Nancy J. Felsten. Professional & Community Activities. Partner. New York T F

Transcription

1 Nancy J. Felsten Partner New York T F Nancy Felsten is a partner at Davis Wright Tremaine LLP in New York. She advises advertising agencies and corporate clients on advertising, marketing, and promotional matters. Her clients include a broad cross-section of industry ranging from all manner of consumer products to clients involved more specifically in media, telecommunications, consumer electronics, FDA-regulated OTC products, pharmaceuticals, banking, and retail. She also addresses copyright, trademark, privacy, First Amendment and trade secret and trade regulation issues. Nancy frequently represents clients in false advertising challenges before the National Advertising Division of the Council of Better Business Bureaus (NAD), the National Advertising Review Board (NARB), television networks, the Federal Trade Commission, and State Attorneys General. Practice Highlights Advises clients on claims substantiation, copyright, trademark, privacy, First Amendment, Internet, trade secret and trade regulatory issues, including development of claims substantiation, review of underlying consumer research, design and review of claims test procedures for monadic and comparative product/service claims, general regulatory compliance oversight and talent union-related issues Negotiates and drafts celebrity talent agreements, production agreements, rights acquisition agreements, intellectual property licensing, advertising agency/client agreements, co-promotion and sponsorship agreements, sweepstakes and promotions programs and rules Advises clients in developing new media and digital advertising initiatives and strategies, including compliance with relevant FTC guidance and practice Regularly represents a cross-section of clients before the NAD and the NARB Professional & Community Activities Board Member, New Alternatives for Children, an organization that provides support of birth, foster, and adoptive families who are caring for children with special medical needs at home, 2016 American Bar Association, Vice Chair Consumer Protection Committee, 2015-present Instructor, Advertising Claims Support: Case Histories and Principles Course, The Institute for Perception, 2013, 2014 Elected to Board of Directors, the Brand Activation Association (formerly the Promotion Marketing Association), 2009-present Member, Government and Legal Affairs Council and Legal Center of Excellence, Brand Activation Association (BAA), 2009-present Member and Former Co-chair, Advertising and Commercial Speech Committee, Media Law Resource Center (MLRC), 2009-present Co-chair, Annual Law Conference of the Brand Activation Association (BAA), 2008 Planning Committee Member, National Advertising Division (NAD) Annual Conference, 2004, 2007, 2010, 2013, A s Legal Consultation Program, 2000-present Guest Member, the American Association of Advertising Agencies Legal Affairs Committee American Bar Association New York State Bar Association New York City Bar Association EDUCATION J.D., Columbia Law School, 1986 B.S.J., Northwestern University Medill School of Journalism, 1982 RELATED PRACTICES Intellectual Property White Collar, Investigations, and Government Controversies Commercial Speech & Advertising Advertising, Marketing & Promotions Media & First Amendment Entertainment Transactions Litigation Product Stewardship Communications, Media, IP & Technology Entertainment Digital Media ADMITTED TO PRACTICE New York, 1987 U.S. Court of Appeals 2nd Circuit, 1995 U.S. Court of Appeals 5th Circuit, 1997 U.S. District Court Eastern District of Michigan, 1996

2 Professional Recognition Named as one of "America's Leading Lawyers for Business," in Media & Entertainment: Advertising (Transactional) (New York) by Chambers USA, ; Advertising: Transactional & Regulatory (Nationwide), Selected to "New York Super Lawyers" by Thomson Reuters, ; in First Amendment/Media/Advertising, ; in Intellectual Property, Advisories D.C. Circuit s POM Wonderful Decision Calls Into Question The FTC s Imposition Of A Two-Study Requirement Supreme Court Grants Certiorari in POM s Attack on FDCA/Lanham Act Preemption "Operation Failed Resolution:" FTC Seeks Media Outlets Help to Police Deceptive Weight Loss Ads Native Advertising Practices Scrutinized in FTC Workshop Native Advertising is on the Rise, and the FTC Has Taken Notice FTC Announces COPPA Rule Changes FTC Proposes Revised Definitions for Its Previously Proposed COPPA Rule Changes FTC Proposes First Modifications to Children s Online Privacy Protection Act (COPPA) Rules Since Original Adoption in New Maine Privacy Law Restricts Marketing to Minors The Credit CARD Act of 2009 (Part 3 of 3) Agencies Propose Clarifications to Credit Card Rules; Congress, White House Seek More Reforms (Part 2 of 3) Agencies Propose Clarifications to Credit Card Rules; Congress, White House Seek More Reforms (Part 1 of 3) News 2016 "Around the Firm," Davis Wright Tremaine Pro Bono Report Chambers USA Recognizes Davis Wright Tremaine LLP in 33 Practice Areas and Names 89 Attorneys "Leading Lawyers for Business" Chambers USA Recognizes Davis Wright Tremaine LLP in 31 Practice Areas and Names 86 Attorneys "Leading Lawyers for Business" Quoted in "Is Change Coming to Ad Industry's Self-Regulation Policies?" Advertising Age Chambers USA Recognizes Davis Wright Tremaine LLP in 31 Practice Areas and Names 89 Attorneys "Leading Lawyers For Business"

