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Hot Topics in Advertising Law 2018


Speaker(s): Andra Dallas, Ashima A. Dayal, Barbra S. Levy, Breen M. Sullivan, Christine L. DeLorme, Christopher R. Chase, Elsa Mitsoglou, Eric Unis, Jeffrey J. Gee, Jessica Furer, Marc S. Roth, Noga Rosenthal, Randi W. Singer, Stephanie Bhonslay, Stu Seltzer, Stuart M. Hurowitz, Suemyra A. Shah, Tsan Abrahamson
Recorded on: Jun. 26, 2018
PLI Program #: 219883

Andra Dallas is an attorney in Research & Innovation at L’Oreal. She works on a daily basis to make sure that marketing claims in all formats including TV, digital and print can be validated in national and international markets. She also reviews all product packaging and product specific communication such as education materials for stylists and salons. Andra works closely with internal teams in the lab, evaluation department and consumer divisions to design testing strategies, whether those tests are clinical, instrumental or consumer related. 

Andra focuses on the haircare, styling and color products for L’Oreal and related brands, and occasionally works on products in skincare. She also led the claims review during the due diligence /acquisition process of Carol’s Daughter. Andra is also responsible for products marketed in L’Oreal’s Hispanic Zone countries, and she is fluent in Spanish.

Andra has recently transitioned to the Acquisitions/New Business Integrations team at L’Oreal where she will manage the integration process of an exciting new brand located in California. She will continue to assist the claims team where needed with respect to the new brand, but will take on a broader role within Research & Innovation while helping the new brand succeed and grow during the integration phase. 

Prior to joining L’Oreal in 2015, Andra was an attorney at the Children’s Advertising Review Unit, a division of the Council of Better Business Bureaus. There, she was responsible for reviewing claims of companies in all types of media and opening investigations when claims were not consistent with industry advertising guidelines and regulatory framework. 

Andra is a die-hard New Yorker who now lives in Montclair, New Jersey with her husband and two children. Her family will be relocating to Los Angeles this summer to take on new careers and personal adventures. When not working, she enjoys running and has successfully completed six marathons. 


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.


Barbra Levy brings more than 20 years’ experience as a lawyer to HSBC, with the past 10 years focused on data privacy law.  She joined the Bank in 2014 on the Corporate Law team, supporting numerous areas, including dealing with data breaches and incidents, e-signing,  mobile banking, vendor contract negotiations, cybersecurity, privacy notices, and global data sharing.


Christopher R. Chase is a partner at Frankfurt Kurnit where he practices intellectual property, advertising, sports, and entertainment law.

He counsels entities and individuals in the advertising and entertainment industries on all aspects of their businesses, including rights clearance (such as copyright, trademark, and rights of publicity), regulatory matters, and risk assessment. He structures and negotiates creative services agreements, commercial production agreements, brand and celebrity licensing agreements, sponsorship and event promotion agreements, celebrity talent and on-camera agreements, content distribution agreements, media agreements, and content releases and licenses. He also counsels clients regarding potential and actual litigations arising out of commercials, print advertisements, sweepstakes, contests, and other promotions, magazines, films, and television productions. Further, he has vast experience addressing music issues, including structuring and negotiating master use and sync licenses for commercials, video games, television productions, and films, music distribution agreements, artist/band services, appearance, and promotion agreements, and concert sponsorships.

Additionally, he works with numerous clients in the sports industry, including counseling major sports leagues on branded entertainment, intellectual property, and promotional matters; advising both sponsors and properties on the structure and negotiation of sponsorship and endorsement arrangements; counseling agency clients that activate sponsors’ marketing campaigns; advising major sports apparel, footwear and fitness companies on marketing campaigns and IP matters; and advising soccer players on transfer agreements. Mr. Chase has been quoted in Sports Business Journal, The New York Times, The Washington Post, USA Today, and The Associated Press on various legal issues and is a founder of the firm’s sports law group.

