2016 ANA/BAA Marketing Law Conference

Registration Opens

Basics of Promotion, Sweepstakes, Contests and Gaming/Fantasy Sports

This session will provide an introduction to sweepstakes and skill contests. It will include the key legal issues and the vocabulary you’ll need to best understand the rest of the conference.  Also covered will be the rules and requirements for these types of promotions.

Ross Weisman

Partner Kirkland & Ellis LLP

Basics of Advertising: A Fresh Spin on Proof, Disclosures and Social Media

This session will cover important principles of advertising law. These principles will include when you need to prove your claims, what type of proof is required, how to make disclosures and how these principles apply in social media. In addition, it will cover options for challenging your competitors when they step out of line. If you’re new to advertising, this session will give you the information you need to put later sessions into context. Even if you’ve been doing this for a while, this presentation will put a fresh spin on important topics.

Gonzalo Mon

Partner Kelley Drye & Warren LLP

Basics of Privacy, Data Security and Forensic Investigations

Led by a leading cyber security and privacy industry expert, this session will provide an overview of data security and privacy issues that exist. You will learn how to identify data security and privacy issues, how to prepare a data breach response plan, and how to respond to a data breach.

Brian J. McGinnis

Partner Barnes and Thornburg LLP

Ethics for Lawyers

John P. Sahl

Professor University of Akron Law School

Mobile Marketing

Co-Moderator: Jessica Lee

Associate Loeb & Loeb LLP

New Strategies & Issues Negotiating the Agency/Client Agreement

Moderator: Robert Driscoll

Partner Davis Wright Tremaine LLP

Basics of Consumer Fraud Class Actions

This session will provide an overview of the basic principles of consumer fraud class actions concerning false advertising claims. There will be a particular focus on strategies to defend against, and defeat these cases at various stages of litigation - from motion to dismiss phase, through discovery and class certification. 

Eileen Patt

Associate Kramer Levin Naftalis & Frankel LLP

The Explosion in TCPA Litigation on the Heels of FCC & Spokeo

TCPA litigation is at an all-time high on the heels of the FCC's July 2015 Ruling and the Supreme Court's Spokeo decision. This session will review some of the most important TCPA case developments, as well as discuss recent enforcement trends. This session will also provide key takeaways for marketing teams in contacting consumers via text messages, mobile apps and other communications.

Moderator: Terese Arenth

Partner Moritt, Hock & Hamroff LLP

Third Party Rights: Acquisitions, Creative, Licensing and Network Clearances

Moderator: Robert Newman

Partner Winston & Strawn LLP

Advanced Social Media Sweepstakes/Skill Contests/ The Major Platforms & Pitfalls

Consumers love to “Like”, “Follow” and “Tweet” about their favorite brands.  Marketers love how social media platforms provide them with targeted customer interactions.  However, marketers must carefully structure their social media sweepstakes and contests. This session will explore some of the potential legal issues and pitfalls that marketers face when using social media and the strategies to avoid them. 

Moderator: Jay Newman

Partner Fish & Richardson P.C.

Hashtags, Social Media and other Hot Trademark Developments

Moderator: Kristin Achterhof

Partner Katten Muchin Rosenman LLP

Insider’s Guide to Programmatic Advertising and the Multiple Ways of Buying Digital Media

James Taylor

Partner and Co-Chair Loeb & Loeb LLP

State A.G. Policy Enforcement Priorities in Consumer Protection - An inside and outside look

Moderator: Richard Lawson

Partner Manatt, Phelps & Phillips LLP

Advanced Review of Olympics, FIFA, Sponsorships, & Ambush Marketing

Moderator: Benjamin Mulcahy

Partner, Co-Chair - Trademark, Advertising & Unfair Competition Practice Jenner & Block LLP

Developments in Commercial Speech, Compelled Disclosure & FCC Updates

This session will explore the current state of commercial speech doctrine. There will be a particular emphasis on the increasing use of compelled disclosures and disclaimers, and will include a discussion of the extent to which the Federal Communications Commission is expanding its jurisdiction to require commercial disclosures.

Ronald G. London

Of Counsel Davis Wright Tremaine LLP

Enforcing Trademarks and Protecting Your Brand - Strategies That Work!

Brand Protection Strategies through multiple channels that are effective and go beyond mere pooling of rules, and counseling to use the brand elements correctly.

