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Native Advertising Around the World


Speaker(s): Catherine Bate, David Quezada Bonilla, DuĊĦan Nitschneider, Matthew E. Smith, Rick Kurnit
Recorded on: Jul. 18, 2017
PLI Program #: 217245

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


Matthew E. Smith is a partner in the Advertising, Marketing & Promotions; Entertainment, Media & Sports and Digital Media, Technology & Privacy Practice Groups of Davis & Gilbert. He represents brands, advertising agencies, promotions agencies, public relations agencies, media companies, mobile marketers, direct marketers, and telemarketers in connection with all aspects of advertising, promotions, marketing and entertainment.

Mr. Smith’s practice involves advising clients on a wide range of advertising and marketing related issues, including matters concerning false or deceptive advertising, unfair advertising practices, proper advertising disclosure, claim testing and substantiation, environmental benefit marketing claims, intellectual property and personal rights matters such as copyright, trademark and rights of publicity, licensing and rights-clearance matters, contract negotiations, as well as on matters relating to federal and state regulatory compliance. Additionally, Mr. Smith has significant experience counseling on matters specific to certain regulated industries, including the alcoholic beverage, automotive, telecommunications, mobile, and casino gaming industries, as well as on matters specific to certain media, such as mobile marketing, text-message marketing, telemarketing, direct mail, e-mail marketing, and cause marketing.

Mr. Smith has extensive knowledge in the area of consumer promotional offers and programs and advises clients on all forms of regional, national and trans-national games of chance, skill-based contests, rebate programs, giveaways, coupons, gift cards, and loyalty programs. In addition, Mr. Smith has significant experience in counseling alcohol beverage brands, as well as alcoholic beverage importers, distributors and retailers (and their agencies) on federal, state and local alcoholic beverage legal compliance and on matters related to industry self-regulation, including with regard to all types of permissible consumer advertising and marketing programs, promotional offers, promotional events, and co-sponsorship matters.

Mr. Smith is frequently involved in reviewing, drafting and negotiating a wide variety of agreements related to marketing practices, including talent contracts, music licenses and other licensing agreements, agency-client agreements, production agreements, liability waivers, indemnification agreements, sponsorships, sweepstakes and skill contest rules, terms and conditions for all matters of promotional programs and offers, terms of use for websites and mobile applications, and online and mobile privacy policies, as well as agreements specific to the alcoholic beverage industry.

Mr. Smith regularly coordinates legal compliance reviews for large multi-national marketing and promotional campaigns and counsels clients on state and federal regulatory matters relating to alcoholic beverage marketing, gift cards, text-messaging programs, telemarketing, direct mail, sweepstakes and skills contests, and charitable solicitations. He also coordinates filings for sweepstakes, the Foreign Agent Registration Act, commercial co-venture promotions, and motor clubs.

Mr. Smith has been recognized by The Legal 500 U.S. 2014 in the area of marketing and advertising.

Before joining Davis & Gilbert, Mr. Smith was a litigation attorney at Shearman & Sterling LLP.

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York

EDUCATION

George Washington University Law School, J.D., with honors, 2002

George Washington University Elliott School of International Affairs, Masters of International Affairs, 2002

University of Massachusetts, B.A., cum laude, 1997


Dušan regularly lectures on labour law at seminars and conferences organised by the economic weekly Trend, IIR or TASR.

In the area of acquisitions he participated in a significant transaction representing Agrofert, a major Czech group operating in food and chemistry industries in gaining interest in Duslo Šala, a leading Slovak chemical plant.

In the area of IP he participated in an international study "The Collective Management of Rights in Europe – The Quest for Efficiency" for the European Parliament, prepared by KEA European Affairs summarizing collective management of music copyrights.

He provided Sanoma Magazines International with legal services regarding the sale of Sanoma Magazines Slovakia, its Slovak branch publishing B2B magazines to ECOPRESS, a Slovak publishing company.

He provided the leading Czech developer Sekyra Group with comprehensive legal services for the construction of the shopping and residential complex CUBICON in Bratislava. Legal services included counselling during the construction work, organising a public tender for the general building contractor as well as negotiating building contracts.

He participated in setting up the first low-cost airline in the Slovak Republic. He was in charge of establishing the airline on the market. He participated in acquiring a licence of an air carrier licence. He prepared employment contracts for the flight personnel; he solved the issue of affiliated belly cargo transport.

He participated in the privatization of Slovenské elektrárne, one of the biggest privatization projects in Slovakia as a member of the local team of attorneys for the government adviser of the Slovak Republic. Legal services included setting the most suitable structure of selling the state-owned power plant along with comprehensive due diligence of nuclear and hydro power plants in Slovakia.

Specialisation

Labour Law
Intellectual property Law
Real estate

Professional Organizations Membership

Slovak Bar Association

Education

Faculty of Law, Comenius University, Bratislava
Master’s Degree, (M.A.)

Legal Practice

NITSCHNEIDER & PARTNERS
Attorneys at Law
aliancia advokátov
Law firm, Bratislava

Language Skills

Slovak, English