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Global Issues in Green Marketing


Speaker(s): Catherine Bate, Charné le Roux, Geraint Lloyd-Taylor, Jan Ravelingien, Jeffrey A. Greenbaum
Recorded on: May. 12, 2016
PLI Program #: 178565

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


I’m a Managing Associate at Lewis Silkin specialising in intellectual property law. I have particular expertise in the advertising, marketing and promotions sectors. I advise numerous well known ad agencies, and some of the biggest brands in the world, in relation to their advertising campaigns and sales promotions. I provide strategic advice for UK, multi-jurisdictional and global campaigns. I advise in relation to all media, including social media such as Facebook and Twitter, and various types of creative content, including digital. I am experienced in successfully defending ads and advertising campaigns from ASA complaints/investigations. I also review, draft and negotiate commercial agreements, including client-agency contracts, endorsement agreements, etc. I assisted the IPA (Institute of Practitioners in Advertising) Legal Helpdesk and have spent several months on secondment to a large broadcaster.

I like nothing more than painting, reading, skiing, clay pigeon shooting, travelling and being out in the sunshine whenever possible.

Advertising & Marketing

I understand that clients and their agencies work to increasingly demanding deadlines, on a global basis, and they want our help in meeting urgent needs and high standards with minimal fuss. This usually means giving commercial advice from a UK perspective (providing clear risk assessments and recommendations), and working with our network of experienced international lawyers who understand our and our clients’ needs brilliantly.

My clients are a range of very well known brand owners, leading advertising and design agencies and their networks, publishers and content owners.

I specialise in international and pan-European online sales promotions, such as free prize draws and competitions, which increasingly involve social media and consumer generated content in various novel and complex forms. I have particular expertise in ensuring promoters avoid being caught by the requirements of the Gambling Act 2005.

I have spent a number of months on secondment to the legal team at the IPA (Institute of Practitioners in Advertising), which is the UK trade body for over 250 advertising agencies. I have also been on secondment twice to a major broadcaster, working in their Marketing and Advertising legal team.

I deal with a range of issues, including specific intellectual property queries (copyright, trade mark, passing off, etc), defamation, ad/campaign clearance, contracts, website terms of use, promotion mechanics and terms and conditions, user-generated content, and so on. I often advise on topical issues which are relevant to agencies and their clients, including the Queen’s Diamond Jubilee, the Olympics, Football World Cup, the Royal baby etc.

I work with many advertising agencies including those within the major agency groupings as well as independent agencies. I also advise a number of top, globally recognised brandowners.

On a typical day I may be dealing with ASA complaints, clearing a proposed script for a TV commercial, or print/digital campaign, and providing related risk management advice, advising on data protection issues, drafting/negotiating content agreements, licenses and releases, and giving telephone advice on a variety of urgent queries.

Brand Management

I am experienced in advising both agencies and brands and, having worked in house and having advised some of the best ad agencies in the country, I have a very good understanding of the needs of both agency and client side. I advise all industry sectors on their advertising and sales promotions across all media and am particularly experienced in working on campaigns for technology, mobile communications, cosmetics, fashion, motoring and alcohol brands.

I have written articles for Lewis Silkin’s various News Notes, Newsflashes and Client Guides, and I’m involved with writing articles for Brand Republic and other online and print publications. I have also given training sessions at our Breakfast Briefings as well as at clients’ own offices.

Consumer Regulation

I have successfully defended some of the most successful and best known brands in the world when they have been challenged by the ASA.

If you are unlucky enough to receive a complaint about an ad, marketing communication or website, I can advise on process and strategy, the requirements for providing the ASA with the relevant substantiation, and I can help put together a robust defence. I have relationships with several executives at the ASA and can assist in resolving complaints informally or formally, as well as seeking an independent review of adverse adjudications, as appropriate.

I always keep in mind the fact that dealing with an ASA complaint is usually as much about brand protection and managing PR as it is about addressing the legal or regulatory challenge.


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.