Mr. Chase’s practice also includes counseling entertainment, advertising, sports, media, and fashion industry clients on the clearance, selection, maintenance, and enforcement of trademarks worldwide, as well as prosecuting trademark applications before the U.S. Patent and Trademark Office and participating in actions before the Trademark Trial and Appeal Board.

Mr. Chase is a member of the Entertainment, Arts and Sports Law Section of the New York State Bar Association, the Sports Lawyers Association, the International Trademark Association, and the Copyright Society of the U.S.A. Prior to joining Frankfurt Kurnit, Mr. Chase was a litigation associate at Clifford Chance Rogers & Wells LLP.


Elsa Mitsoglou graduated from Benjamin N. Cardozo School of Law in 2014, with a concentration in Intellectual Property. She served as a staff member and associate editor in the Arts & Entertainment Law Journal. During law school, Elsa worked at Tuff City Records, a label focused on reissuing and licensing unknown gems, where she was first immersed in the world of music licensing. After law school, Elsa worked closely with the General Counsel at Primary Wave Music (later Primary Wave Entertainment) drafting and negotiating publishing and talent management agreements, and learning yet another side of the music business.  

As a Director of Business and Legal Affairs at Creative License for nearly the past three years, Elsa has worked and advised on multiple advertising campaigns involving music, talent, and intellectual property for clients like Walmart, General Motors, Facebook, Delta Faucet, Lincoln, and many others. She negotiates and finalizes hundreds of synchronization music licenses and celebrity talent service agreements for advertising campaigns. As such, she also works closely with advertising agencies to fulfill their SAG-AFTRA and AFM obligations for such music use. She always looks forward to learning as much as possible about the intersections of the advertising and entertainment industries.     


Jeffrey J. Gee is the Chief of the Investigations and Hearings Division of the FCC’s Enforcement Bureau.  In that capacity, he leads investigations and enforcement proceedings across all service areas regulated by the FCC, including broadcasters, cable and satellite operators, wireless licensees, broadband Internet access service providers, and common carriers.  He also supervises Division staff acting as trial counsel for all FCC administrative litigation.  Jeff has overseen a variety of precedent-setting cases, including cases involving privacy, consumer protection standards, broadband transparency requirements, public safety, sponsorship identification, broadcast indecency, and the prevention of waste, fraud, and abuse in the Universal Service Fund. 

Jeff joined the FCC in 2011 as Deputy Chief of the Investigations and Hearings Division, focusing on media enforcement matters.  Prior to joining the FCC, Jeff was a member of Fletcher, Heald and Hildreth, PLC, where he represented media and telecommunications companies in complex regulatory and transactional matters. 

A long-time member of the Federal Communications Bar Association, Jeff has served as co-chair of several of its standing committees (most recently, the Enforcement Committee).  Jeff is a regular speaker at professional panels on the subjects of communications regulation and regulatory enforcement.  Jeff received his J.D. from the Georgetown University Law Center and earned his B.A., cum laude, from the Newhouse School of Communications and the College of Arts and Sciences at Syracuse University.


Jessica Furer is Vice President, Music & Media Licensing for the Nickelodeon channel group at Viacom Media Networks.

Jessica is responsible for overseeing and executing licensing strategy and rights clearance for music and other third-party content across numerous and diverse media platforms.

Jessica works with a variety of client groups and content creators within TV and Digital production.

She has comprehensive knowledge and experience with licensing and contract negotiation. Jessica works closely with music publishers, record labels, film studios, sports leagues, photo agencies, stock libraries and other copyright/IP owners.

Prior to her current role at Viacom, Jessica worked at Paisley Park Enterprises in MN. At Paisley Park, Jessica handled approval requests for use of music by the recording artist and songwriter Prince.

Jessica also worked at MCA Music Publishing in NY in various music clearance / copyright roles.  

Jessica graduated from Syracuse University Newhouse School of Communications where she studied Media and Communications.


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.


