BAA's 37th Marketing Law Conference-Walking the Line: Between Innovation and Regulation

This event is over.

Join your colleagues from the nation’s leading brands and law firms at the industry’s most important marketing and advertising law conference. Topics include a deep dive into multiple aspects of digital and social media, consumer reviews, on-time behavioral advertising, big data, native advertising, branded entertainment, COPPA, SAG-AFTRA, celebrity talent and sponsorship deals, all aspects of domestic and global privacy, sweepstakes, contests and games, gift/ loyalty cards, FTC/Keynote, regulated industries (alcohol beverages et al), copyright, trademark and patents, Lanham Act, class actions, COPPA/CARU and FCC, FDA, CFPB and State AG enforcement, sports deals, ambush marketing and Gamification. Advanced practical knowledge from the experts as well as sessions suitable for all levels of practice.

For 2015 we have already 117 committed speakers, including 41 brand legal speakers with 135 brands and 700+ attendees expected , including the cream of the crop of outside counsel and numerous regulators. All attendees receive a 2,000 page Text Reference Takeaway – With The Industry’s Best Networking and Major CLE credits (22 credit hours in NY and California in 2014) including for Ethics!

For questions on speakers, sponsorships, and other matters, please contact Ed Kabak, 212.340.0083 ekabak@baalink.org.

Agenda

TIME	EVENT DETAILS	LOCATION
Monday, November 9, 2015
1:00pm	Registration Opens
2:00pm	Basics Basics of Sweepstakes, Contests & Games with a side bar on Rules Drafting Ross Weisman Partner Kirkland & Ellis LLP	Chicago A/B/C
	Basics of Advertising Law in the Land of Links, Buttons & Clicks Gonzalo Mon Partner Kelley Drye & Warren LLP	Chicago D
	Basics of Privacy, Data Protection & Security Doron S Goldstein Partner Katten Muchin Rosenman LLP	Chicago E
	Ethics Issues, Including re Legal Opinions and Joint-Party Agreements Jeffrey Smith Shareholder Greenberg Traurig LLP	Chicago F/G/H
3:00pm	The Regulated Industries/Intellectual Properties, And Canadian Issues
	The Law of Stimulants - Alcoholic Beverages and the Grass that’s Still Green in the West Co-Moderator, Scott Schleifstein Partner Cohen Silverman & Rowan LLP Co-Moderator, Gina Reif Ilardi Partner Sheppard Mullin Richter & Hampton LLP Rachel Kimbrough SVP, Business & Legal Affairs Lionsgate Entertainment	Chicago A/B/C
	Growing Problem Areas in Canada Moderator, Catherine Bate Partner Miller Thomson LLP Elisa Edlund Sr Attorney International Diary Queen	Denver/Houston/KC
	Copyright in an Electronic Crowd sourced Age Moderator, Brian Fergemann Partner Winston & Strawn LLP Laura Altieri Ass't General Counsel E&J Gallo Winery	Chicago D
	Neither Convoluted nor Diluted; A Review Of Trademark Law in the Advertising and Marketing Arena Gregory G. Bennett Associate Locke Lord LLP	Chicago E
	Sports/Sponsorships/Olympic and Other Issues Moderator, Seth A. Rose Partner Loeb & Loeb LLP Jane G. Pollack Chief Counsel Advertising & Sponsorships Citigroup Inc. Chris McCleary General Counsel United States Olympic Committee	Chicago F/G/H
4:00pm	The Other Agencies The FCC Moves into the Spotlight Christin McMeley Partner Davis Wright Tremaine LLP Ronnie London Counsel Davis Wright Tremaine LLP	Chicago A/B/C
	FDA Interface Moderator, Georgia Ravitz Partner Arent Fox LLP Patrick R. Bilbo SVP, Regulatory, Government Affairs & Administration Organogenesis, Inc. Amanda Vann Faulkner Counsel, Food Law & Advertising Substantiation The Coca-Cola Co.	Chicago D
	California – Florida & State A.G. Enforcement of Privacy in the U.S. Moderator, Ronie Schmelz Counsel Tucker Ellis LLP Patrice Malloy Chief Multi-State & Privacy Bureau, Sr. Assistant A.G., FL Joanne McNabb Dir. of Privacy Education & Privacy Office of the A.G., CA	Chicago E
