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Loeb & Loeb LLP

321 NORTH CLARK STREET, SUITE 2300, CHICAGO, IL 60654, USA
Tel:
Work +1 312 464 3100
Fax:
Fax +1 312 464 3111
Web:
www.loeb.com
Beijing, Chicago, Hong Kong, Los Angeles, Nashville, New York and 1 more

Monique Bhargava

Tel:
Work +312 464 3358
Email:
Loeb & Loeb LLP

Work Department

Advanced Media & Technology

Position

Partner

Career

Monique (“Nikki”) Bhargava advises brands, advertising agencies, media and technology companies in all aspects of their business, including marketing and product claims, digital media, sponsorships, content and IP licensing. She also focuses on the convergence of advertising and emerging technology, helping clients navigate unique issues in new media, mobile marketing, social media, adtech and user-generated content. 

In addition, Nikki assists clients in identifying and managing privacy and data security risks. She works with clients to navigate the rapidly evolving landscape of U.S. privacy laws such as the California Consumer Privacy Act of 2018, as well as global data protection laws (including GDPR). Nikki regularly assists clients in developing data use and protection 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, restaurants, pharmaceuticals and OTC, financial services, advertising, media (including broadcast, print, and digital), technology and sports.

Armed with practical and business-minded solutions, Nikki works with clients to achieve their goals while managing legal risks in the following areas:

  • Advertising: Claim substantiation, advertising and rights clearance, state and federal regulation, intellectual property issues (copyright, trademark, rights of privacy and publicity), agency/client contracts, media and adtech agreements, content licensing, talent and production contracts, social media, union issues, children’s advertising, network clearance, and sponsorships. 
  • Data Privacy and Security: Domestic (CCPA, GLB, COPPA, CAN-SPAM, FCRA, HIPAA, security breach notification laws, and other U.S. state and federal privacy and cybersecurity requirements), and international compliance (EU, LatAm, APAC), cross-border transfers, online behavioral advertising, use and monetization of “big data”, mobile privacy, 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, event activation, 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. 

Education

University of Illinois College of Law, J.D.magna cum laude
University of California at Berkeley, B.A.


United States: Media, technology and telecoms

Advertising and marketing: transactional

Within: Advertising and marketing: transactional

Fielding an interdisciplinary team based across the firm's New York, Chicago, Los Angeles, Nashville and Washington DC offices, Loeb & Loeb LLP combines media, technology, data and regulatory expertise in marketing and advertising matters. The team's impressive client roster includes Toyota, Comcast Cable Communications and Visa. In a recent work highlight the practice assisted the latter with negotiations with the International Olympic Committee to extend its Olympic sponsorship for another 12 years. Noteworthy is also the firm's advice to Amazon on mobile marketing and text messaging promotional campaigns, including advising on the Telephone Consumer Protection Act (TCPA); the matter is led by Brian Nixon, intellectual property expert Melanie Howard (both in LA) and New York-based David Mallen. Chicago-based Seth Rose is advising T-Mobile USA on celebrity talent and endorsement deals and sponsorship arrangements. In addition to acting for prominent brands, the team also assists leading agencies, such as several Publicis Groupe agencies. Kenneth Florin and James Taylor in New York and Nathan Hole in Chicago jointly head the practice which was bolstered by the additions of Chicago-based partners Brian Heidelberger, Monique Bhargava and Robert Newman from Winston & Strawn LLP in May 2018.

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Cyber law (including data privacy and data protection)

Within: Cyber law (including data privacy and data protection)

Loeb & Loeb LLP’s practice is jointly led by New York-based Ieuan Jolly and Jessica Lee as well as Chicago’s Robert Newman, who joined the team with Monique Bhargava from Winston & Strawn LLP in May 2018. Jolly and Lee have been advising advertising and public relations companies as well as Regeneron Pharmaceuticals on their respective GDPR compliance projects, while Newman has been assisting clients with consumer data collection use and technological innovations. The chair of the New York-based advanced media and technology practice James Taylor is also well versed in data privacy and data protection work.

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Media and entertainment: transactional

Within: Media and entertainment: transactional

Loeb & Loeb LLP's media and entertainment practice boasts experience which spans the motion picture, music, theater, reality television and emerging technology sectors. In recent work highlights, the team assisted Alcon Television Group with an agreement with Amazon to pick up the fourth season of The Expanse and advised Annapurna Pictures with the formation of its joint venture with MGM and a $350m senior secured revolving credit facility with JP Morgan Chase Bank. Los Angeles-based Scott Edel, who jointly heads the team alongside Roger Arar in New York, led the advice to Tencent Pictures regarding its agreements with Skydance Media, Paramount Pictures and Twentieth Century Fox in connection with the financing and distribution of The Terminator sequel. Key names to note include Ivy Kagan Biermaem in Los Angeles for employment work; New York-based Marc Chamlin, who counts Oprah Winfrey and actress Glenn Close among his clients; John Frankenheimer and Debra White, who are based in Los Angeles and New York respectively, for music industry transactions; and New York-based partners Carol Kaplan and Stefan Schick for theater work. Following several departures to Paul Hastings LLP, the team benefits from the arrivals of Paul Swanson in Los Angeles from Irell & Manella LLP, and three Chicago-based partners from Winston & Strawn LLP, including advertising experts Brian Heidelberger and Monique Bhargava, and data and privacy lawyer Robert Newman.

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Outsourcing

Within: Outsourcing

Loeb & Loeb LLP’s 'smart and accommodating' practice group handles outsourcing matters in various industry sectors, including the healthcare, education, retail and software sectors. New York-based practice head Kenneth A. Adler and Chicago-based Alison Pollock Schwartz advised Northwell Health on the renegotiation and restructuring of legacy IT outsourcing engagements, while New York-based Akiba Stern and Washington DC-based Neil Lefkowitz assisted Claremont Graduate University with an outsourced program management agreement with Noodle Partners, which aims to provide an online degree program in information security. Similarly, the team advised the education services provider Evidence in Motion on an outsourced program management agreement with Baylor University for a physical therapy education program. Also in 2018, the Chicago office welcomed Brian L. Heidelberger, Robert H. Newman and Monique N. Bhargava, all of whom joined from Winston & Strawn LLP. New York-based associate Benjamin B. Kabak is another name to note.

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