Brand Activation Legal Committee: November 2019

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For November’s meeting, Frankfurt Kurnit’s presentation will include: (i) a federal regulatory update; (ii) a discussion of recent state and federal false advertising cases; (iii) a review of recent NAD/CARU cases; and (iv) statutory updates. Presenting will be Matthew Vittone, Dorian Slater Thomas, Jordyn Eisenpress and Mma Afoaku.

Mma Afoaku is an Associate in the Advertising, Marketing & Public Relations group focusing on transactional and regulatory matters. Prior to joining Frankfurt Kurnit, Ms. Afoaku was an associate in the Emerging Technology & Venture Capital group at Egan Nelson. While at Egan Nelson, she served as de facto outside counsel for over 100 startups, working on a variety of matters including: formations, angel and venture capital financings, commercial and corporate transactions, and acquisitions, such as XOXCO’s acquisition by Microsoft.

Jordyn Eisenpress is an Associate in the Advertising, Marketing & Public Relations Group. Ms. Eisenpress focuses on advertising dispute resolution and a variety of transactional and counseling matters across a wide range of industries, including food and beverage, alcohol, automotive, pharmaceuticals, sports, and beauty.

Ms. Eisenpress has experience working on all sides of disputes before the National Advertising Division (NAD). She has assisted in the representation of challengers, advertisers, and the NAD itself, in both competitive disputes and public monitoring cases. During law school, Ms. Eisenpress spent time with NAD reviewing claim substantiation, analyzing consumer perception evidence, and drafting opinions. Most recently, while at Frankfurt Kurnit, she helped secure a favorable decision on behalf of one of the world’s largest pharmaceutical companies in a challenge involving competitive over-the-counter medications.

Dorian Slater Thomas is an Associate in the Advertising, Marketing & Public Relations Group, where he handles a wide range of transactional advertising work for prominent agencies, brands and individual creative talent. 

Mr. Thomas negotiates and drafts virtually every conceivable advertising and marketing services agreement. He regularly handles creative services agreements, talent, spokesperson, endorsement and influencer agreements, sponsorship and promotion agreements, branded entertainment agreements, agency and management agreements, production agreements, license agreements and releases. He also advises clients on a variety of advertising, marketing and intellectual property law matters — including copy and content review, network clearance, social media guidelines, copyright issues, and right of publicity issues. 

Matthew Vittone is an Associate in the Advertising, Marketing & Public Relations Group focusing on advertising, branded entertainment, interactive entertainment, data protection and privacy, intellectual property matters, music licensing and digital media.

Mr. Vittone’s practice includes risk assessment and counseling; structuring and negotiating creative services agreements, commercial production agreements, celebrity talent agreements, media agreements and licensing deals; reviewing advertising claims and substantiation; representing companies in disputes before the National Advertising Division (NAD); advising on regulatory matters; and performing legal clearance of advertising.