Greg Bennett

Senior Counsel Locke Lord LLP

Promotional Tactics- Coupons, Rebates, and Experiential Marketing/Pokemon GO Everywhere

Advanced practical learning about the latest kind of simple and complex promotions, including the Pokémon Go phenomenon!

Moderator: Barry Benjamin

Partner Kilpatrick, Townsend & Stockton LLP

Made in the USA Claims – FTC & California Perspectives

As the marketplace trends toward American-made products, companies are growing eager to source goods in the United Staes and use an unqualified "Made in USA" claim on labels and packaging. The rules that allow "Made in USA" claims are not well-defined and are fraught with subtle complexities. Federal enforcement by the FTC (administratively and through litigation) is on the rise, as are consumer class actions for misrepresenting U.S. origin, especially in California. This session will provide invaluable insight into the latest FTC and California enforcement actions. It will also offer guidance on how to grasp the evolving interpretations of the "Made in USA" rules, and how to harmonize the FTC requirements with those of the revised "Made in USA" labeling law in California.

Katheryn Barrett Park

Senior Counsel, Advertising and Brand Management General Electric Company

SAG AFTRA

During her session, Stacy Marcus, legal counsel to the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations, will provide an insider perspective on the new 2016 SAG-AFTRA Commercials Contracts.  This session will offer an opportunity for attendees to learn the intricacies of the new deal from one of the Contracts’ lead negotiators.   Stacy’s presentation will cover key changes to the Commercials Contracts, including the new Social Media Waiver and the Experimental Coverage Waiver for Non-Professional Endorsers, and how such changes impact commercials on both traditional and digital advertising mediums.  

Stacy Marcus

Partner Reed Smith LLP

Regulatory Tightening of Consumer Relationship Marketing in Europe & North America

Data and personal information flow across international borders is essential in today's global marketplace. But, with different and evolving standards in various jurisdictions, it can be hard to keep up. You will hear from both in-house and external legal perspectives on key developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate

Partner Miller Thomson LLP

Disruptive Innovations in the Shared Economy

Moderator: David Ervin

Partner Crowell & Moring LLP

Hot Button Issues in Real Time Marketing & Social Media

Moderator: Joseph Lewczak

Partner Davis & Gilbert LLP

Opening Remarks & Introduction of Co-Chairs

Ed Kabak

Senior Vice President, Chief Legal Officer ANA / BAA

Opening Remarks

Bob Liodice

Chief Executive Officer ANA

Year in Review, Sweepstakes, Contests, Privacy, Digital & Social Media

Led by industry leader Linda Goldstein, she will give highlights of the year in the industry, as well as provide key strategies, tactics and an insider's look at how to deal with the major issues of the day.

Linda A. Goldstein

Partner Manatt Phelps & Phillips LLP

New Technology Platforms: Great Opportunities, Real Risks

This session will provide an in-depth, hands-on look at how marketers are using new technologies. It will also explain how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Kenneth Florin

Co-Chair of Advanced Media & Technology Practice, Partner Loeb & Loeb LLP

NAD from the Inside Out: With An Added Dose of Claims and Strategic Advice

Moderator: Nancy Felsten

Partner Davis Wright Tremaine LLP

All About Native Advertising – The Experts’ Views

Moderator: Amy R. Mudge

Partner Venable LLP

Terrell McSweeny

Commissioner Federal Trade Commission

Developing Aggressive Marketing Campaigns in a Hyper-risk World

This session will review the risks, rewards and challenges of major ad campaign launches. It will focus on the major question of how do internal and external counsel work together to assess and minimize risk, while helping the business communicate the strongest possible messages?

Moderator: Christopher Cole

Partner Crowell & Moring LLP

Retail Marketing

This session will cover key issues including - recent enforcements and actions in sale/price advertising, issues and best practices for retail geo-targeted advertising, retailer liability for infringement and claim substantiation, and concerns for online retailers under New Jersey's warranty law.

Moderator: Monique Bhargava

Associate Winston & Strawn LLP

Is Privacy Bearable, When Technology is Wearable – A Review of Key Privacy & Internet of Things

Matthew Lawless

Counsel - Global Privacy Cyber Security IT Law The Procter & Gamble Company

Anatomy of a False Advertising Jury Trial- From Preliminary Injunction through Damages

Drawing on an actual case study from a federal Lanham Act action, this session will provide an overview of strategic considerations at every stage of false advertising litigation – from the preliminary injunction phase, through a jury trial on damages.  Among the subjects to be addressed, will be early case assessment, maximizing discovery, the role of surveys and expert witnesses, and effective trial techniques.

