, and global advertising clearance. He also regularly represents advertisers in connection with advertising litigation, including federal, state, and local regulatory investigations, as well as before the National Advertising Division and other self-regulatory organizations.

Mr. Greenbaum is also the Chairman of the Global Advertising Lawyers Alliance, a network of independent law firms around the world with expertise in advertising law.

He is also a Director of the Brand Activation Association (formerly, the PMA), and has also served as a member of the BAA’s Executive Committee. He is also a member of the BAA’s Government and Legal Affairs Committee. He was also Co-Chair of the 2007 PMA law conference.

Mr. Greenbaum has previously served as chair of the Committee on Consumer Affairs of the New York City Bar. For more than a decade, he has also chaired the New York City Bar’s annual “Hot Topics in Advertising” program. He has also served on the INTA Nontraditional Marks Committee and is a member of ASIPI.

Mr. Greenbaum is a frequent speaker on advertising issues. He has spoken at the Federal Trade Commission’s “Protecting Kids’ Privacy Online” workshop, the “FTC at 100” workshop, the FTC’s “Rebate Debate” workshop, and at the FTC’s “Green Lights and Red Flags: FTC/BBB Rules of the Road for Advertisers” program. He has also spoken at conferences and programs sponsored by the National Advertising Division, the Association of National Advertisers, the Brand Activation Association, the National Advertising Review Council, the Electronic Retailing Self-Regulation Program, the Electronic Retailing Association, INTA, the Intellectual Property Owners Association, the Association of Independent Commercial Producers, the American Intellectual Property Law Association, ASIPI, ALI/ABA, the Association of Corporate Counsel, the American Bar Association, the New York City Bar, the New York County Lawyers Association, the New York State Bar Association, the Washington State Bar Association, and others.

Mr. Greenbaum is a member of the Dean’s Advisory Council at the University of Michigan Law School. He has served as an adjunct faculty member at Parsons School of Design. He has also spoken at programs sponsored by Columbia University, New York University, New York Law School, Brandeis University, and University of Kansas.


Conor Griffin

Born: 1977
Admitted: 2002
Education: University College Dublin (BCL; LLM “Commercial Law”)

Conor joined the firm in 1999 as a trainee and since qualifying in 2002 has built up extensive experience in all areas of general practice. He practices in the fields of commercial and personal injury litigation, employment law and conveyancing. He is experienced in both prosecuting and defending claims whether that is for a plaintiff or defendant in the courts or for an employer or employee before an employment law tribunal.

Conor is an expert on due diligence and clearance of advertisements, competitions and sales promotions for international competitions in the Irish market and has a particular expertise in advertising law and the regulation of marketing communications.