The New Legal Landscape of Digital Advertising in California

(283 Ratings)

Produced on: January 13, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 91 minutes
Difficulty Intermediate

Digital advertising has changed the nature of how companies connect with their customers. Social media and related tools — native advertising, the use of hashtags, and the shift to interacting through mobile devices — have given rise to a host of new legal challenges and corresponding risks.

This course, taught by Cobalt Law LLP Partners Tsan Abrahamson and Nate Garhart, provides an overview of the issues in this area facing brand owners. The speakers also provide practical advice for mitigating risk as companies expand their marketing into this new landscape. Some of the subjects that will be covered include: Hashtags (how to properly use them and avoid confusion or misleading advertising), Native Advertising, Raffle Laws, the California Eraser Law and California Privacy Act, the Telephone Consumer Protection Act, and the role of Testimonials and Endorsements in advertising.

Learning Objectives: 

  1. Articulate the myriad legal issues that affect business owners using digital advertising techniques
  2. Understand how to properly utilize hashtags, testimonials, and endorsements
  3. Advise clients on the interaction between Federal and California-specific laws and regulations

Faculty

Nate Garhart

Cobalt LLP

Nate Garhart understands that his role is to help his clients get the job done. Whether he’s registering trademarks that represent the business, protecting copyright assets of the business, or negotiating any of various agreements that are necessary for the business, he knows that his job is to enable the client to do its job – not hold things up.

Nate also works with clients on their advertising, marketing, and other promotional activity transaction needs, similarly helping ensure that all necessary rights have been considered and the risks associated with any given activity have been explored, understood, and minimized.

Whether he’s working with a high-tech startup, a public company, or a nonprofit entity, Nate’s expertise helps his clients ensure that they are protecting and securing their intellectual property and other rights as intended.

Nate is a member of the California and New York State Bars, as well as the American Bar Association. He served as Chair of the Intellectual Property Section of the Barristers Club for the San Francisco Bar Association. He is also a member of the International Trademark Association and the Copyright Society of the USA and is a frequent speaker on trademark and copyright issues for groups such as the Practicing Law Institute and the American Bar Association. Recently, he also presented on intellectual property issues in social media. During law school, Nate was Research Editor for the Duke Journal of Comparative and International Law.

Nate has served on the boards of various nonprofit organizations, including the California Autism Society and the Tel-Hi Neighborhood Center, which provides cultural and educational activities for the community in the North Beach, Chinatown, and Fisherman’s Wharf neighborhoods in San Francisco.

Nate also volunteers with the National Ski Patrol and is currently on the patrol at the Northstar California resort in the Lake Tahoe area.

Special Expertise

  • Trademark prosecution and disputes;

  • Licensing;

  • Copyright registration and enforcement;

  • Contract drafting and negotiation.

Education

  • University of Pittsburgh: Bachelor of Arts, English, with honors, 1993;

  • Duke University: Juris Doctor, cum laude, 1996.



Tsan Abrahamson

Cobalt LLP

Tsan Abrahamson’s practice focuses on strategic counseling in the areas of social media, sweepstakes, intellectual property, advertising, trademark clearance, trademark and copyright prosecution, licensing, and other business transactions. She also manages the adverse proceedings practice at the U.S. Patent and Trademark Office Trademark Trial and Appeal Board.

Tsan has an extensive practice in the area of marketing promotions, including social media promotions, such as on Facebook and Twitter, gift card and gift certificate marketing, print and online sweepstakes, contests, give-aways, warranties, rebates, and coupon promotions. She also advises on corresponding privacy issues related thereto.

Tsan’s advertising practice includes working with regulatory agencies to comply with federal guidelines, including new FTC guidelines regarding affiliate marketing, CAN-SPAM. and the Deceptive Mail Prevention and Enforcement Act. She also advises on ad campaigns, including script review, storyboard clearance, and network media placement.

Tsan also has special expertise in children’s marketing issues, including promotions and claim substantiation, COPPA compliance, and advertising to children in print and television media. She has been a SuperLawyer since 2009, and is in Who’s Who Legal for her expertise in Internet and E-commerce matters. She was inducted into the American Law Institute in 2007.

In addition to her advertising and promotions work, Tsan has successfully prosecuted and defended thousands of trademarks with the U.S. Patent and Trademark Office and internationally, including difficult sound and sensory marks and design marks. She has registered hundreds of copyrights at the U.S. Copyright Office and overseas.

Tsan’s professional affiliations include the International Trademark Association, the Brand Activation Association, and the American Bar Association. She is an adjunct professor of law at USF School of Law.

Prior to Cobalt LLP, Tsan was worldwide intellectual property and licensing counsel for LeapFrog Enterprises, Inc. She also practiced for 7 years with the San Francisco firm of Cooley Godward Kronish (formerly Cooley Godward), where she represented video game makers, online auction houses, pharmaceutical companies, and numerous other large companies. Tsan also spent 8 years as a chef.

Special Expertise

  • Contest and Sweepstakes

  • Trademark Trial and Appeal Board

  • Children’s Privacy

Education

  • Dartmouth College, A.B. (Psychology and Religion), 1985

  • UCLA School of Law, J.D., 1996

  • The Anderson School at UCLA, M.B.A. 1994


Tsan’s professional affiliations include The American Law Institute, the International Trademark Association (INTA), The American Bar Association, the Promotions Marketing Association, the Mobile Marketing Association, The Fellows of the American Bar Foundation, the American Intellectual Property Law Association, the Dartmouth Lawyers’ Association, and the Children’s Advertising Review Unit. Locally, she is a member of the Bar Association of San Francisco, Alameda County Bar Association and the Berkeley-Albany Bar Association. She is on the board of trustees for the Developmental Studies Center.

Tsan has been an adjunct professor at USF Law School where she teaches upper division seminars. She also speaks publicly in the areas of children’s marketing, advertising, trademarks, and internet matters.

Tsan completed her undergraduate work at Dartmouth College, and received both her JD and MBA from the UCLA School of Law and The Anderson Graduate School of Management, respectively. She is recognized by Strathmore’s Who’s Who for leadership and achievement in the law, and has been selected as a California Super Lawyer.

Tsan has also been a featured lecturer with ALI-ABA, AIPLA, the Promotions Marketing Association, and the American Bar Association. When she’s not in the office, she’s carving telemark turns and searching for good wine, not always in that order.



Reviews

GC
Gerald C.

Thanks

DD
Dave D.

Excellent

SL
Sarah L.

Very informative and timely presentation! The case law examples were also very helpful and interesting.

AK
Alexia K.

Very informative and up to date Info.

EH
Erin H.

Presenters were great; enjoyed case examples throughout - good teaching technique.

JM
Joe M.

Great presentation!

LH
Linda H.

very good

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$89

$ 89 Business, Corporate, & Securities Law and Advertising Law In Stock

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