Norman C. Simon

Partner and Co-chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP

Cause Marketing

This session will focus on the latest compliance for cause-marketing programs, as well as social media. Topics that will be addressed are charitable sales promotions, donations at checkout, and free-action programs - including case studies from Macy’s and UPS. Key takeaways will provide an overview of compliance for each type of program, plus state-by-state reference materials. 

Moderator: Edward Chansky

Shareholder Greenberg Traurig LLP

Global Advertising GALA

Organizing and running a sweepstakes across different countries can feel somewhat like a game of chance in itself. A thoroughly international GALA panel from Peru, Zimbabwe, Colombia, Singapore/Malaysia and Ireland will shed their light on relevant rules and regulations across jurisdictions. The panel, moderated by Daniël Haije (Netherlands), will help facilitate the knowledge on how a “knowhow” giveaway, offering insight into local particularities and practicable tips & tricks, will make cross border contest organizer's lives easier.

Moderator: Daniel Haije

Partner Hoogenraad & Haak (Netherlands)

Brands & Music – Best Practices in Navigating Shifting Trends

This session will provide an overview of the key legal issues surrounding today’s trending (and changing) sponsorship, and advertisement activities, involving brands and music. Discussion will focus on the various strategies a brand should consider adopting before launching any such campaigns.

Moderator: A.J. Correale

Member Frost Brown Todd LLC

What’s New in Consumer Class Actions’

Consumer class actions have become the most common type of false advertising challenge, far outnumbering Lanham Act suits, NAD challenges or FTC proceedings. Too many corporations still view these class actions as nuisances, but many companies that take this approach often wind up paying huge settlements and, perhaps even worse, incurring extensive bad publicity. In this session, you will hear what types of advertising claims, and which industries have become the biggest targets of the class action bar. You will also learn how best to defend these cases, as well as how not to, along with what types of alternative fee arrangements are most, and least likely to save legal fees without putting the outcome of the case in jeopardy.

Lawrence I. Weinstein

Partner Proskauer Rose LLP

Married to the Mob: Using Crowdsourced Data as Substantiation

This session will focus on Crowdsourcing Substantiation. When consumers post reviews, interact with social media platforms, and use applications and other technology, a staggering amount of data is collected.  In this session we will explore when, and how, you can use this data to create and substantiate advertising claims.  We will review the latest NAD decisions and guidance from the FTC, and tap into the unmatched wisdom of the “mob” of attendees through interactive facilitation.

Brian Murphy

Partner Frankfurt Kurnit Klein & Selz PC

Data Centric Marketing Trends in Data Collection Use and Security

This session will discuss cross-device tracking and targeting, location-based in-store tracking and targeting and FCC potential rulemaking. It will also focus on the FTC and data security issues, as well as the impact of California state privacy laws.

Moderator: Alan Friel

Partner BakerHostetler

Social Media & Rights of Publicity in the Aftermath of the Hulk Hogan v. Gawker Case

Mary Ann L. Wymore

Officer Greensfelder, Hemker & Gale, P.C.

Black & White Answers to Questions & Sweepstakes Agency Gets Daily

Larry Berney

Chief Operating Officer Don Jagoda Associates

Enforcement of Trademarks, Counterfeiting and Other Issues

Brian Bloom

Partner Morritt Hock & Hamroff LLP

Native Advertising

Fernando Bohorquez

Partner BakerHostetler

Consumer Product Safety Issues

Katie Townley

Attorney Kelley Drye & Warren

Latest Developments in Alcohol Marketing

Scott Schleifstein

Partner Cohen Silverman & Rowan LLP

Branded Content: How To Tell Brand Stories In Europe

Claire Bouchenard

Partner Osborne Clarke LLP

Implications of Brexit for International Brands and Agreements

Jo Farmer

Partner Lewis Silkin LLP

Key Problems in Digital Transactions: Data Analytics, Native Advertising & Mobile

Farah Cook

Senior Counsel Patrick Law Group, LLC

Loyalty Programs

Jason Gordon

Counsel Reed Smith LLP

Fantasy Contests: The Latest Developments

Robert LaPlaca

Partner Verrill Dana LLP

The “Art” of Art Buying in Advertising

This session will focus on the legal issues in clearing out photography and film in advertising, as well as the best practices for negotiating Licenses.

