Brand Activation Legal Committee: April 2020

For April’s meeting, Frankfurt Kurnit Klein & Selz’s presentation will include a discussion of recent: (i) FTC developments; (ii) Lanham Act and class action false advertising updates; (iii) NAD/NARB updates; and (iv) privacy developments. Presenting from Frankfurt Kurnit Klein & Selz will be Mma Afoaku, Jordyn Eisenpress Elliot Siebers and Matthew Vittone.

Mma H. Afoaku, Associate in the Advertising, Marketing & Public Relations group. Ms. Afoaku advises clients on transactional and counseling matters across a variety of industries, including sports, automotive, beauty, e-commerce, interactive entertainment, food and beverage, social media, and telecommunications. She negotiates and drafts talent agreements, sponsorship and event promotion agreements, music license agreements, branded entertainment agreements, license agreements, agency and management agreements, and releases. She also advises clients on advertising copy and content review, social media guidelines, intellectual property, and right of publicity clearance.

Elliott Siebers, Associate in the Privacy & Data Security Group. He advises clients on regulatory, operational, and transactional matters arising from privacy and data security matters, including incident response and litigation. Prior to joining Frankfurt Kurnit, Elliott was a Deputy Attorney General with the New Jersey Office of the Attorney General, Division of Law for over five and a half years. He served as Section Chief of the Data Privacy and Cybersecurity Section -- the first to hold that position -- overseeing a team that handled multi-state and New Jersey-initiated investigations into violations of the New Jersey Consumer Fraud Act, Identity Theft Prevention Act, HIPAA/HITECH, and COPPA, among other laws.

Jordyn Eisenpress, 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.

Matthew R.D. Vittone, 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.