Brand Activation Legal Committee: January 2019

For January's Brand Activation Legal Committee, Perkins Coie’s presentation will include: (i) a federal and state regulatory update; (ii) a discussion of recent federal false advertising/privacy cases; and (iii) a review of recent NAD and CARU cases.  Presenters will be Jason Howell, Amanda Beane, Janis Kestenbaum, Meredith Halama, and Mark Goodrich. 

Jason Howell, Co-Chair of the Advertising, Marketing & Promotions practice and as a member of the Trademark, Copyright & Media practice. He counsels businesses ranging from startups to top FORTUNE 50 companies in the retail, entertainment, gaming, software, internet, food and beverage, and advertising industries. Jason counsels clients on marketing, advertising, brand and consumer protection, and regulatory compliance issues, such as advertising claims and substantiation, sale and discount advertising, marketing and sponsorship agreements, product development, contests and sweepstakes, endorsements and influencers, and promotional offers. Jason also represents clients in trademark, false advertising and unfair competition disputes, and positions clients for success by auditing marketing assets and creating in-house marketing and advertising compliance programs.

Amanda Beane, Partner, counsels and defends clients on matters related to consumer protection and unfair competition, as well as Americans with Disabilities Act (ADA), privacy, contract trade secret and other commercial matters. She has significant experience defending class actions. During her more than 15 years of experience in courts across the country, Amanda has represented such clients as Coinstar, Redbox, Sprint and Zillow. Amanda is licensed in Washington and California, and she has tried cases in state and federal courts, including appeals and arguments before the Washington Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.

Janis Kestenbaum, Partner, in the Privacy & Security practice and Advertising, Marketing and Promotions group. Janis has defended major corporations and startups in investigations by the Federal Trade Commission, state attorneys general, and foreign data protection authorities. She also counsels clients on compliance with the federal and state privacy, data security, and consumer protection laws as well as data protection obligations under the EU General Data Protection Regulation. Her clients include cloud providers, hardware manufacturers, online software and mobile app developers, retailers, and fin tech companies.

Meredith Halama, Partner, in Commercial Litigation in the firm’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.

Mark Goodrich, Associate, in the firm's Advertising, Marketing & Promotions industry group, where he provides guidance on a variety of advertising compliance matters and helps brands navigate complex state, federal and local advertising, promotion and consumer protection laws. Mark’s experience includes counseling related to claim substantiation, endorsements and testimonials, deceptive pricing, discount or coupon offers, negative option or “automatic renewal” of subscriptions, cause marketing, online disclosures, intellectual property rights, free offers, native advertising, and other Federal Trade Commission (FTC) rules and guidelines. He also frequently drafts rules for contests, sweepstakes and related games, and provides counsel on how to structure promotions to comply with state and federal laws.