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Social Media and Mobile Devices 2021: Addressing Corporate Risks


Speaker(s): Aaron P. Rubin, Gabriel T. Martinez, James Daire, Jane G. Pollack, John F. Delaney, Kathy L. Ossian, Kristin Marchesiello, La Toya Sutton, Matthew A. Stratton, Meredith Halama, Scott L. Malouf, Terri J. Seligman, Timothy D. Hance, Zac Rich
Recorded on: Feb. 17, 2021
PLI Program #: 305763

As Counsel in NBCUniversal’s Brands and Content Group, Tim advises businesses across NBCU on many different intellectual property issues.  His clients include networks, studios and major business units across the company such as NBC Sports, Golf Channel, NBC News (MSNBC, CNBC, and NBC regional news stations), NBC Entertainment, Telemundo, and Fandango.   He helps these businesses clear their original and promotional content (including show titles, scripts, productions, and merchandise), prosecute and grow their trademark and copyright portfolios, and enforce and defend their rights against third parties before IP offices, on social media platforms, and on online marketplaces.  He also serves as the Brands and Content Group’s Co-Enforcement Chair, where he develops and implements brand protection strategies and anti-counterfeiting initiatives.  Tim will be especially busy in 2021 as NBCU continues to produce and acquire content for its new streaming service Peacock and prepares to cover the Summer Olympic Games in Tokyo.

Before NBCU, Tim was an associate in Cooley LLP’s Trademark, Copyright, and Advertising practice group, where he counseled both large and emerging companies on IP issues across many different industries.  While at Cooley, he assisted in obtaining hundreds of favorable decisions in trademark opposition proceedings worldwide on behalf of Facebook and Google, and provided IP support in the high profile acquisitions of venture-based Los Angeles companies Dollar Shave Club and MVMT Watches.    

Tim received his law degree from the University of San Diego School of Law and his undergraduate degree from Georgetown University.  He was born and raised in Los Angeles and continues to be a die-hard fan of Los Angeles sports teams.


Gabe joined The Clorox Company in September 2010.  He is responsible for counseling the business on all advertising, marketing and promotions issues for the company’s brands.  In particular, Gabe works closely with brand managers, R&D and PR to develop new advertising claims, partnerships with charities, marketing campaigns, social media executions and branded entertainment.  He also manages competitive advertising challenges before NAD and false advertising litigation. 

Prior to joining Clorox, Gabe was a member of the advertising groups at Manatt, Phelps & Phillips and Loeb & Loeb in New York.  He attended Columbia University for college and law school.  Gabe currently lives in San Francisco’s fabulous Castro district where he enjoys oil painting, yoga and bourbon.

Headquartered in Oakland, CA, The Clorox Company is a leading manufacturer and marketer of some of the most trusted and recognized brand names, including its namesake bleach and cleaning products, Green Works® home care products, Pine-Sol® cleaners, Fresh Step® cat litter, Kingsford® charcoal, Hidden Valley® and K C Masterpiece® dressings and sauces, Brita® water-filtration products, Glad® bags and wraps and containers, and Burt’s Bees® natural personal care products.


James Daire is a corporate counsel at Yelp, where he focuses on litigation, including matters related to First Amendment rights, Section 230 of the Communications Decency Act, Anti-SLAPP protections, and data protection and privacy issues.  Prior to Yelp, James was a partner at Reed Smith here in San Francisco, where a member of the intellectual property, technology, and data group. 


Jane is the Chief Marketing & Advertising Counsel at Uber. In this role, she leads the legal team that supports Uber’s various advertising and marketing activities -- from brand campaigns, social impact initiatives, sponsorships and promotions to rider/driver communications and social media.  Prior to joining Uber, Jane served as Citigroup’s Chief Advertising Counsel, where she led the legal team that counseled Citi’s global consumer marketing and corporate sponsorship groups, as well as the US cards, mortgage, retail bank and personal wealth management marketing teams.  In prior roles at Citi, she provided legal support for the company’s rewards and cards advertising teams. 

Jane started her career focusing on advertising legal issues as an associate in the competition and intellectual property/media law practice groups at Weil, Gotshal & Manges LLP. She previously served as the general counsel at FAIR Health, Inc., a not-for-profit organization, and as an associate in the advertising, marketing and media law practice group at Manatt, Phelps & Phillips, LLP. Jane was a James Kent Scholar at Columbia Law School and graduated with honors from Wesleyan University.

In addition to her work at Uber, Jane is a member of the Beacon Giving Group, a grant-making community of women that makes grants to smallish not-for-profits in New York City.


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Kristin is Senior Marketing Counsel and Deputy Data Protection Office at Unilever United States, where she provides counsel to a variety of brands in the personal care category, including iconic brands like Dove, Suave, Caress, Vaseline, St. Ives, Simple, Axe, Love Beauty & Planet, and Q-Tips.   In addition to supporting her brands’ marketing and promotional legal issues, she manages Unilever’s data and privacy practice.  Before joining Unilever, Kristin worked in a variety of roles in the advertising law space, including adtech startups, fashion, television and self-regulation. In her spare time, Kristin enjoys painting, bike riding and traveling.   