	Global Privacy and the U.S. EU interface Moderator, Stephen Groom Partner Osborne Clarke LLP Jeanette Fitzgerald EVP, General Counsel & Chief Privacy Officer Epsilon	Chicago F/G/H
5:00pm - 6:00pm	New Challenges
5:00pm	Just What is Going On: The Surge in TCPA Litigation and Opt Out/In Issues Moderator, Terese Arenth Partner Moritt Hock & Hamroff LLP Adam Rubin Senior Vice President, Legal Affairs PrizeLogic William Heberer VP Law, Cable & Communications Cablevision	Chicago A/B/C
	NY State AG: Collaborative Enforcement with Private Industry Moderator, Katherine Winfree Partner Manatt Phelps & Phillips LLP Clark Russell Deputy Bureau Chief, Internet Bureau Office of A.G., NY	Chicago D
	Consumer Review Sites and Reviewing the Reviewers Moderator, John Feldman Partner Reed Smith LLP David Morris Assistant General Counsel Trip Advisor Casey O'Connor Senior Corporate Counsel Yelp Rebecca Griffith Staff Attorney NAD	Chicago E
	When are Gaming Styled Programs Legal? Moderator, Edward Chansky Shareholder Greenberg Traurig LLP Yvonne M. Imbert-Garratón Director, Business & Legal Affairs CBS Interactive Vic Gallo Vice President and General Counsel American Gaming Systems	Chicago F/G/H
6:00pm	Welcome Cocktail Party (Sponsored by Locke Lord LLP)	Grand Salon 3
Tuesday, November 10, 2015
7:00am	Registration Opens
7:15am	Breakfast (Sponsored by Katten Muchin Rosenman LLP)	Chicago Ballroom
8:15am	Welcome Welcome from BAA and Law Co-chairs Bonnie J. Carlson President & CEO BAA Edward Kabak Chief Legal Counsel BAA Kenneth Rubenstein Director, Legal Google Matthew Fitzpatrick Director and Associate General Counsel The Procter & Gamble Company Eric Baum Senior Vice President, Business and Legal Affairs Sony Pictures Entertainment Benjamin Mulcahy Partner Sheppard Mullin Richter and Hampton LLP	Grand Ballroom - 7th floor
8:30am	General Sessions Marketing/Advertising Law Review: Sweepstakes, Contests, Privacy, Disclosure & Digital/Social Media This session will review the leading and most newsworthy developments of the year and what they mean for marketing and advertising lawyers and professionals. Attention will be focused on the FTC revised FAQs for endorsement and testimonial guidelines, new FTC actions involving online reviews, new platforms (such as Periscope & Meerkat), the Michael Jordan case and other key issues. Both the legal and practical effects of these will be carefully considered and close consideration will be given to sweepstakes and skill contests and social and digital media legal issues arising from the latest generation of games and contests. Linda A. Goldstein Partner, Chair Advertising Media and Marketing Division Manatt, Phelps & Phillips LLP	Grand Ballroom - 7th floor
9:25am	Major Technologies and the Law Today and Tomorrow This session will consider selected legal developments related to new technologies used by advertisers and marketers, occurring within the last year. Consideration will be given to the rapid pace of technology and to the response by legislators, regulators, including groups and insurer groups, with new guidelines, laws and enforcement actions. This far reaching session or will review all manner of issues from mobile apps to drone transparency and to home security and automated devices, internet connected cars, to data minimization, notice and choice issues, and insufficient opt-out protocols (NOMI case) with guest appearances. Ken Florin Partner, Loeb & Loeb, Co-Chair‚ Advanced Media; Chair‚ Digital./Soc. Media Loeb & Loeb LLP	Grand Ballroom - 7th floor
10:20am	Coffee Break (Sponsored by Miller Thomson LLP)
