Brand Activation Legal Committee: May 2021

For May’s meeting, attorneys from Seyfarth Shaw LLP will provide updates in the following areas: (1) false advertising litigation, including NAD, Lanham Act, and class action cases; (2) the regulatory landscape, including FTC and State AG activity; and (3) developments in privacy law.  Jeremy Schachter, Joe Orzano, Renée Appel, and Jon Tomaszewski will be presenting.

Renée Appel, Associate, serves as litigation counsel to an industry trade association in the personal care products space. She also defends companies in enforcement matters brought by federal and state regulatory agencies and in litigation concerning product safety, labeling, packaging, and claim substantiation. She has handled all aspects of complex litigation, including fact and expert discovery, depositions, motions practice, hearings, and trial proceedings. Renée also regularly counsels cosmetics, skincare, and dietary supplement companies on labeling, consumer marketing, and risk management to avoid litigation and enforcement actions. This ensures adherence to rules and regulations enforced by the Food and Drug Administration and Federal Trade Commission.

Joe Orzano, Partner, has extensive experience defending consumer class actions involving claims of false advertising and challenges to product labeling. He has also represented clients in competitor advertising disputes, including in litigation and before the National Advertising Division of BBB National Programs, Inc. Joe draws on his litigation experience to provide sound, practical advice to companies regarding proposed advertising and product labeling.

Jeremy Schachter, Associate, represents clients with advertising and trademark issues in other forums. He handles inquiries from federal, state, and quasi-governmental regulators, including the FTC, state attorneys general, and the National Advertising Division (NAD). Jeremy is especially experienced at the NAD. He served as an editor on a working group for the American Bar Association’s Advertising Disputes and Litigation committee, which recommended changes to the NAD's rules, all of which were implemented. He has successfully represented clients in every scenario at the NAD, including initiating a challenge, responding to a challenge brought by a competitor, responding to a challenge brought by the NAD itself, and representing appellants and appellees in NAD appeals before the National Advertising Review Board (NARB).

Jon Tomaszewski, Partner, as part of our International Data Protection practice group and co-leader of the Global Privacy & Security team, John has significant experience counseling companies regarding data protection and information security throughout the Americas, Europe, and Asia. John has prepared data protection documentation for human resource outsourcing companies, cloud service providers, social media companies, and a host of traditional brick-and-mortar and emerging-technology clients. He has also developed data licensing agreements, fair information practice statements, digital signature policies, nondisclosure agreements, and similar information security and confidentiality instruments. His clients have included myriad technology companies, as well as financial services, pharmaceutical, and e-commerce businesses of all sizes.