Online Behavioral Advertising and Targeting (Update)

Robert Newman is a partner in the advertising, marketing, and privacy law group who concentrates his practice on counseling clients in marketing, e-commerce, privacy, and intellectual property matters. Mr. Newman advises clients in a broad range of industries on all aspects of their communications with the public, the commercialization and enforcement of their intellectual property portfolios, and litigation risk avoidance in connection with intellectual property, marketing, and emerging technologies. 

Mr. Newman handles:

• Advertising, Marketing and Promotions: Advises on advertising clearance matters for traditional and interactive advertising campaigns and counsels clients on consumer protection matters, the design and implementation of promotions, and various new media matters, including social media, text message marketing, and user-generated content.
• Data Privacy and Security: Counsels on compliance with privacy and data security laws and regulations, including with respect to e-mail and mobile marketing, behavioral advertising, and marketing to children. Mr. Newman frequently handles responses to high profile data breaches and assists clients in the assessment and development of internal data privacy and security policies and procedures.
• Trademarks and Brand Protection: Counsels on the selection and availability of trademarks, assists with the development of branding strategies, handles trademark prosecution, and manages trademark portfolios for clients in a broad range of industries. Mr. Newman also advises on domain name strategies and new gTLD matters.
• Talent, Music, and Entertainment Matters: Negotiates music and content licenses and high-level talent agreements for use in advertising and branded entertainment. Mr. Newman also counsels content creators and content providers on the protection and commercialization of their music, literary, and other creative properties. 
• IP Transactions, Licensing, and E-Commerce: Advises on intellectual property matters associated with mergers, acquisitions, and other significant corporate transactions. Mr. Newman routinely counsels clients on software and mobile application development matters, end-user licenses, application service provider agreements, and software licensing matters.
• IP Disputes and Litigation: Handles false advertising, copyright, trademark, domain name, defamation, right of publicity, and unfair competition disputes and litigation. Mr. Newman also handles UDRP proceedings and matters before the National Advertising Division and the Trademark Trial and Appeal Board.
• Mr. Newman received a B.A. from the University of Illinois at Urbana-Champaign in 2003. He received a J.D. and Intellectual Property Certificate from the Chicago-Kent College of Law in 2006.

Activities

Since 2010, Mr. Newman has served as a chair of the American Bar Association’s Internet and Privacy Subcommittee and he currently serves as a vice chair of the ABA’s Trademark Legislation Committee. Mr. Newman is also the former chair of the ABA’s Trademark Transactions Committee and former Annual Review Vice-Chair of the ABA’s Copyright Division.

Mr. Newman is an adjunct faculty member of The John Marshall Law School’s Center for Intellectual Property, Information & Privacy Law. This fall, he will be teaching a course on behavioral tracking and targeting.

Mr. Newman is a member of the International Association of Privacy Professionals, the Brand Activation Association, the International Trademark Association, and The Recording Academy.

Publications

Mr. Newman has co-authored numerous works in the marketing and e-commerce sectors, including:

• “Providing Notice After a Data Breach, 10 Steps to Take” Law360 (2014)
• “Top Tips for Managing Keyword Advertising Risks in a Changing Legal Landscape,” INTA Bulletin (2012)
• “Five Steps to Protect Your Trademarks in the Web 2.0 World,” INTA Bulletin (2010)
• “Social Networking and Blogging: The New Legal Frontier,” The John Marshall Law School Review of Intellectual Property Law, John Marshall Law School. 9 J. Marshall Rev. Intell. Prop. L. 500 (2009)
• “Paying for the Mistakes of Others: Retailer Liability for False Advertising Claims,” Washington Legal Foundation (2009)
• “The Role of Disclaimers in Avoiding Trademark Infringement,” INTA Bulletin (2009)

Mr. Newman also routinely speaks on marketing, e-commerce, and privacy matters. His recent speaking engagements include:

• “Into the Breach: Prepare, Prevent, Recover,” International Legal Technology Association Conference (Nashville 2014)
• “Songs for Sale: Music Licensing for Advertisers,” PLI Advertising Law Institute (San Francisco and Chicago 2014)
• “January 2014 Legal Update,” Brand Activation Association Government & Legal Affairs Council (2014)
• “Privacy, Data Security, and Proprietary Controls,” When Worlds Collide: Emerging Intersection in Privacy, Information Access, and Intellectual Property Conference (Chicago 2013)
• “Challenging Unfavorable ICANN Decisions,” Strafford (2013)
• “Mobile Targeting and Tracking Regulation,” Practicing Law Institute (2013)
• “Get Ahead of the Curve in Handling Emerging Marketing Techniques,” Practicing Law Institute (New York 2013)
• “User-Generated Content in Corporate Transactions,” Vanderbilt University Law School (Nashville 2007)