Stephanie Bhonslay is Deputy General Counsel at Havas, a worldwide advertising and media agency.  She works closely with her clients to address their goals, priorities and risk tolerance while providing legal counsel in the areas of advertising, marketing, media buying, privacy and branded entertainment.  Her responsibilities are varied and include working with management and account groups across Havas and its subsidiaries in structuring and producing advertising campaigns, including traditional and digital advertising, and custom content; social media and influencer campaigns sponsorships, brand integrations and experiential events. She also provides counsel to Havas digital media groups including negotiating media buying transactions with digital media platforms and publishers. In addition she counsels clients on privacy and related issues.  Prior to joining Havas, she served as Assistant General Counsel at J. Walter Thompson.

She is a member of the International Association of Privacy Professionals (IAPP), an internationally recognized accreditation program for information privacy professionals and received certification as an Information Privacy Professional (CIPP/US and CIPP/E) from the organization.

Stephanie’s began her legal career in advertising at the law firm, Hall Dickler Kent Friedman and Wood. From there she joined a video game software publisher and distributor, GT Interactive Software, as Senior Counsel.

Stephanie graduated from the University of Pennsylvania and Benjamin N. Cardozo School of Law where she served on the Cardozo Arts and Entertainment Law Journal. She is admitted to practice in New York.


Stuart M. Hurowitz has been teaching Professional Responsibility at Boston College Law School and Boston University School of Law since 2011.  He has also taught Evidence, Criminal Procedure, Introduction to Criminal Practice, and has been a supervisor of students in the Criminal Practice Clinic.   His ‘day job’ is as a Supervising Attorney with the Committee for Public Counsel Service’s Office in Worcester (but has also been with CPCS in both Suffolk and Norfolk Counties), where part of his responsibilities involve resolving potential conflicts of interest and consulting with staff attorneys about ethical issues.  Mr. Hurowitz began his legal career in 1992 at the New Hampshire Public Defender’s Office, after having graduated from Boston University School of Law. He spent the next seven and one-half years as a New Hampshire public defender, the last three and one-half as the managing attorney of the Nashua branch office. Leaving NHPD in December 1999, Mr. Hurowitz went to Montenegro (then still a part of Yugoslavia) to work on a wide range of legal reform projects as an American Bar Association’s Central and East European Law Initiative’s (ABA-CEELI) criminal law liaison.  Upon his repatriation, he spent a few years as a partner in his own small law firm before returning to the public defender fold in 2006.


Suemyra A. Shah is General Counsel at Whistle Sports, the global sports media network and community for today’s generation. With a massive audience-driven data platform, Whistle Sports creates, curates and distributes highly engaging content across social, digital, over-the-top and linear TV platforms. 

As the company's General Counsel, Suemyra is responsible for all aspects of the company's day-to-day domestic and international legal and business affairs, including helping the company innovate and grow, and finding solutions to complex business challenges. Her specialties include original and branded content production and distribution, and influencer marketing, and the bulk of her daily practice is focused on a spectrum of entertainment transactional matters for the company’s content creation studio, including acting as deal and production counsel on short and long form series, reviewing development materials and creative concepts, negotiating distribution agreements and production-related agreements, including rights, music, talent, development and production services agreements, pre-publication content review and rights clearance, and advising on day-to-day production issues. She is also responsible for all aspects of corporate governance matters, commercial contracts, litigation, and HR and employment matters.  In addition to her legal role, she manages the strategic operations of the company’s international headquarters in London and leads the company's women's affinity group, Women of Whistle. Prior to joining Whistle Sports, Suemyra was an associate at the law firms of Manatt, Phelps & Phillips and Davis & Gilbert, where she advised clients on legal matters related to advertising, media, entertainment, and intellectual property.  Suemyra received her Juris Doctor from Fordham University School of Law and her Bachelor of Arts from the University of California at Berkeley.


As NCC Media’s Chief Privacy Officer and General Counsel, Noga Rosenthal is responsible for guiding the company's privacy and legal initiatives; she holds deep expertise in the development and implementation of comprehensive privacy programs. 

