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The Future of AdTech Law


Speaker(s): Alexander Dryer, Brian Nixon, Byron Hing, David A. Brown, Monique N. Bhargava, Richard Hunter, Romy Horn, Seth Rose
Recorded on: Apr. 23, 2019
PLI Program #: 269917

Brian Nixon’s practice spans advertising, technology, emerging media and privacy, with particular focus on clients implementing targeted advertising strategies and other data-driven marketing initiatives across various media channels. He provides forward-thinking counsel to clients ranging from startups (including social media platforms and emerging media ventures) to Fortune 500 companies.

He advises organizations of all sizes on data optimization, mobile commerce, Telephone Consumer Protection Act compliance, online behavioral advertising, privacy issues, mobile apps, software development, advertising service agreements and content license agreements. Brian works with clients from a range of industries, including automotive, financial services, entertainment, media companies, online retailers, consumer products companies, fashion technology, new media ventures, sports leagues, and advertising and promotions agencies.

Brian has handled all aspects of drafting and negotiating agreements in marketing, merchandising, publishing, promotions, media, sponsorships, entertainment, branded and integrated marketing, and social media.

Prior to beginning his legal career, Brian worked as a technology consultant specializing in the development and implementation of e-business solutions for international companies. His clients value his technical knowledge and understanding of their business.

Brian has been named in The Legal 500 US for his notable work in the marketing and advertising industries. He is a frequent speaker at industry events in the marketing, advertising, privacy and technology sectors. 


Byron Hing is Manager and Senior Legal Counsel at Adobe Inc, where he oversees the Digital Experience Partner Legal Sales Team negotiating sales partnership transactions for Digital Experience transactions.  These transactions include contracts with advertising agencies for advertising technology transactions. 

Prior to his time at Adobe, Byron worked at Amazon and at various law firms.


David Brown is a Product Counsel in Google’s legal department, where he is responsible for counseling Google’s display advertising business. He advises Google’s product, engineering, and sales teams on a wide array of privacy, product development, and regulatory issues. He additionally represents Google in commercial transactions related to its advertising programs. Before joining Google, David was a litigation associate with WIlson Sonsini Goodrich & Rosati. He served as a law clerk for US District Judge William J. Haynes, Jr. (Middle District of Tennessee). He holds a JD from the University of California, Berkeley, School of Law, and a BA from Pomona College.


Monique (“Nikki”) Bhargava advises brands, advertising agencies, media and technology companies in all aspects of their business, including data privacy and security, digital media, sponsorships, content and IP licensing, and advertising/marketing matters. She also focuses on the convergence of advertising and emerging technology, helping clients navigate unique issues in new media, mobile marketing, social media, AdTech and user-generated content. 

Nikki’s clients span a wide array of industries, including food and beverage, retail, automotive, consumer packaged goods, restaurants, pharmaceuticals and OTC, financial services, advertising, media (including broadcast, print, and digital), technology and sports. 

Armed with practical and business-minded solutions, Nikki works with clients to achieve their goals while managing legal risks in the following areas:

  • Data Privacy and Security: Domestic and international compliance (CCPA, GDPR), cross-border transfers, online behavioral advertising, use and monetization of “big data”, mobile privacy, cross-device data collection and use, and data breach preparedness and response. 
  • Technology and E-Commerce: Website and mobile development, including transactional agreements, software and platform licensing, end-user license agreements, and other consumer facing policies. She also advises clients on E-Commerce strategies, including vendor and payment provider agreements, product quality and safety matters, and marketing integrations. 
  • Advertising: Claim substantiation, advertising and rights clearance, state and federal regulation, intellectual property issues (copyright, trademark, rights of privacy and publicity), agency/client contracts, media and adtech agreements, content licensing, talent and production contracts, social media, union issues, children’s advertising, network clearance, and sponsorships. 
  • Trademark, Domain Name, and Brand Protection: Trademark clearance for branding and advertising purposes, domain name and gTLD management and enforcement, asset licensing and protection strategies, as well as trademark portfolio management and enforcement. 