10:40am	General Session Cont. Advertising Law 2015 - A Review of the Year’s Key Developments This session treats both the key and commonly faced advertising law issues, and updates select developments. It will take a close look, as brands partner with entertainment and the line between entertainment and advertising becomes even more blurred at the difficult licensing and advertising compliance questions that must be addressed in developing campaigns, the increasing and complex questions of user-generated content. A comprehensive look on where we are going, cutting across statutes, regulatory and self-regulatory guidelines and case law. Moderator, Jeffrey A. Greenbaum Managing Partner Frankfurt Kurnit Klein & Selz, P.C. Martin S. Zwerling Associate Director NAD, ASRC Leslie Fair Senior Attorney Bureau of Consumer Protection, FTC	Grand Ballroom - 7th floor
11:35am	European Vacation: Bringing Your Social Media Campaign to Europe Key guidelines to European local directives/regulations and local law in the areas of social media and data protection. These sessions be presented by a distinguished panel of attorneys from Italy, Germany, France, Poland, and the United Kingdom. The relationship between European directive/regulations and national legislation will be examined and the complexity of various levels of law simplified for the audience from a legal and practical perspective. Moderator, Soren Pietzcker Partner Heuking Kuhn Leur Wojtek (Germany) Brinsley Dresden Partner Lewis Silkin LLP (U.K.) Felix Hofer Partner Hofer Losch Torricelli (Italy) Ewa Skrzydło-Tefelska Partner Soltysinski Kawecki & Szlezak (Poland) Michel Bejot Partner Bernard Hertz- Bejot (France)	Grand Ballroom - 7th floor
12:30pm	Luncheon (Sponsored by GALA (Global Advertising Lawyers Alliance))	Chicago Ballroom
	FTC Keynote The digital revolution has fundamentally altered how companies communicate, engage with, and learn about consumers. While this technological growth has benefitted consumers immensely, it also poses significant challenges for consumer protection. Discussion will include the FTC's upcoming enforcement priorities and how the Commission is tackling issues raised by digital revolution - from Big Data to native advertising to gag clauses to green marketing, and everything in between. Daniel Kaufman Deputy Director Bureau of Consumer Protection, FTC	Chicago Ballroom
1:45pm	General Session Cont. My Refrigerator Just Sent Me Spam: The Internet of Things and the Onslaught of Claims The legal implications associated with all of the connected devices now proliferating or in the works are vast and comprehend claims for product liability when sensors fail, IP and ownership and data licensing rights, and consumer discrimination. With outdated laws and brand new FTC guidelines for best practices, there’s a trip wire of stepping through the labyrinth here, of overlapping and often conflicting legal standards; this session, with leading outside counsel and industry experts, provides the latest in guidelines through the minefield. Moderator, Christin McMeley Partner Davis Wright Tremaine LLP Brenda Pritchard Partner Gowling Lafleur Henderson LLP Simon Krauss Deputy General Counsel Cable Television Laboratories, Inc. Steven Caldwell Senior Counsel,Global Privacy and Digital Media The Procter & Gamble Company	Grand Ballroom - 7th floor