Noga previously served as Chief Privacy Officer at Epsilon where she led the company’s worldwide privacy, compliance and regulatory activities. Prior to Epsilon, she served as General Counsel and Vice President for Compliance and Policy for the Network Advertising Initiative (NAI), running its compliance program and ensuring that member companies delivered on the promise of self-regulation for interest-based advertising. Furthermore, she also led global legal affairs for WPP’s Xaxis, a pioneering programmatic digital media business, as SVP and General Counsel. 

Noga is a member of the Women Leading Privacy Advisory Board of the International Association of Privacy Professional (IAPP) and the IAB Federal Privacy Working Group. She has also served on the IAPP’s Education Advisory Board and was an active member of the UK Data Protection Network, providing guidance on the General Data Protection Regulation. Noga also sat on the Advisory Board of the Digital Advertising Alliance, the Data Standards Committee of the Data and Marketing Association, the Legal Affairs Council and the Public Policy Council of the Interactive Advertising Bureau. She also served as co-chair of the Privacy Committee of the Mobile Marketing Association.

Noga received her bachelor’s degree in English and Political Science from Rutgers and a J.D. from Fordham Law School.

 


As President and founder of Seltzer Licensing Group, Stu Seltzer is responsible for overseeing all business development ventures as well as maintaining meaningful and productive relationships with clients. He manages key deliverables and guides potential clients toward making the best decision for their brands moving forward.

A specialist in brand licensing, partnership marketing, and strategic alliances, Stu is an expert in analyzing, crafting, and securing partners for clients such as Unilever, Safeway and Starwood Hotels. His extensive first-hand knowledge of the industry and skills as a negotiator were developed while managing the licensing for Yves Saint Laurent of America and at DC Comic’s division of Warner Bros. He has helped many national companies and brands including Chef Boyardee, Del Monte and Scotts Miracle-Gro reap the best possible return on their marketing investment.

Stu is an adjunct professor at New York University and just completed his 15th teaching a 3-credit course on brand Licensing. He has also served on the board of the Licensing Industry Merchandisers Association (LIMA) for 6 years. Early in his career Stu developed his analytical skills while working as a CPA at Arthur Andersen & Co. He is a graduate of Lehigh University and holds an MBA from Columbia Business School.


Christine Lee DeLorme is an attorney in the FTC Division of Advertising Practices, where her work focuses on investigating health-related advertising claims. Christine previously served as attorney advisor to FTC Commissioner Rebecca Kelly Slaughter, former Commissioner Terrell McSweeny, and former Chairman Jon Leibowitz, advising the Commissioners on a wide range of consumer protection issues including advertising, privacy and data security, and financial fraud.  Before joining the FTC in 2004, Christine 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.


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.


Eric Unis joined NAD as a Staff Attorney in December 2017. Prior to joining NAD, Eric worked as an attorney at Troutman Sanders LLP. In over fifteen years of private practice representing clients in a wide range of industries, Eric focused on complex commercial litigation, consumer class actions, government investigations, consumer product safety issues, and advertising and marketing law. Eric has also worked on numerous pro bono matters on behalf of immigrant children. Eric has a B.A. from New York University with a double major in Politics and History and received his J.D. from Georgetown University Law Center. Eric is admitted to practice in New York.


In my current role at Schireson, I serve as a business and legal advisor to our senior management on a range of topics including complex transactions, intellectual property, privacy, employment law, executive compensation and a variety of other corporate matters. 

I assist stakeholders across the business to balance risks and benefits in a way that achieves our company's objectives in a fast paced, collaborative manner, in search of creative solutions to novel issues.

Prior to Schireson, I established and led the legal function at Bright Power, Inc., a consulting firm with a tech backbone in the energy efficiency space.  Before that, I was an intellectual property associate in Kilpatrick Townsend Stockton’s New York office, where I managed international and domestic trademark portfolios, clearance and prosecution, disputes and the protection of global brands generally, including trademark licensing and internet-related intellectual property needs for Fortune 500 and 1000 companies.