Richard Hunter is Senior Counsel in Abbott Laboratories’ global privacy legal unit. Richard addresses a variety of data protection and information security issues impacting all of Abbott’s divisions, with subject matter ranging from securing the enterprise against cyber-attack to privacy considerations arising in the product development cycle and almost everything in between.


Romy Horn is General Counsel at W2O Group, a healthcare-focused, analytics driven, marketing communications agency.  She currently leads the agency’s Legal and Business Affairs team and works hand in hand with the entire infrastructure group on a daily basis.  Romy is fluent in global operations US, EMEA, and APAC with a heavy strength focus in IP, Digital and integration across OpCo practices and departments. She leads the company’s legal strategy and execution which includes the responsibility to oversee M&A, streamline services, and improve relations with procurement departments to better meet client needs.

Prior to joining W2O, Romy was General Counsel at 360i for 7 years where she closely partnered with the Senior Leadership team to deliver a strong mix of risk prevention and protection and bring a true Value add across the network.  Romy has over 14 years of litigation and arbitration experience and a broad knowledge of the key intricate legal issues that surface in an evolving digital arena. She has shared her knowledge and experience at many legal conferences including, NYSBA on Native Advertising, ACI’s Annual Summit on Digital Advertising Compliance and Corporate Counsel’s Annual IP Trademark, Copyright & Licensing Counsel Forum.

Romy is a Brooklyn resident, graduate of Adelphi University (BA History and Dance) along with a J.D. from St. John’s University School of Law.  She spends her limited free time with infuriating multi-piece puzzles and has cultivated strong but well-informed opinions on the best Chinese noodles in NYC.

 


Zander Dryer is an associate product counsel at Google, where he advises the company’s mobile display advertising business. He works with product, engineering, and sales teams to address legal and regulatory issues from the initial stages of product development through launch. Before joining Google, Zander was an associate at Keker, Van Nest & Peters and a law clerk for the Hon. Michael Boudin of the U.S. Court of Appeals for the First Circuit. Prior to law school, Zander was a writer and editor and a member of the editorial staff of The New Yorker. He holds a JD from Harvard Law School and a BA from Yale College.


Seth Rose’s principal practice areas include advertising, marketing, promotions, media, and intellectual property for advertisers, advertising and promotion agencies, and entertainment, media, Internet and mobile clients.

Mr. Rose regularly counsels clients on programs and initiatives in the fields of advertising (including review of advertising copy and commercials), marketing, promotions, media, sponsorships, entertainment (including talent and music), branded and integrated marketing, social media, intellectual property and privacy. Mr. Rose has handled all aspects of drafting and negotiating agreements in and related to these fields, as well as agency services agreements, vendor services contracts, and other intellectual property and various emerging media and technology-related agreements.

Mr. Rose advises clients on trademark matters, from search and clearance to prosecution at the United States Patent and Trademark Office. Additionally, Mr. Rose has litigated intellectual property matters in federal courts, and has handled all aspects of trademark oppositions and cancellations at the Trademark Trial and Appeal Board. Mr. Rose also is experienced in various aspects of due diligence in connection with intellectual property portfolios.

Practice Areas

  • Advanced Media and Technology
  • Advertising and Promotions
  • Intellectual Property
  • Entertainment and IP Litigation
  • Trademarks and Copyrights
  • Digital and Social Media
  • Marketing and Advertising Regulatory
  • Sports

Prior Experience

Prior to joining Loeb & Loeb, Mr. Rose was an associate at Leydig Voit & Mayer Ltd.

