Brand Activation Legal Committee: December 2020

For December’s meeting, attorneys from Seyfarth Shaw will provide updates on recent false advertising cases, FTC activity, and developments in privacy law. Jeremy Schachter, Joe Orzano, Ken Wilton, Renee Appel, Tonya Esposito, Tracee Davis, and John Tomaszewski will present.

Jeremy Schachter, Associate, no matter the industry, trademark infringement and false advertising can cause irreparable harm to a brand. When this happens to Seyfarth’s clients, they rely on Jeremy to act swiftly to stop the harm from continuing, whether by having a website shut down, or obtaining emergency relief from a federal court. Clients also often turn to Jeremy to defend them against the claims of overzealous brand owners. Jeremy's substantial experience handling Lanham Act cases in federal court make him an invaluable asset on any trademark infringement and/or false advertising case. He has participated in well over 50 Lanham Act cases in federal courts throughout the country, including in the courtroom at preliminary injunction hearings, jury trials, and arguing appeals.

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. Joe also helps clients resolve disputes that arise when competitors or consumers challenge advertising or labeling.

Ken Wilton, Partner, breadth of knowledge across the entire IP spectrum makes him a unique resource in what has rapidly become a highly specialized field and believes intellectual property is the most valuable asset owned by most organizations. While focused primarily on the protection of trademarks, Ken’s experience in the related IP fields allows him to provide counsel that addresses the varied means of protecting intangible assets. With a strong background in computer programming, math and science, he understands how technology impacts organizations, and advises clients on how their IP rights can be protected in an interconnected world.

Renee Appel, Associate, her work spans two sides of the spectrum: the proactive and reactive. She works with companies of all sizes on the development of lawful products and marketing tactics, while also assisting clients who are subject to litigation or government enforcement actions. Her practice focuses on advertising and marketing, personal care and cosmetics products, consumer financial protection matters, and general regulatory compliance. Renée has a knack for problem-solving, which begins with asking the right questions of her clients, interpreting the rules and regulations that apply to her clients' situations, and devising expedited resolutions.

Tonya Esposito, Partner, is an experienced advertising, antitrust, and financial services lawyer. Tonya serves at the National Co-Chair of Seyfarth’s Consumer Financial Services Litigation group. Tonya’s practice is focused on a wide variety of consumer protection matters involving advertising and marketing, antitrust, and financial services issues. She has years of experience representing clients in  private litigation, as well as  government investigations brought by the state Attorneys General, the Food and Drug Administration, the Federal Trade Commission, the U.S. Department of Justice, and the Consumer Financial Protection Bureau.

Tracee Davis, Partner, her clients are involved in business disputes requiring litigation or arbitration. They are also engaged in business activities that involve the risk of litigation. Tracee advocates and mediates on her clients' behalf, and provides preventative legal advice and risk assessments to help her clients minimize their exposure to litigation. Tracee combines her extensive understanding of a wide spectrum of law with an insider's approach to find and help implement practical, cost-efficient solutions to the most complex legal issues.

John 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.