Monique (“Nikki”) is a partner in the Advertising section of Reed Smith’s Entertainment & Media group. Nikki is also co-lead of the Artificial Intelligence group within Reed Smith’s Emerging Technologies practice. Nikki focuses on the convergence of advertising, privacy and emerging technology, helping clients navigate compliance and legal risks relating to their advertising, media, technology, and data initiatives, including the development, implementation, and use of artificial intelligence technologies, digital marketing and content, social media, adtech, and martech. She supports consumers brands, advertising agencies, publishers, and media and technology companies in all aspects of their advertising, marketing, and media initiatives, as they innovate to drive consumer engagement.
In addition, Nikki works with clients to navigate the rapidly evolving landscape of domestic and international privacy laws. She regularly assists clients in developing data use, protection and monetization strategies by evaluating and optimizing data practices, developing internal and external policies, conducting privacy assessments, and drafting / negotiating data privacy related agreements.
Nikki’s clients span a wide array of industries, including food and beverage, retail, automotive, consumer packaged goods, media and technology (including publishers, broadcast, print, and digital), sports, pharmaceuticals and OTC, and financial services.
Armed with practical and business-minded solutions, Nikki works with clients to achieve their goals while managing legal risks in the following areas:
Artificial Intelligence: Development of AI governance processes, including related principles, policies, assessments and operating guidance, compliance with emerging AI regulation for developers and deployers, assisting with risk assessments, advising on use of data for training and fine-tuning, including licensing, data protection and monetization, IP risks, bias, and transparency, and transactional matters including licensing of AI systems.
Advertising: Design and implementation of omni-channel advertising campaigns, virtual and live events and sponsorships, adtech and martech solutions and contracting, utilization of new media and technologies in promotions and digital marketing, endorsements and influencer marketing, claim substantiation, state and federal industry specific regulation, intellectual property issues (copyright, trademark, rights of privacy and publicity), agency/client contracts, talent and production contracts, union issues, and children’s advertising.
Data Privacy and Security: Enterprise-wide privacy compliance programs with domestic and international privacy laws and regulations (including, CCPA, CPRA, CDPA, COPPA, GDPR, TCPA), implementation of new marketing technologies using AR, AI, and VR, interactive and digital advertising privacy regulation, use and monetization of “big data”, issues in personalized and wearable technologies, cross-device data collection and use, and data breach preparedness and response.
Marketing and Promotions: Consumer incentive and loyalty programs, sweepstakes and contests, gift cards, rebates telemarketing, cause marketing campaigns and other popular marketing devices. She also assists clients in negotiating and managing strategic marketing partnerships, including co-branding partnerships, product placements and sponsorships in various media and properties, including television, film, festivals, and sporting events.
Technology and E-Commerce: Website and mobile development, including transactional agreements, software and platform licensing, end-user license agreements, and other consumer facing policies. She also advises clients on E-Commerce strategies, including vendor and payment provider agreements, product quality and safety matters, and marketing integrations.
Trademark, Domain Name, and Brand Protection: Trademark clearance for branding and advertising purposes, domain name and gTLD management and enforcement, asset licensing and protection strategies, as well as trademark portfolio management and enforcement.
Advertising and IP Disputes: Advertising litigation, including federal, state, and local regulatory investigations, as well as NAD matters. She also counsels brands and agencies on contract and intellectual property disputes.
Nikki is a frequent speaker at industry and bar association conferences and has published a number of articles on advertising and privacy topics.
Outside of the office, Nikki has served as an adjunct professor at the University of Illinois College of Law, where she has taught advertising and promotions law. She is committed to pro bono service and volunteers for the Domestic Violence Legal Clinic and serves on the Board of Directors of Chicago Volunteer Legal Services. She is also an active member of several national and local organizations focused on the development and advancement of diverse talent in the legal profession.