Distinctions

  • Recommended “Top Emerging Lawyers in Illinois” in Advertising & Media Law by Leading Lawyers Network, a division of Law Bulletin Publishing Company (2015)
  • Named a “Rising Star” in First Amendment/Media/Advertising, Intellectual Property and Entertainment & Sports by Illinois Super Lawyers, a Thomson Reuters business (2010, 2012-2015)

Affiliations

  • Member, American Bar Association
  • Member, American Bar Association (Intellectual Property Section)
  • Member, Illinois State Bar Association
  • Member, Intellectual Property Law Association of Chicago
  • Member, Promotion Marketing Association
  • Member, International Trademark Association

Publications

  • Author, Virtual Reality Lets Fans Play Games- Just like the Pros, Chicago Daily Law Bulletin (October 2015)
  • Co-Author, PGA Takes Timid Steps to Join the Growing Social Media World, Chicago Law Bulletin (September 8, 2015)
  • Co-Author, Olympic Athletes May Get Chance to Sport Sponsors, Chicago Daily Law Bulletin (July 2015)
  • Author, Why the Low-Tech T-shirt Still Reigns Supreme, Chicago Daily Bulletin (June 9, 2015)
  • Author, Pro Sports in Pepsi's Court with NBA Deal, Chicago Daily Law Bulletin (May 12, 2015)
  • Co-Author, Oh, Snap! App Changes March Madness Strategy, Chicago Daily Law Bulletin (April 14, 2015)
  • Partner, MLB Using Technology to Expand its Reach, Chicago Daily Law Bulletin (March 17, 2015)
  • Partner, The Rise of E-Sports as a New American Pastime, Chicago Daily Law Bulletin (January 13, 2015)
  • Co-Author, Brands Weigh Benefits, Risks of ‘Cause-Related Marketing’, Chicago Daily Law Bulletin (December 30, 2014)
  • Co-author, Social Media Boosting College Football, Chicago Daily Law Bulletin (November 11, 2014)
  • Co-author, Here’s the Skinny on Levi’s New High-Tech Stadium, Chicago Daily Law Bulletin (October 14, 2014)
  • Co-Author, Are Fantasy Sports Operators Betting on the Right Game?, Chicago Daily Law Bulletin (September 9, 2014)
  • Co-Author, Assessing the Future of the Sports Wearable Technology Market, Chicago Law Bulletin (August 12, 2014)
  • Co-Author, Where is all the World Cup Action? Not in Brazil, Chicago Daily Law Bulletin (July 8, 2014)
  • Author, Can Ad Auction Site Take Brands to the Big Leagues?, Chicago Daily Law Bulletin (June 10, 2014)
  • Co-Author, Can a Selfie Change the Rules of the Commercial Speech Game?, Chicago Daily Law Bulletin (May 13, 2014)
  • Author, Network Covers Sports in a Chicago Minute (or Two), Chicago Daily Law Bulletin (April 8, 2014)
  • Co-Author, #LoveJu Initiative Fosters Fan Love Via Social Media, Chicago Daily Law Bulletin (March 11, 2014)
  • Author, NBC Goes for Gold with Facebook Partnership, Chicago Daily Law Bulletin (February 18, 2014)
  • Author, Maintaining an Athlete's Brand Value After Injury, Chicago Daily Law Bulletin (January 21, 2014)
  • Co-author, Another Way for Teams to Get Sued - the TCPA, The Chicago Daily Law Bulletin (December 10, 2013)
  • Author, Samsung gets NBA monopoly for $100M, Chicago Daily Law Bulletin (November 11, 2013)
  • Co-author, Take My iPhone out to the Ballgame, Chicago Daily Law Bulletin (October 15, 2013)
  • Co-author, ACC Debuts Advertising-Sponsored Mobile Gaming Application for College Football, Chicago Daily Law Bulletin (September 17, 2013)
  • Co-author, King James Rules Off the Court, Too, Chicago Daily Law Bulletin (August 23, 2013)
  • Co-Author, NBA Stalls Jersey Advertising, Allows Limited Sponsorship on Court, Chicago Daily Law Bulletin (July 9, 2013)
  • Author, Ivy League Joins Digital Trend, Chicago Daily Law Bulletin (May 14, 2013)
  • Co-author, MWC Capitalizes on March Madness Marketing, Chicago Daily Law Bulletin (April 9, 2013)
  • Co-author, NASCAR Drives More Fan Engagement, Chicago Daily Law Bulletin (February 12, 2013)
  • Co-author, 'D-Will' Tries Cutting Out the Middle Man, Chicago Daily Law Bulletin (January 15, 2013)
  • Co-author, More Teams Try Out Dynamic Ticket Pricing for Regular Season Games, Chicago Daily Law Bulletin (December 18, 2012)
  • Co-author, Sports Cards Head into the Digital Age, Chicago Daily Law Bulletin (November 13, 2012)
  • Co-author, Northwestern Launches Social Media Hub, Chicago Daily Law Bulletin (October 30, 2012)
  • Co-author, Officials Try Controlling Olympic Brand, Chicago Daily Law Bulletin (September 11, 2012)
  • Co-author, NBA Boldly Considers Logos on Jerseys, Chicago Daily Law Bulletin (August 14, 2012)
  • Co-author, Risking Fan Disapproval, Owners Unanimously Support NBA Program to Sell Advertising on Game Jerseys, Sports Litigation Alert (August 10, 2012)
  • Co-author, Bulls May Sell Ad Space on Game Jerseys, Chicago Daily Law Bulletin (May 29, 2012)
  • Co-Author, Dunking Billboards—Are NBA Game Jerseys for Sale?, Sports Litigation Alert (April 6, 2012)
  • Author, Towards A Solution For Dilution: Likelihood Instead Of Actual Harm, Ohio State Law Journal (2001)