2:40pm	Defending against Actual /Potential FTC and Other Regulatory Investigations This session, with a leading FTC practice expert and the FTC’s Associate Director, Division of Advertising Practices Bureau of Consumer Protection, will present the most experienced professional guidelines on what to do if and when you or your client receives a Civil Investigatory Demand asking for support of your company’s advertising. You will learn what steps to take to minimize harm, and get your business back to generating sales and revenue. Moderator, Amy R. Mudge Partner Venable LLP Mary K Engle Associate Director, Division of Advertising Practices Bureau of Consumer Protection, FTC	Grand Ballroom - 7th floor
3:35pm	Coffee Break (Sponsored by Baker Hostetler LLP)
3:55pm	Breakout Sessions 1 Advertising Litigation-Protecting/Defending Your Brand in the Courts and Beyond Moderator, Norman C. Simon Partner Kramer, Levin, Naftalis & Frankel LLP Everett L Kier III Attorney Exxon Mobil Matthew Fitzpatrick Director & Associate General Counsel The Procter & Gamble Company	Chicago A/B/C
	Concert Tour and other Sponsorships/Promotions & Music Rights Case Studies Moderator, David Ervin Partner Crowell & Moring LLP Tracie Chesterman Senior Director, Intellectual Property Counsel Polo Ralph Lauren Ted Suzuki VP/Deputy General Counsel AT&T/Direct TV	Chicago D
	Negotiating Celebrity Talent and Sports Deals Moderator, Robert Driscoll Partner Davis Wright Tremaine LLP Edward Lance Sr. Counsel McDonald’s Corporation Robert Forbes Assistant General Counsel Washington Redskins Lindsey Orosz VP/Counsel for the Americas WPP Group USA	Chicago E
	Real Time Marketing – Its Legal and Practical Considerations in Social Media Moderator, Joseph Lewczak Partner Davis & Gilbert LLP W. David Hubbard VP and Deputy General Counsel-Marketing Verizon Jorge A. Martinez Assistant General Counsel Intuit Aparna M. Dave Senior Counsel-Intellectual Property Section Wells Fargo	Chicago F/G/H
4:50pm	Coffee Break
5:05pm	Breakout Sessions 2 Determining Infringement Risks In Digital Music Moderator, Brian Murphy Partner Frankfurt Kurnit Klein & Selz, PC Judith Finell Musicologist/Expert Witness	Chicago A/B/C
	Cross-Device Tracking: How It Works, Its Benefits, Privacy and Security Risks and Legal Concerns Moderator, Alan Friel Partner Baker Hostetler LLP Steve Kim Counsel Spotify Kenneth Rubenstein Director, Legal Google	Chicago D
	Important developments in Lanham Act and Consumer Class Action False Advertising Litigation Lawrence I. Weinstein Partner Proskauer Rose LLP	Chicago E
	The Tricky Terrain Of Retail Marketing- Deceptive Pricing, Mobile Tracking and Other Concerns Moderator, Jamie Rubin Partner Information Law Group LLP Matthew Fitzpatrick Dir. & Assoc. Gen. Counsel The Procter & Gamble Company Elizabeth H. Baran Senior Corporate Counsel Dick's Sporting Goods Mark Richardson Corporate Counsel, Merchandising and Marketing Target	Chicago F/G/H
6:00pm	Cocktail Party (Sponsored by Proskauer Rose LLP)	Grand Salon 3
Wednesday, November 11, 2015
7:15am	Breakfast (Sponsored by Kelley Drye & Warren LLP)	Chicago Ballroom
7:20am	Breakfast with the Experts: The Roundtables
	Brand/License (Trademark) Enforcement Under the Lanham Act: Counterfeiting and Bootlegging Brian Bloom Partner Moritt Hock & Hamroff LLP	Chicago Ballroom
	Native Advertising Alan M. Pate Associate Baker Hostetler LLP Tori Chami Counsel American Express
	Top Tips for Stress-Free Marketing in Europe Claire Bouchenard Partner Osborne Clarke LLP	Chicago Ballroom
	Caught in the Social Media Net? Managing Legal Compliance Daniel Cole Associate Gowling Le Fleur and Henderson LLP	Chicago Ballroom
	Tracking Troublesome Technologies Lisa B Dubrow Esq.	Chicago Ballroom
	Update on the Key Legal and Regulatory Controls on Social Media in the U.K. Jo Farmer Partner Lewis Silkin LLP	Chicago Ballroom
	Product Testing Design for Claims Substantiation and Advertising Challenges Alexander Kaplan Partner Proskauer Rose LLP	Chicago Ballroom