La Toya Sutton, staff attorney, joined NAD in April 2018. Prior to joining NAD, La Toya worked in private practice, focusing on the marketing and promotion of consumer goods and services. During her years in private practice, she specialized in counseling clients regarding the advertising of products subject to the overlapping jurisdictions of the Federal Trade Commission and Food and Drug Administration. La Toya has authored numerous articles on various consumer protection issues and speaks regularly at industry conferences. La Toya received her B.A. from Brown University, with dual degrees in Political Science and Afro-American Studies. She received her J.D. from Georgetown University Law Center.  She is admitted to practice in Maryland and D.C.


Matthew Stratton

I am Associate General Counsel & Director at Snap Inc., the company behind Snapchat.  I have worked there since 2016 and currently lead the intellectual property team in Legal.  We handle all trademark and copyright matters, as well as patent prosecution and open source issues.  Before that I was Associate General Counsel, IP at Facebook and was responsible for a number of its main brands, as well as asset licensing.  Earlier I worked at Harvey Siskind LLP and Hanson Bridget LLP, both in San Francisco, doing all things trademark and copyright.  I live in Manhattan Beach with my wife and two daughters. 


Meredith Halama is a Commercial Litigation partner in the Perkins Coie’s Privacy & Security practice and Advertising, Marketing and Promotions group. Her practice focuses on privacy, advertising and marketing, and other consumer protection issues, with a particular emphasis on interest-based advertising, mobile advertising, data monetization and related business practices. Meredith counsels a broad range of companies, including technology companies, retailers and publishers, on privacy and consumer protection issues and serves as a leading authority on online and mobile advertising practices.

In addition to her counseling practice, Meredith represents companies in regulatory investigations before the Federal Trade Commission, state attorneys general and self-regulatory bodies. She also drafts privacy policies, online terms and conditions, and other consumer-facing disclosures. Meredith also regularly drafts and negotiates commercial agreements related to the collection, use and sharing of user data.

Prior to joining Perkins Coie, Meredith served as Deputy General Counsel and Director of Compliance of the Network Advertising Initiative, a trade association composed of nearly 100 companies engaged in interest-based advertising and related practices. While there, she drafted an industry code of conduct governing the collection and use of data for interest-based advertising, and she helped to develop industry policies with respect to the collection and use of data from mobile devices as well as how to respond to browser-based "Do Not Track" signals. She also regularly interfaced with regulators, privacy advocates and industry groups to help develop industry guidelines and policies. Before joining the NAI, Meredith spent eight years in private practice, where she focused on privacy and communications law.


Scott L. Malouf is a social media attorney. He helps organizations easily understand social media’s complexities and use social media to best effect.

He works with each client to determine the client's unique online goals, culture and risks. He devises real-world best practices and educates users on key legal risks and how to adapt to new challenges.

Scott advises organization on social media/tech policies and practices, employee online activities, negative reviews, social media in litigation, BYOD, ethics, background assessment, influencer risks, shadow IT, eDiscovery and more.

Scott also helps other lawyers use social media and digital information in litigation. Scott identifies online and device evidence; seeks or opposes discovery of digital information/devices; advises on evidentiary issues, discoverability, novel claims, ethics and other legal issues. He also develops budgets; assesses new litigation technology and makes using digital evidence faster, easier and more predictable.

Scott is a member of the American Bar Association/BNA Lawyers Manual on Professional Conduct Editorial Advisory Board. He is also a contributor to the ABA publication Handbook on Global Social Media Laws for Business Lawyers (Chapter 7: Defamation, Discovery of Sources, and Fake News). Scott’s contribution to that book focused on social media crisis communications and an attorney’s role in a social media crisis.

Scott is also an active member of the New York State Bar Association’s Social Media Committee, where he co-authored the Social Media Ethics Guidelines, an influential national ethics resource, and he contributed to the Social Media Jury Instructions Report. He also managed the Section’s Twitter feed and chairs CLEs.

Scott writes and speaks extensively and has appeared on television, National Public Radio (NPR), before the National Advertising Division (part of the BBB), on behalf of the American Board of Trial Advocates, in podcasts, at CLEs and in many other forums.

Scott is a Rochester, New York native. He received his B.A. from Hamilton College and his law degree from Vanderbilt University. He is licensed to practice law in New York and Massachusetts.

He can be reached at info@scottmalouf.com. See more at Scott’s LinkedIn profile.


Aaron Rubin is co-chair of the firm’s Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Mr. Rubin also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin-offs, and private equity investments.

Mr. Rubin's practice focuses on advising both established and emerging companies in a variety of data- and technology-intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e-commerce and other online business models, and mobile applications. He has represented clients such as Autodesk, Facebook, Gap, Konami, Kaiser Permanente, Oculus, Softbank, Visa, and Yahoo, among others. Mr. Rubin is also a co-editor of Socially Aware, Morrison & Foerster's award-winning newsletter and blog devoted to the law and business of social media.