Media Mentions

  • 5 Sticking Points For Leagues Eyeing Sports Jersey Ads, Law360 (August 27, 2015)

Events

  • Speaker, 37th Annual BAA Marketing Law Conference (November 9-11, 2015)
  • Speaker, The 5th M.A.T.C.H Roundtable: The Mid-Year Checkup (June 25, 2014)
  • Speaker, Endorsement and Sponsorship Agreement Pitfalls - Promoting and Protecting Brands (December 18, 2013)
  • Speaker, SLA Indiana Outreach Event (August 26, 2013)
  • Speaker, M.A.T.CH - It's More Than Just Getting Fans: How Advertisers and Agencies Are Creating and Managing Effective Social Media Campaigns (June 12, 2013)
  • Speaker, Advertising and Marketing Law: 2013 Cutting Edge Developments and Fundamentals Refresher (April 25, 2013)
  • Speaker, CARU Children's Advertising & Online Privacy Conference (April 10, 2013)
  • Speaker, New York City Bar Association Sweepstakes, Promotions & Marketing Laws (May 4, 2012)
  • Panelist, ABA Forum on the Entertainment and Sports Industries Annual Meeting, Licensing and Merchandising, Product Placement: Maximizing the Brand (October 14, 2011)
  • Speaker, Kansas Bar Association Intellectual Property CLE Program, IP Issues in the Era of Social Media (May 6, 2011)
  • Speaker, PMA Promotion Marketing Workshops 101-Digital Marketing and Promotion (March 16, 2011)
  • Speaker, Chicago Bar Association Young Lawyers Section on Creative Arts Law, Basics of Advertising and Sponsorship Agreements (October 20, 2009)
  • Presenter, Loeb & Loeb LLP Presents an Advanced Media and Technology Group Webinar: Social Media and Networking (October 14, 2009)
  • Host Speaker, INTA Roundtable: Legal Issues in Marketing and Advertising (January 25, 2007)

Education

Moritz College of Law at The Ohio State University, J.D., 2002, With Honors
Associate Editor, Ohio State Law Journal
University of Virginia, B.A., 1999
 

Bar Admissions

Illinois, 2002

Court Admissions

Illinois State Supreme Court, 2002
U.S. District Court for the Northern District of Illinois, 2002
U.S. District Court for the Western District of Michigan, 2005