3 Chambers USA Recognizes Davis Wright Tremaine LLP in 43 Practice Areas and Names 88 Attorneys "Leading Lawyers For Business" Chambers USA Recognizes Davis Wright Tremaine LLP in Multiple Practice Areas and Names 89 Attorneys "Leading Lawyers For Business" Presentations "#ADLAW: Marketing Through Social Media," DWT DOWNLOAD, Los Angeles "What's New in Advertising Law, Claim Support and Self-Regulation?" American Bar Association, Webinar "A Conversation About Native Advertising, Editorial Integrity and Brand Reputation," NAD Annual Conference, New York, N.Y "Changes in NAD, NARB and Advertising Industry Self-Regulation Procedures," NAD Annual Conference, New York, N.Y "Negotiating Advertising Agency/Client Contracts," The Business of Marketing Law Conference, Brand Activation Association, Purchase, N.Y Instructor "Designing Effective Surveys: The Science of Answering Questions," The Institute for Perception, White Sulphur Springs, W.V "Hiding in Plain Sight: The Challenge of Native/Blurred Advertising," 36th Annual BAA Marketing Law Conference, Chicago "#ADLAW: Marketing Through Social Media," DOWNLOAD, Davis Wright Tremaine, New York, N.Y. 2013, 2014 Instructor, "Advertising Claims Support: Case Histories and Principles Course," The Institute for Perception, White Sulphur Springs, W.V "Regulatory Round-Up: The Latest Enforcement Priorities from the FTC, State AG's & NAD," 35th Annual BAA Marketing Law Conference, Chicago Instructor, "Advertising Claims Support: Case Histories and Principles," 2.5-day course for scientists, marketers and lawyers, The Institute for Perception, White Sulphur Springs, W.V "What Happened this Year in Advertising Law and What You Need Know," 34th Annual PMA Marketing Law Conference, Chicago "A 360 Degree View of an NAD False Advertising Challenge: Inside Strategies for Effectively Resolving Advertising Disputes," ACI s 3rd Expert Forum on Litigating and Resolving Advertising Disputes, New York, N.Y "Pulling it All Together," Association of National Advertisers Law and Policy Conference, Washington, D.C Moderator, States Rights & Consumer Wrongs - The States' A.G.'s on Regulatory Enforcement, 33rd Annual PMA Marketing Law Conference, Chicago "Overview of Recent Lanham Act and Consumer Class Action Litigation," Advertising and Marketing Seminar for PMA Business and Legal Affairs Members, New York, N.Y.

4 "Creating Workable and Adaptable procedures for Claim Substantiation: Conference Workshop," ACI s 24th National Advanced Forum on Advertising Law, New York, N.Y Moderator, "State Regulation: Hear Directly from State AGs on What s Hot, and What s Not," 32nd Annual Marketing Law Conference, Promotion Marketing Association, Chicago "Challenges in Claims Substantiation: An Overview," What's New in Comparative Advertising, Claim Support and Self-Regulation, NAD Annual Conference "Challenges in Claim Substantiation," National Advertising Division (NAD) Annual Conference 2010, New York, N.Y Intellectual Property Issues, New York City Bar s CLE program: Understanding & Complying with Sweepstakes, Promotion and Marketing Laws Coordinating and Managing Complex Promotions Using Multiple Media, American Conference Institute s 23rd National Advanced Forum on Advertising Law Strategies for Challenging Your Competitor s False Advertising, ABA Section of Antitrust Law program Moderator, "The Eyes Have It: A Regulatory Regatta," 31st Annual PMA Promotion Marketing Law Conference, Chicago, Ill "Green Marketing: Communicating Environmental Benefits to Effect Change and Sell Product," ABA Section of Antitrust Law -- Consumer Perception and the Law, Georgetown University Law Center, Washington, D.C "Hot Issues in Advertising & Promotions," 14th Annual Conference of the ABA Forum on Communications Law, Scottsdale, Ariz "Green is the New Black: A Guide to Environmental Marketing," 30th Annual PMA Promotion Marketing Law Conference, Chicago, Ill. (PPT) 2008 "Advertising and Promotion for Publishers and Broadcasters," Media Law Resource Center 2008 "Responsible Green Marketing: Complying with Regulations and Guidelines as this Area of Law Continues to Grow," American Conference Institute s Regulatory Summit for Advertisers and Marketers, Washington, D.C Results Not Typical: Consumer Testimonials, The NAD Annual Conference: What's New in Comparative Advertising, Claim Support and Self-Regulation, New York, N.Y. Publications "Year in Review: 2015 Ad Law Developments," Law360 April 2015 Editor, "Self-Regulation of Advertising in the United States: An Assessment of the National Advertising Division," prepared by the Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law "FTC New Year's Resolution: End Deceptive Weight-Loss Ads," Law Co-author, select chapters: New Jersey, New Hampshire, New York, and North Dakota, "Promotion and Marketing Law," Brand Activation Association, Frank T.

5 Dierson, 7th Edition 2011; 8th Edition 2013 Co-author, "False Advertising: Remedies," 2013 Review of Consumer Protection Law Developments, American Bar Association "New FTC Guidelines on Endorsements and Sponsorship Disclosure - Broadcasters and New Media Companies Beware," National Law Review February 2009 "FTC Proposes Major Revisions To Guidelines on Endorsements and Testimonials," MLRC MediaLawLetter, pg (PDF) "Green is the New Black: A Guide to Environmental Marketing," 30th Annual PMA Promotion Marketing Law Conference, Chicago, Ill. (PDF) Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.