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Hot Topics in Advertising Law 2019


Speaker(s): Alice A. McTighe, Ashima A. Dayal, Barbra S. Levy, Christine L. DeLorme, Dona J. Fraser, Elyssa Dunleavy, Hal Hodes, Janet R. Abrams, Jenny Odegard, Julie Zerbo, Paul R. Tremblay, Randal Shaheen, Randi W. Singer, Tori Chami, Tsan Abrahamson
Recorded on: Jun. 20, 2019
PLI Program #: 251385

Julie Zerbo is a lawyer, and the founder and editor-in-chief of The Fashion Law, an independent source of objective fashion law and business analysis. She has been profiled by the Wall Street Journal, Reuters, MTV, and NBC, and has been cited by publications including the New York Times, the Economist and Vogue publications worldwide, among others. 

She maintains a byline with the New York Times, and is on the board of New York Law School’s Fashion Law Initiative. 


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.


Dona J. Fraser is CARU Director. Dona, a leading privacy expert, comes to CARU from the Entertainment Software Rating Board (ESRB), a self-regulatory program developed by the video game industry. Dona brings to CARU a strong understanding of the marketplace challenges facing children’s advertisers, the complexities of children’s privacy issues and extensive experience with self-regulation. Dona has spoken on these issues both in the U.S. and abroad. At ESRB, she served as Vice President, Privacy Certified, starting in 2012. Prior to that, she was the ESRB Director, Privacy Online. In those positions, Dona was responsible for providing hands-on assistance to participating companies on development of data collection and privacy practices to meet ESRB standards. She also crafted best privacy practices in several areas including mobile apps, downloadable games, short-form privacy policies, behavioral advertising and social networking. Prior to her ESRB role, Dona served as a Director of Business and Legal Affairs for music labels at BMG/Sony Music in New York.


Janet Abrams is Vice President of Business & Legal Affairs at Viacom Media Networks.   She has been with the company since 2010.  Janet negotiates a variety of commercial agreements and advises on digital and general business matters, working mainly with the advertising sales, social impact, corporate responsibility, marketing strategy, culture and business development groups at Viacom.  Janet also develops social media use policies for the VMN brands and advises such brands and in-house lawyers on general business and legal concerns related to social media platforms.

Prior to joining Viacom, Janet was Director of Legal Affairs at NBCUniversal, where she supported digital teams, including iVillage and NBC Local Media.  Janet is a graduate of New York Law School and the State University of New York at Albany. She also studied abroad in London as an undergraduate.  Janet is a member of the Internet Advertising Bureau’s Legal Affairs Council on behalf of Viacom, and outside of her position at Viacom, she advises the anti-violence organization, V-Day, on a pro bono basis and is on the Board of Directors for the arts access organization, Lulu & Leo Fund. 


Paul R. Tremblay is a Clinical Professor of Law Boston College Law School.  From 2012-2015 he served as the school’s Associate Dean of Experiential Learning.  A member of the faculty since 1982, he teaches clinical courses at the Boston College Center for Experiential Learning as well as classroom courses in legal ethics and professional responsibility.  Prior to his appointment at Boston College Law School, Professor Tremblay was a Senior Attorney at the Legal Aid Foundation of Los Angeles and an instructor at UCLA School of Law.  He is a graduate of Boston College and UCLA School of Law.

Since 2008, Professor Tremblay has directed the Community Enterprise Clinic, a transactional clinical course at Boston College Law School.  In the Community Enterprise Clinic, students represent low- and moderate-income entrepreneurs, small businesses, nonprofits, and first-time home buyers.  The mission of the Community Enterprise Clinic is to support economic progress in under-resourced neighborhoods, and to offer a vibrant educational experience to students interested in business law, transactional work, and community economic development.

Before offering the transactional clinic, Professor Tremblay taught civil litigation and housing law clinics at the BC Legal Assistance Bureau.

Professor Tremblay has considerable interest in professional ethics, interdisciplinary collaboration, and legal services for the poor. He has been a member of the Boston Bar Association Ethics Committee since 1993, and he has served on the Executive Committee of the AALS Section on Professional Responsibility.  He has published in several scholarly journals on matters of professional ethics, including articles on lawyers’ obligations with questionably competent clients, on rationing legal services for the poor, and on a method of ethical decision making known as “casuistry.”  He is a co-author (with Alicia Alvarez of Michigan) of Introduction to Transactional Lawyering Practice (2013), and (with David Binder and Paul Bergman of UCLA, and Ian Weinstein of Fordham) of Lawyers as Counselors: A Client Centered Approach (3rd ed. 2012), both leading textbooks used in law school clinics.  His recent articles include Transactional Legal Services, Triage, and Access to Justice, 46 Wash. U. J. L. & Pol’y 11 (2015); Lawyers and the New Institutionalism, 9 U. St. Thomas L. J. 567 (2012) (with Judith A. McMorrow); Counseling Community Groups, 17 Clinical L. Rev. 389 (2010); Shadow Lawyering: Nonlawyer Practice Within Law Firms, 85 Ind. L.J. 653 (2009); and Public Health Legal Services: A New Vision, 15 Geo. J. on Poverty L. & Pol’y 729 (2008) (with Ellen Lawton, Randye Retkin, David I. Schulman & Megan Sandel, M.D.).

