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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 Dayal is a partner at Davis & Gilbert. Her practice concentrates on representing and advising the firm’s advertising, media and entertainment clients in both transactional and adversarial matters, ranging from licenses for use of fine art and literary materials, to disputes raising copyright, right of publicity, defamation, and false advertising claims. Ashima also counsels clients on entertainment union and guild issues pertaining to television, radio and Internet advertising.

Ashima has been recognized by The Legal 500 United States in the areas of copyright and advertising and marketing. She also has been recognized in Media Law International’s rankings for her work in the area of media law.

Immediately prior to becoming an attorney, Ashima was a publicist at the Fox Broadcasting Company and Baker Winokur Ryder Public Relations. While in law school, Ashima was Senior Editor of the Columbia Law Review, and prior to joining Davis + Gilbert, Ashima was an intellectual property attorney at Debevoise & Plimpton.

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 and a Dean’s Distinguished Scholar at 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 is actively involved in matters of professional ethics, transactional practice, interdisciplinary collaboration, and legal services for the poor. He serves as the co-chair of the Boston Bar Association Ethics Committee, and is a member of the Massachusetts Supreme Judicial Court’s Standing Committee on the Rules of Professional Conduct.  He is a board member and treasurer of Lawyers Clearinghouse, and a board member and treasurer of Lawyers for Affordable Justice.  He is the co-author of two textbooks used in law school clinics around the country, the lead author of a treatise on lawyer discipline issued by the Massachusetts Board of Bar Overseers, and more than 30 law review articles.

Professor Tremblay was the 2019 recipient of the William Pincus Award, given annually by the Clinical Section of the Association of American Law Schools.  He received the  2008 Emil Slizewski Excellence in Teaching Award at the Boston College Law School commencement ceremonies, 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).

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. 

Randi Singer, a litigation partner based in Weil’s New York and Silicon Valley offices, is a member of the Firm’s Intellectual Property & Media practice and Co-Head of its Privacy & Cybersecurity group. She has successfully represented and counseled clients on a wide variety of copyright and trademark matters encompassing classic ownership and fair use issues, and is a recognized expert on secondary liability infringement issues. Randi also litigates high-stakes Lanham Act advertising cases involving everything from complex pharmaceuticals and biotech products, to consumer products and financial services. She has earned the Certified Information Privacy Professional (CIPP/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 hundreds of transactions ranging from high-profile deals to large public company mergers and small talent acquisitions.

Randi 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. She graduated magna cum laude from Harvard University and received her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar.

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.


  • District of Columbia


  • 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 Attorney at the National Advertising Division (NAD) of BBB National Programs, Inc. Joining the organization in 2012, Hal resolves disputes over the truthfulness and accuracy of national advertising campaigns, writing and publishing detailed decisions that provide guidance and critical insights to the advertising industry. His decisions have touched on numerous important advertising law principles, including “up to” claims, the use of consumer reviews in claim substantiation, and defining the line between editorial content and advertising. Hal also regularly presents at conferences and CLE programs about advertising self-regulation and current trends in advertising law.

Prior to joining NAD, Hal worked in private practice with a focus on medical malpractice litigation and mental health law. Earlier in his career, he was an attorney at the New York City Human Resources Administration where he represented the city’s social services programs.

Hal earned his BA in Political Science from the University of Pennsylvania and his JD from the Benjamin N. Cardozo School of Law. Hal is admitted to the bars of New York and New Jersey.