Brendan J. Healey

Partner

 

EDUCATION:

J.D., New York University School of Law – 1997

A.M., Stanford University – 1989
A.B., Stanford University – 1988

 

EXPERIENCE:

A former in-house counsel at Tribune Company (Senior Counsel, Media & Promotions) and American Media (Deputy General Counsel, Media), Mr. Healey has practical experience dealing with the issues clients face, particularly with regard to marketing and advertising law, media law, and litigation.

 

Mr. Healey has extensive experience counseling clients regarding various aspects of marketing law, including sweepstakes, skill contests, loyalty programs, daily deals, sponsorships, advertising clearance, advertising terms and conditions, free offers, rebates, coupons, and premiums. Mr. Healey has been involved in the drafting and revising privacy policies and in ensuring compliance with privacy policies and laws as well as other data governance issues. He has worked on numerous types of agreements relating to operational aspects of a business, particularly in the digital space, including software as a service agreements, technology licensing agreements, technology consulting agreements, remnant advertising agreements, ad network agreements, e-commerce agreements, and content licensing. Mr. Healey also has counseled clients on various regulatory regimes, such as CAN-SPAM, HIPAA, COPPA, CalOPPA, Shine the Light, and various FTC guidelines. Mr. Healey was an Adjunct Professor of Advertising Law (four years) and Legal Writing for the IP Practice (seven years) at the John Marshall Law School. He currently serves as the co-chair of the Media Law Resource Center’s Advertising and Commercial Speech Committee.

 

As a media lawyer, Mr. Healey has done pre-publication review of stories and scripts, litigated media cases, and counseled clients on right of publicity issues as well as copyright and trademark issues. Mr. Healey has handled numerous Freedom of Information Act matters, at the state and federal level, during the administrative process and through trial.

 

A member of the Trial Bar for the Northern District of Illinois, Mr. Healey is also an experienced litigator. He has defended media and non-media clients in defamation lawsuits, He helped secure the dismissal of all claims in a defamation/false light case against a local newspaper, and he helped win summary judgment on a different defamation claim against the same newspaper. In 2006, he participated in a multi-week defamation trial. Mr. Healey second-chaired a successful jury trial in which Mandell Menkes’ client prevailed on plaintiff’s claim and upon its counterclaim. Mr. Healey has also arbitrated a breach of contract case before the National Association of Securities Dealers and a breach of contract/fraud case before the American Arbitration Association.

 

Mr. Healey graduated with Honors & Distinction from Stanford University and was an Articles Editor for the New York University Law Review. He clerked for the Honorable Boyce F. Martin, Jr., Chief Judge of the United States Court of Appeals for the Sixth Circuit. Prior to joining Mandell Menkes, he was awarded Sidley Austin Brown & Wood’s 2001 Thomas H. Morsch Pro Bono Award.

 

Mr. Healey is admitted to practice in Illinois, the United States District Court for the Northern District of Illinois, the United States Court of Appeals for the Sixth Circuit, and the United States Court of Appeals for the Seventh Circuit.

 

He frequently has written and spoken on various aspects of media and marketing law:

 

Media Publications & Presentations

  • Speaker, 2015 Investigative Reporters & Editors Chicago Watchdog Workshop, “FOI and Open Records”
  • Facilitator, 2014 ABA Forum on Communications Law Annual Conference “Hot Issues in Libel and Privacy”
  • Co-author of the Illinois chapter of the Media Law Resource Center’s 50-State Survey of Media Privacy and Related Law for 2004-05, 2005-06, and 2006-07 (co-author)
  • Co-author of the “Cameras in the Courts” and “Right to Privacy” chapters of the Illinois Press Association’s Media Law Handbook
  • Co-author of numerous articles in the Media Law Resource Center’s monthly MediaLawLetter
  • Speaker on the Freedom of Information Act at a 2008 conference on “What You Need to Know About Public Records and Open Meetings in Illinois”
  • Faculty member, 2008 ABA Forum on Communications Law Media Advocacy Workshop
  • Co-author of the Illinois Press Association’s Illinois Media Law updates for 1997, 1998, and 1999-2000Marketing Publications & Presentations
  • Speaker, 2015 PLI Advertising Law Institute “Marketing in a Digital World: Structuring Rebates, Coupons and other Pricing Offers”
  • Speaker, 2014 PLI Advertising Law Institute “Have I Got a Deal for You: Structuring Rebates, Coupons and other Pricing Offers”
  • Speaker, 2013 PLI Advertising Law Institute “Let’s Make a Deal: Effectively Structuring Rebates, Coupons and other Pricing Offers”
  • Panelist, 2013 Media Advertising Technology: Chicago “Privacy Best Practices for Mobile App Marketing”
  • Facilitator, 2013 ABA Forum on Communications Law Annual Conference “Hot Issues in Advertising and Promotions”
  • Facilitator, 2012 ABA Forum on Communications Law Annual Conference “Hot Issues in Advertising and Promotions”
  • Speaker, 2012 PLI Advertising Law Institute “Priced to Sell: Structuring Rebates, Coupons and other Price Offers”
  • Panelist, ABA Section of Intellectual Property Law, Committee on Promotion & Marketing Law 2012 “Emerging Technology & the Impact on Marketing and Promotions Roundtable”
  • Panelist, 2012 ABA Webinar “Social Media, Data Privacy, Online Gambling and Other Hot Topics in Advertising & Promotions”
  • Speaker, 2012 Legal Risks in Emerging Technologies Conference “Identifying the Legal Risks of Sweepstakes, Contests and Promotions and the Effects they have on Social Media Platforms”
  • Panelist & Chairperson, 2011 ACI Focus on Sweepstakes, Contests & Promotions “When Good Ideas Go Wrong: Sharing War Stories and Sweepstakes Disasters”
  • Panelist, ABA Section of Intellectual Property Law, Committee on Promotion & Marketing Law 2010 “Social Networking Roundtable”
  • Contributor of New York, New Jersey, New Mexico and North Dakota chapters ofPromotion Marketing Law published by the Promotion Marketing Association
  • “Gasoline Promotion Laws” Published in the Promotion Marketing Association’s 2008 Law and Forms Guidebook
  • “Protection for minors or minor Protection? An update on Utah and Michigan’s New Child Protection Registries” Published in the Promotion Marketing Association’s 2006 Law and Forms Guidebook