Sandra Leib

General Counsel DDB Chicago

Influencers, Fake Reviews and Social Media

Daniel Smith

Director & Head of Advertising Law UK Gowling WLG

FTC Cares About Disclosing Social Paid Hashtag Ads and So Should You

Adam Solomon

Partner Michelman & Robinson, LLP

TCPA: New FCC Developments and their Impact on Marketers

Andrew Lustigman

Partner Olshan Frome Wolosky LLP

Canada: Spam Problems & Other Hot Issues

Jennifer McKenzie

Partner Bereskin & Parr LLP

Ed Kabak

Senior Vice President, Chief Legal Officer ANA/BAA

Legislative Year in Review

A leading expert on Washington politics, and the economy, brings you right up to date on what the 2016 election means for our industry and the country.

Dan Jaffe

Group Executive VP, Government Relations ANA

Brand Activation – Law in Review

How does a company today compete aggressively using the tools and disciplines of Shopper, Experiential, Influencer and Promotions Marketing together with the key media platforms of Social, Mobile and Digital? This session will focus on what the risks and rewards are, the pitfalls and practice tips, and what others are doing that you should be doing. Whether you are a brand, agency, retailer, publisher, media or technology company, lawyer or a non-lawyer- please join us to experience another educational and creative adventure.

Ronald Urbach

Chairman & Co-Chair of the Advertising, Marketing & Promotions Practice Davis & Gilbert LLP

Advertising Year in Review

What were the biggest advertising law developments of the year?  What cases do you need to know about?  This session will cover the most important advertising law cases of the year from the Federal Trade Commission and the National Advertising Division.  

Moderator: Jeffrey A. Greenbaum

Managing Partner Frankfurt Kurnit Klein & Selz PC

How Much is Enough? Cyber Security in a Big Data World

Alan Sutin

Shareholder Greenberg Traurig LLP

Jordan McCollum

General Counsel Oculus VR

Children’s Advertising

This session will explore hot topics in children’s advertising, which range from social media and online privacy, to mobile apps, endorsements and native advertising.

Co-Moderator: Allison Fitzpatrick

Partner Davis & Gilbert LLP

Right of Publicity

Your clients are obtaining rights in content created by media and other content creation entities accustomed to creating editorial as opposed to advertising content. What are best practices in disclosing the brand’s connection to the content when it is published in different forms and media, including as a vehicle or consideration for advertising placements and revenue shares. How should indemnification work?

Moderator: Rick Kurnit

Partner, Advertising, Marketing, IP and Employment Frankfurt Kurnit Klein & Selz PC

Celebrity Talent

This panel will explore the negotiation techniques, strategies and key issues involved in crafting a deal with celebrity talent. Advertisers are increasingly engaging celebrities, as well as “influencers”, to help promote their brands and spread their content and messages across digital and social media. This session will explore the legal nuts and bolts and best practices for these campaigns, from the perspective of the brand and the agency. It will include FTC enforcement trends, guidelines for endorsements and testimonials, and the effective use of disclosures across different channels.

Moderator: Gina Reif Ilardi

Partner Jenner & Block LLP

Complex Loyalty Programs

Loyalty programs are increasingly popular with both brands and businesses, but they are also more and more frequently the target of class action litigation and regulatory enforcement. These programs may incorporate free perks, sweepstakes, member-only coupons and discounts, as well as the opportunity to earn products, gift cards and even elaborate experiences. Join the in-house counsel working with some of the biggest loyalty programs in the business, to explore the legal and practical issues involved in establishing, changing, and/or terminating loyalty programs. 

Moderator: Melissa Landau Steinman

Partner Venable LLP

Problems in Substantiating Advertising Claims

This session will examine key areas of focus when considering product testing design to substantiate or challenge advertising claims. It will look at the burden placed on the advertiser and challenger in the various advertising contexts and forums, and the impact each specific burden has on testing design. It will consider the various types of common advertising claims and the method of testing that may be used to support each type of claim, as well as examine key product testing principles and test design considerations. The session will conclude by discussing select Lanham Act and NAD cases where the outcome turned on issues of test design and implementation, and explore key takeaways from those decisions.

Alexander Kaplan

Partner Proskauer Rose LLP

Consumer Engagement in a Post 60-Second Spot World- Adding Value through Branded Entertainment

Craig Cardon

Partner Sheppard, Mullin, Richter & Hampton LLP

Consumer Review: A Double Edge Sword

Jamie Rubin

Partner Information Law Group LLP

Healthy, Natural and GMOs: Hot Food Marketing Claims

Moderator: Phyllis Marcus

Counsel Hunton & Williams