	Advertising In Regulated Industries Matthew Kaplan Partner Tucker Ellis LLP	Chicago Ballroom
	Practicalities in Optic Recognition and Other Advanced Technologies in Engaging Consumers Chris McGuire VP/GM Slant Marketing	Chicago Ballroom
	Navigating the FTC's Endorsement Rule Robert H Newman Associate Winston & Strawn LLP	Chicago Ballroom
	Practical Tips for Registering and Bonding a Charitable Promotion Heather Nolan Partner Information Law Group LLP	Chicago Ballroom
	Advertising and Product Safety/CPSC and Other agencies Laura Walther Counsel Crowell & Moring LLP	Chicago Ballroom
	Conducting a Telemarketing and Texting Campaign Adam Solomon Partner Michelman and Robinson LLP	Chicago Ballroom
	Risks and Opportunities in the World of Fantasy Sports Jay Newman Partner Fish and Richardson PC	Chicago Ballroom
	Improving Legal/Marketing Coordination for Advertising and Promotional Campaigns Meredith Levins Legal Counsel SanDisk	Chicago Ballroom
	Puerto Rico Regulation On Sweepstakes, Contests, Endorsements & Privacy Luis Vivoni Attorney at Law Vivoni Law Firm	Chicago Ballroom
	Marketing Green Claims Phyllis Marcus Counsel Hunton & Williams, LLP	Chicago Ballroom
8:20am	Opening Remarks Edward Kabak Chief Legal Officer BAA	Grand Ballroom - 7th floor
8:30am	General Sessions The Latest Legislative & Regulatory Challenges An innovative, creative, and entertaining presentation that will speak to what is permeating advertising, media and marketing today – disruption. The session will address the critical legal issues shaping brand activation today including shopper, experiential and promotion marketing. Keith Scarborough S.V.P., Government Relations ANA	Grand Ballroom - 7th floor
9:10am	Interplay of Marketing & Advertising Law to Activate Brands Ronald Urbach Chairman Davis & Gilbert LLP	Grand Ballroom - 7th floor
10:05am	Hot Issues On the Key Social Media Platforms This session, with both outside counsel and major brands/social media businesses represented, surveys all the key issues on social media including advertising, privacy and IP questions, and games and contests. Consideration will also be given to the manifold platform rules of key social media platforms. Moderator, Brian Heidelberger Partner Winston & Strawn LLP Eric Fleisig-Greene Associate Director, Legal Twitter Megan Duffy Privacy Counsel Snapchat, Inc. Joe Khanna VP, Managing Counsel/Marketing & Communications MasterCard Worldwide	Grand Ballroom - 7th floor
11:05am	Coffee Break (Sponsored by Kilpatrick Townsend Stockton LLP)
11:20am	General Sessions Cont. PRIVACY BY DESIGN: What it Means in an Age of Mobile Marketing and Big Data This session presents a comprehensive understanding of what big data means and how its technologies permit the processing and analysis of disconnected data sets to identify meaningful correlations; these result in good predictive analysis and automated decision making. Big data may improve corporate predictability, efficiency and financial resources as well (at the government level) public policy decisions and innovation. Big data also has implications for privacy by design, and the many stake holders in the current legislation or regulatory climate for laws and regulations relating thereto. This session contemplates the challenge of big data, and the need perhaps for new standards recognizing the importance big data can play. Alan Sutin Shareholder Greenberg Traurig LLP Kerry L. Childe Sr. Corp Counsel,Privacy/Info.Policy Best Buy Enterprise Services ,Inc.	Grand Ballroom - 7th floor
12:15pm	Luncheon Keynote - Crossing the Line: Conflicts between Creative and Legal George Leon EVP, Worldwide Consumer Marketing Sony Pictures Entertainment Eric Baum SVP, Business and Legal Affairs Sony Pictures Entertainment	Chicago Ballroom
