Interfacing Online with Your Customers: Terms of Use, Data Gathering and Chat Functionality

Jason Stiehl | Crowell & Moring LLP

Balance and comprehension are Jason Stiehl’s strengths. Splitting his practice between class action defense and trade secret protection, Jason immerses himself in the business of his clients. With a depth of understanding and appreciation for the risks and growth strategies in his clients’ markets, he defends the assets and brands most valuable to his clients before trouble strikes.

Jason is a partner in Crowell & Moring’s Chicago office, where he is a member of the firm’s Litigation and Technology and Brand Protection groups. Jason is an experienced trial lawyer with a nationwide practice in federal and state courts focusing on complex litigation, consumer class actions, and advertising disputes. He serves clients in the retail, food and beverage, pharmaceutical and medical equipment, advertising, and technology sectors defending allegations related to consumer fraud, false labeling and deceptive practices, and Lanham Act violations. As a leading consumer class action defense lawyer, Jason also defends clients in matters involving the regulatory alphabet soup. His experience includes defense and counseling regarding the Illinois Biometric Information Privacy Act and the Telephone Consumer Protection Act and navigating the myriad varying state consumer protection statutes, including California’s Legal Remedies Act and the California Consumer Privacy Act.

In addition, Jason represents clients in complex litigation matters involving corporate espionage, restrictive covenants, trade secrets and other intellectual property claims, general unfair competition, and complex disputes over post-acquisition escrows and earnouts. His cases have involved recovering and protecting international brand assets in Asia, South America, Canada, and Europe using cross-border resources to secure his clients’ intellectual property, including automotive, industrial, and food manufacturing technologies. Jason has been recognized by his peers and clients for his ability to understand and immerse himself in his clients’ businesses and develop a fulsome strategy to protect their most valuable assets. Jason has obtained and defended preliminary and permanent injunction matters across the country and has taken multiple cases through trial and appeal.

David Ervin | Crowell & Moring LLP

Advertisers, broadcasters and publishers trust David Ervin to structure deals and protect their brands and content in a competitive market where technology continues to transform the media and marketing landscape. Leveraging nearly 30 years of transactional and litigation experience – uniquely focused on the intersection of advertising and intellectual property law – he is known for providing comprehensive advice that is both practical and reliable and his effective and thoughtful advocacy.

Dave is a go-to resource for consumer brands making significant investments in media, content creation and marketing partnerships. With experience at every stage of the life cycle of commercial advertising, he regularly negotiates agency agreements and provides counsel to brands on rights clearance, SAG/AFTRA, claim substantiation and media strategies for new campaigns. He has significant experience negotiating deals with celebrity talent, professional sports leagues and teams, entertainment properties, media companies and consumer brands. His consumer protection expertise covers loyalty programs, gift cards and payment devices, e-commerce and deceptive pricing.

Dave helps clients protect and enforce their copyrights and trademark rights in television programming, documentary films, news publications, music, sponsored content and advertisements. From trademark clearance and prosecution to copyright and false advertising litigation, he is focused on efficiently partnering with clients to protect their brand and content investments and implement successful strategies to monetize their creative assets.

Dave co-leads the firm’s Advertising & Media practice, which is ranked by Chambers USA for Advertising Litigation and by Legal 500 for Advertising & Marketing: Litigation and Advertising & Marketing: Transactional & Regulatory. He is ranked by Chambers USA for Advertising: Transactional & Regulatory.

Suzanne Giammalva | Crowell & Moring LLP

When businesses need assistance with brand management and protection or representation in litigation, challenges before the National Advertising Division of the Council of Better Business Bureaus, or government investigations, Suzanne Giammalva offers practical and effective counsel to reduce exposure and solve disputes. Working collaboratively with her clients and colleagues, Suzanne assesses clients’ primary goals, develops legal strategies through research, drafts key legal documents, and engages with the NAD and government entities on behalf of clients.

Roy A. Abernathy | Crowell & Moring LLP

Roy Abernathy is a litigator representing clients in complex matters in both federal and arbitral forums with a focus on advertising and consumer protection. His experience and practice enable him to provide strategic solutions for brand protection counseling, regulatory compliance before the Federal Trade Commission and National Advertising Division, and navigation of related litigation.

I. Drafting Clear and Enforceable Terms of Use | 12:00pm – 12:30pm

II. Legal and Regulatory Compliance | 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

III. Risk Management and Enforcement Strategies | 1:10pm – 1:40pm

IV. Recent Legal Developments and Emerging Trends | 1:40pm – 2:10pm