In addition, Mr. Rubin regularly provides pro bono assistance to various non-profit and charitable organizations such as Common Sense Media and the Starlight Children's Foundation, and is a member of the Board of Directors of California Lawyers for the Arts.

Mr. Rubin received his B.A. in philosophy from the University of California, Berkeley in 1991. In 2001, he received his law degree from the University of California, Berkeley, Boalt Hall School of Law, where he was an executive editor of the California Law Review and was elected to the Order of the Coif. Following law school, Mr. Rubin served as law clerk to the Honorable William H. Orrick and the Honorable Martin J. Jenkins, both United States District Judges for the Northern District of California.


Experience:
Ossian Law P.C., Founder & CEO, 2013-present
University of Phoenix, Advanced Certified Faculty Member, 2001-present
Oakland University, Adjunct Faculty Member, 2016-present
Miller Canfield, Senior Principal/Information Technology & Cyberlaw Section Chair, 1986-2013
Law Clerk to U.S. District Judge Robert E. DeMascio, 1984-1986

Education:
J.D., Magna Cum Laude, Michigan State University College of Law, 1984
B.A., Economics, Michigan State University, 1980

Professional Activities:
American Bar Association, 1986-present
State Bar of Michigan, 1984-present
Law Practice Management Section Council, 2015-present
Armenian Bar Association, Board of Governors, 2010-present
Armenian-American Bar Association, Past President 1995-1997; Board Member, 1995-present

Honors and Awards:
Best Lawyers in America, Information Technology Law, 2007-present; 2012 Detroit Information Technology Lawyer of the Year
Michigan Super Lawyers, Information Technology/Outsourcing, 2006-present
DBusiness Magazine, Top Lawyers, Information Technology, 2011-present
Michigan Lawyers Weekly, 2011 Women in the Law

Civil and Cultural Activities:
University of Dayton School of Law Annual Program in Law & Technology, Steering Committee, 2007-present
American Bar Association Foundation Life Fellow, 2013-present
State Bar of Michigan Foundation Fellow, 2010-present
Detroit Regional Chamber & Leadership Detroit, Graduate, Class XXII
Girl Scouts of Southeastern Michigan, Board Member, 2009-present, Vice Chair, 2015-present


Terri J. Seligman is the Chair of the Advertising, Marketing & Public Relations Group at Frankfurt Kurnit. Ms. Seligman is a leader in the advertising law community.

Recognized as a “Leading Lawyer” in The Legal 500, Ms. Seligman also regularly appears in Best Lawyers, Chambers USA America’s Leading Lawyers for Business and Super Lawyers magazine. She was also the only law firm partner selected by New York Business Journal for its inaugural “Women of Influence Awards,” honoring business women who stand out both for their achievements in the marketplace as well as their commitment to community and mentoring.

Ms. Seligman is one of the country’s preeminent practitioners before the National Advertising Division (NAD), representing both advertisers and challengers in competitive advertising disputes. She also represents companies in disputes and regulatory matters before broadcast networks and state and local enforcement agencies.

In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and rights of publicity and privacy. She also regularly advises on sweepstakes and contests, and laws governing gift cards, reward programs, rebates, and other popular marketing devices. In addition to her counseling practice, Ms. Seligman also drafts and negotiates contracts for advertising and marketing arrangements, including celebrity talent deals, sponsorship and co-promotion agreements, media agreements, and licensing agreements.

Ms. Seligman is a well-known public speaker on advertising, marketing, and Internet law issues. She has been a featured speaker at BAA, NAD, ANA, MLRC and other national conferences. Her writings have appeared in Inside Counsel Magazine, Advertising Compliance Service, iMedia Connection, The Computer and Internet Lawyer, Law 360, and other publications. She has served as a Vice-Chair of the Advertising Disputes and Litigation Committee of the Antitrust Section of the American Bar Association (ABA) and is currently a Co-Chair of the Advertising and Commercial Speech committee of the MLRC.

Ms. Seligman is a graduate of New York University School of Law (JD, 1985), and Wesleyan University (BA, with honors, 1982). She clerked for the late Hon. Morey L. Sear, former Chief Judge of the United States District Court for the Eastern District of Louisiana. Ms. Seligman is on the Board of Trustees of The Brearley School and is also a Life Fellow of the American Bar Foundation. She is a past recipient of the Cornerstone Award from Lawyers Alliance for New York, the leading provider of legal services for nonprofit organizations improving the quality of life in New York City neighborhoods. Ms. Seligman is admitted to practice in New York and California.


Zac Rich is lead counsel at Facebook Realty Lab’s supporting Social VR Products for the Oculus platform. Most recently, Zac supported the team that brought Facebook Messenger onto the Oculus platform. Prior to joining Facebook, Zac was a product counsel for Amazon Lab’s 126 supporting the emerging products team, and ran his own practice, Press Start Legal, which focused on providing legal services to Content Creators, Social Media influencers, Game Developers and Online Streamers/E-sports players.