1:15pm	Dessert (Sponsored by Arent Fox LLP)	Grand Ballroom Foyer, 7th Floor
2:00pm	Breakout Sessions 1 Children's Advertising Co-Moderator, Barry Benjamin Partner Kilpatrick, Townsend & Stockton LLP Co-Moderator, Allison Fitzpatrick Partner Davis & Gilbert LLP Joseph A Sena Jr. Associate Marketing Counsel Campbell Soup Company Katie Goldstein Senior Staff Attorney Children's Advertising Review Unit Council of BBB	Chicago A/B/C
	Programmatic Buying- The Legal Issues with Data Providers, DSP’s and the Public Moderator, James Taylor Partner Loeb & Loeb LLP Brett Celedonia Sr. Counsel, Digital Media, Advertising & Marketing Netflix Jason Logue Sr. Counsel RE:Sources USA/Publicis	Chicago D
	Esports, Extreme Sports and their Sponsorships, Promotions and Advertising Moderator, Benjamin Mulcahy Partner Sheppard, Mullin, Richter & Hampton LLP Elizabeth Baker General Counsel Twitch Interactive Todd Jascott Legal Counsel Red Bull North America, Inc	Chicago E
	Food Laws - The last Bite is The Lawsuit Moderator, Kimera Hall Member Frost Brown Todd LLP Sharon E. Kohn Chief Counsel, Marketing Services Kraft Foods Brandi Van Leeuwen Senior Counsel Meijer Penelope J Barnett Associate General Counsel, Food Law/Product Compliance The Dannon Company, Inc.	Chicago F/G/H
2:55pm	Coffee Break
3:15pm	Breakout Sessions 2 Navigating Rights Clearance and Native Advertising Moderator, Rick Kurnit Partner Frankfurt Kurnit Klein & Selz, PC Steven Weissman Vice President & Deputy General Counsel Time Inc. Ellie Boragine Vice President and Chief Advertising Counsel American Express	Chicago A/B/C
	Mobile Marketing Developments Moderator, Marc Roth Partner Manatt, Phelps & Phillips LLP Ira Schlussel SVP and General Counsel HelloWorld Kelsey Joyce Senior Director Legal, T-Mobile USA C. Lee Peeler President & CEO (ASRC) & EVP, National Advertising (CBBB) Advertising Self-Regulatory Council & Council of Better Business Bureau	Chicago D
	SAG-AFTRA Developments Douglas J. Wood Partner Reed Smith LLP Kimberly Stevens Director, Industry Relations Joint Policy Committee on Broadcast Talent Relations	Chicago E
	The Tricky Business and Law of Loyalty Programs – Gift & Stored Value Cards Moderator, Melissa Landau Steinman Partner Venable LLP Eric J Anderson Associate General Counsel, Marketing and Advertising Sears Holdings Management Corporation Helen Wu Manager Commercial, IP and Advertising Counsel Jet Blue	Chicago F/G/H
4:10pm	Conference Adjournment

Cancellation Policy and Notes

Single ANA member and nonmember conference registrations can be cancelled in writing only via email (registration@ana.net). Phone cancellations are not accepted. A 50 percent refund will be granted, if written request for cancellation is received by email 60 calendar days before the conference start date (on or before September 9, 2015). No refunds will be granted for any cancellations received after September 9, 2015 or for "no shows." Unused registrations/applications have no monetary value and cannot be credited to future years or events. ANA will not issue refunds or credits due to failure to redeem a discount coupon during the registration process. A $125 processing fee will be assessed to change the name on a registration. Hotel room cancellations must be sent directly to the hotel. Please contact the hotel for further details.

Miscellaneous:
     1. The conference agenda is subject to change.
     2. A portion of your guest room rate will be used to offset conference costs.
     3. ANA accepts no responsibility for the loss of, or damage to, personal property.
     4. Registrations received after February 18, 2015 may not be included in the attendee list.