Committees | Events & Webinars | Brand Activation Legal Committee: February 2021 | ANA

Brand Activation Legal Committee: February 2021

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For February’s meeting, attorneys from Perkins Coie will provide updates on recent FTC and NAD activity, false advertising cases, and developments in privacy law. Jason Howell, Ryan Spear, Alisha Burgin, Mark Goodrich, Jared Bryant, and Caitlin Hoeberlein will present.

Jason Howell, Co-chair of the advertising, marketing and promotions practice and as a member of the trademark, copyright and 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. 

Ryan Spear, Partner, counsels some of the world’s most innovative companies on cutting-edge privacy and security issues. His wide-ranging practice includes:

  • Content moderation and enforcement: Ryan helps online service providers develop effective and efficient strategies for moderating user-generated content, enforcing their terms of service, and protecting their services and their users from a variety of threats, including fraud, harassment, and other forms of abuse.
  • Litigation: Ryan has extensive experience handling individual and class action cases involving the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), biometric data laws, and other laws governing privacy and security. He also routinely represents clients in cases involving free speech and online publishing, including cases arising under the Communications Decency Act (CDA) and the First Amendment. He has litigated in federal and state courts throughout the country.
  • Regulatory actions: Ryan represents clients in complex and high-stakes regulatory actions by the Federal Trade Commission and state regulators.

 Alisha Burgin, Partner, represents companies and individuals in high-stakes commercial litigation in state and federal courts, as well as in arbitration. Her practice focuses on all phases of complex commercial disputes, unfair competition and consumer protection, and trade secret litigation. Alisha’s probing investigative skills and compelling written advocacy have facilitated many favorable settlements for her clients. A litigator who can handle nearly any dispute thrown her way, Alisha has obtained dispositive rulings for clients at early stages of litigation, including a grant of a motion to dismiss with prejudice in a false labeling class action brought in the U.S. District Court for the Southern District of New York. She has secured summary judgment for several clients, including once on the eve of trial.

Mark Goodrich, Counsel, 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.

Jared Bryant, Associate, has experience with various marketing, advertising, promotions, consumer protection, copyright, trademark, and right of publicity legal issues. While earning his J.D. at Georgetown University Law Center, Jared clerked at the NASA Headquarters Office of the General Counsel, where he supported the Commercial & Intellectual Property Law practice by performing legal research and assisting with a variety of projects. Jared also volunteered as an intake intern at the D.C. Employment Justice Center, conducting interviews with low-income residents involved in workplace legal disputes and drafting legal documents. Prior to attending law school, Jared worked as a software tester in the interactive entertainment industry.

Caitlin Hoeberlein, Associate, in Perkins Coie’s trademark, copyright, internet and advertising practice. Caitlin was a summer associate at the firm, where she wrote memoranda regarding the state secrets privilege and antitrust standing for nonprofit plaintiffs, and drafted sections of an amicus brief related to juvenile life without parole sentencing. While earning her J.D. at Harvard Law School, Caitlin interned at the U.S. Securities & Exchange Commission, where she conducted legal research and analysis and drafted a complaint for SEC litigation and investigations.