Professor Tremblay was the recipient of the 2008 Emil Slizewski Excellence in Teaching Award at the Boston College Law School commencement ceremonies.  He also received the 2004 Outstanding Advocate for Clinical Teachers Award from the Clinical Legal Education Association (CLEA), and the 2009 Community Commitment Award from the Waltham Alliance to Create Housing (WATCH).


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.


Alice McTighe is General Counsel of Tubi, Inc., the world’s largest ad-supported video on demand service with movies and television shows from nearly every major Hollywood studio. Prior to Tubi, she was Deputy General Counsel at Pandora Internet Radio, where she led teams responsible for all business transactions for the company, including advertising sales and sales operations. Prior to Pandora, Alice spent time at Palm, Inc., Disney*ABC Cable Networks Group, as well as O’Melveny & Meyers, Brobeck Phelger & Harrison and Cooley Godward.  She is a graduate of Hastings College of the Law and holds a Bachelor of Science from Stanford University.  She loves to travel and has visited 62 countries and counting.


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.


Elyssa is an advertising lawyer with an expertise in influencers, advertising review, and intellectual property at L’Oreal USA, Inc.  She has extensive experience drafting and negotiating influencer agreements and counseling clients on the regulatory landscape and advertising best practices.  Elyssa has developed social media related policies and trainings which are utilized by L’Oreal worldwide.  

Prior to joining L’Oreal, Elyssa was the head of Grey New York’s Advertising Standards and Compliance Department where she oversaw the review and clearance of all advertising campaigns across multiple categories and media.  Elyssa developed a robust in-house compliance program for creatives and executives, which included trainings and policies to reduce risk to the Agency and its clients.  Elyssa was the recipient of Grey’s “Gravy Award” which recognizes employees for their outstanding contributions to the Agency and forward thinking.  

Ms. Dunleavy is a graduate of the University of California, Los Angeles (B.S. Political Science) and New York Law School.


Jenny Odegard is the founder and CEO of Odegard Law. The firm works with creative businesses representing boutique marketing agencies, production companies, artists, designers, and entrepreneurs. Odegard Law’s practice areas include intellectual property, contracts and transactions, and dispute resolution. 

Ms. Odegard is also a writer, speaker, and podcast guest. She comments on legal issues facing small businesses, how the law applies to the changing media and advertising landscape, and the future of the legal industry.

Ms. Odegard served on the New York City Bar Association Committee on Professional Ethics from 2015-2018. As a part of her work on the Committee, she helped to staff the Ethics Hotline, answering questions from practitioners about how to apply the Rules of Professional Conduct to specific situations. 

Ms. Odegard earned her Bachelor of the Arts in Gender Studies from the University of Minnesota, and her Juris Doctor from William Mitchell College of Law with a focus on business law and intellectual property law. 


Randy Shaheen has more than 30 years of experience as an advertising attorney. A member of BakerHostetler's Advertising, Marketing and Digital Media team, he represents clients before a variety of regulatory agencies, including the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), National Advertising Division (NAD) and state attorneys general, and he is sought after for his handling of multijurisdictional matters. Randy's background facilitates practical insight: He has a significant history with matters related to privacy and data security, marketing to children, "green" claims, dietary supplements, claims of weight loss and health and performance, comparative claims, the use of surveys and "Made in the USA" claims.

Select Experience

  • Represented numerous companies with respect to counseling and Federal Trade Commission (FTC) investigations related to the Children’s Online Privacy Protection Act (COPPA).
  • Represented a variety of leading companies in the hospitality industry with respect to counseling and FTC investigations related to drip pricing.
  • Represented diverse companies -- including the manufacturer of the nation's best-known yogurt brand, and a top provider of network infrastructure -- on multi-pronged federal/state investigations and coordinated settlements.

Admissions

  • District of Columbia

Education

  • J.D., Harvard Law School, 1985, magna cum laude
  • B.A., Bucknell University, 1982


Tori Chami serves as Vice President and Senior Counsel in the General Counsel’s Office at American Express, supporting the Global Advertising & Brand Management (GABM) and Corporate Affairs and Communications (CA&C) business units, as well as having responsibility for Customer Engagement, Brand & Media for the enterprise.   Tori focuses on brand advertising, sponsorships, media buying, experiential marketing, native advertising, celebrity endorsement deals, music licensing and branded entertainment.  He also supports his clients in areas such as social media advertising, promotions and sweepstakes, cause-related marketing, and influencer programs.  Prior to joining American Express in 2013, Tori was in-house counsel at Constituency Management Group, a division of Interpublic Group of Companies (IPG), supporting various PR and marketing agencies across the US and Canada.  In 2014, Tori co-authored a white paper published by WOMMA, entitled “Don’t be Naive about Native”, on how marketers should approach disclosure in native advertising. Tori is a graduate of New York University and Brooklyn Law School.


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.


Hal Hodes is a Senior Staff Attorney at the National Advertising Division (NAD) of the Advertising Self-Regulatory Council. He joined NAD in August 2012. Prior to joining NAD, Hal worked in private practice focusing on litigation. As an associate at McAloon & Friedman, P.C., he represented hospitals and other health care practitioners in malpractice litigation and proceedings under the New York State Mental Hygiene Law. Previously, Hal was an attorney at the New York City Human Resources Administration, where he represented the City’s social services programs. Hal is also on the steering committee of a prominent voting rights group, conducting research on voter protection laws, advocating for election reforms and regularly serving as an election monitor. He earned his B.A. in Political Science from the University of Pennsylvania and his J.D. from the Benjamin N. Cardozo School of Law. Hal is admitted to the bars of New York and New Jersey.