Advertising Law 101 (2024 Edition)

Alex Loveyko | ChaseLawyers

Alexander Loveyko, Esq., a New York-licensed attorney based in Miami, specializes in intellectual property and entertainment law at ChaseLawyers®. He has a proven track record of assisting brands and influencers with their unique legal needs in the rapidly evolving digital landscape. Mr. Loveyko expertly navigates the complexities of social media technology projects, offering comprehensive legal support for advertising and transactional agreements, deals between brands and influencers, as well as new social media projects that similarly need to be guided when it comes to staying within the boundaries of social media, advertising, privacy and copyright laws.

Additionally, he has experience in organizing and managing online sweepstakes and contests, involving brands, third-party sponsors, organizers of sweepstakes, and influencers tasked with promoting a specific contest, providing end-to-end legal oversight to safeguard both the brands and their participating audiences. With a deep understanding of the challenges and opportunities presented by the internet and social media, Mr. Loveyko is a trusted advisor to clients looking to maximize their online presence while minimizing legal risks.

Nerissa Coyle McGinn | Loeb & Loeb LLP

Nerissa Coyle McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She has experience advising on matters involving the Children’s Online Privacy Protection Act (COPPA) and the Children’s Advertising Review Unit (CARU).

Nerissa works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products.

Clients — including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials, and sweepstakes — regularly turn to Nerissa for trademark counselling services.

In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfilment, with an emphasis on internet and interactive advertising and promotions.

Ana Juneja | Ana Law

As an award-winning intellectual property attorney and the founder of Ana Law®, Ana Juneja helps celebrities, athletes, influencers, start-ups, entrepreneurs, and corporations secure + monetize their brands and ideas in the US and abroad.

Ana Law® is the first and only law firm that offers flat-fee, 100% guaranteed patent, trademark, and copyright services. Ana has a 100% success rate and often speaks on important topics such as emerging legal issues surrounding security, AI, and social media.

Additionally, Ana has extensive experience with social media intellectual property infringement issues. Ana’s insider connections with premier media agencies allow her to have direct access to key social media platforms, such as Meta (Facebook/Instagram), TikTok, and Twitter. These essential services are an important component of the brand protection strategy for Ana’s celebrity, athlete, & influencer clients.

Katelyn J. Patton | Frankfurt Kurnit Klein & Selz PC

Katelyn J. Patton is an associate at Frankfurt Kurnit, where she advises clients in a broad range of industries on advertising, marketing, regulatory, and intellectual property matters. She is recognized by Best Lawyers in America in the 2021-2024 “Ones to Watch” editions for Commercial Litigation.

Ms. Patton counsels on a wide variety of advertising law issues, including copy and content review, claims substantiation, and compliance with federal, state, and local consumer protection laws and guidelines. She represents advertisers in regulatory investigations and litigation, including before the Federal Trade Commission, and in competitive advertising disputes before the National Advertising Division. She co-authored the USA chapter of Chambers and Partners, “Advertising & Marketing 2023 Law and Practice” guide.

Prior to joining Frankfurt Kurnit, Ms. Patton was an associate in the Advertising and Marketing Group at Venable LLP, where she represented companies and individuals before the Federal Trade Commission, Department of Justice, and state attorneys general, as well as in private litigation. Her previous legal experience also includes intellectual property counseling and litigation, including before the Trademark Trial and Appeal Board.

As a student at Fordham University School of Law, Ms. Patton was an inaugural member of a first-of-its-kind privacy education program aimed at engaging middle school students in discussions about privacy and technology. She was also Managing Editor of the Fordham Intellectual Property, Media & Entertainment Law Journal. Prior to law school, Ms. Patton worked in marketing communications and government affairs for a leading industry trade association, whose initiatives included advocacy and lobbying efforts in Washington on behalf of business-tobusiness media companies.

Ms. Patton is admitted to practice in New York and the federal courts in the Southern and Eastern Districts of New York.

Sasha Berson | Grow Law Firm

Sasha, the Legal Marketing Consultant at Grow Law Firm in Chicago, boasts extensive business acumen. He co-founded a lending company, scaling it from 2 people to a top-20 multibillion-dollar enterprise before transitioning to consulting. His consulting practice focuses on aiding small and mid-sized businesses to achieve their goals, drawing from his entrepreneurial experience to offer practical solutions.

Co-authoring the bestselling book “Successonomics” propelled Sasha towards specializing in attorney marketing. He aims to deliver tailored services that directly impact clients’ bottom lines. At Grow Law Firm, Sasha optimizes marketing efforts, driving maximum revenue growth for legal industry professionals.

Before joining Grow Law Firm, Sasha expanded into a web development firm with a significant legal clientele, recognizing the unique marketing challenges facing attorneys. To address these challenges, Sasha and his team of over 40 attorney marketing experts have devised a systematic approach, creating high-performance websites and delivering impactful law firm marketing campaigns that attract more prospects while maintaining a reasonable client acquisition cost.

Today, Sasha combines his legal marketing expertise with a sincere dedication to assisting law firms in real-time growth, solidifying his position as a trusted consultant in the legal industry.

Session I – Social Media Agreements & Business Considerations | 9:40am – 11:50am

• Negotiating Social Media Agreements on behalf of Influencer Clients
• Negotiating Sponsorship & Endorsement Agreements on behalf of Brand Clients

Break | 10:40am – 10:50am

• FTC Rules and Contractual Provisions
• Helping Social Media Platform Clients Launch their Projects

Break | 11:50am – 12:00pm

Session II – The Future of Endorsement/Testimonial/Influencer Marketing | 12:00pm – 1:00pm

• The FTC’s Revised Endorsement and Testimonial Guidelines
• Recent enforcement actions
• Endorser/Testimonials marketing and Artificial Intelligence
• Influencers in the metaverse

Break | 1:00pm – 1:10pm

Session III – IP Compliance: Protecting Yourself from DMCA Takedowns and Defamation Claims | 1:10pm – 2:10pm

• Using Copyrighted Material Without Permission
• DMCA Takedown Notices
• Licensing Requirements
• Trademark Issues
• Defamation Dangers in Negative Reviews and Statements

Break | 2:10pm – 2:20pm

Session IV – Navigating Negative Option Programs and Requirements | 2:20pm – 3:20pm

• Federal law and rulemaking activity
• State regulation
• Recent enforcement actions

Break | 3:20pm – 3:30pm

Session V – Rules for Achieving High ROI with Ethical Advertising | 3:30pm – 4:30pm

• Rules for attracting clients and generating a high ROI on the advertising budget
• Rules for attracting clients with integrity
• Common mistakes in advertising that result in penalties and waste of advertising budget