2017 ANA/BAA Marketing Law Conference

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

This session will provide an introduction to sweepstakes and skill contests, including 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 and a study of the latest on the conflicted world of fantasy sports.

Moderator: Barry Benjamin

Partner Kilpatrick, Townsend & Stockton LLP

Basics of Advertising: A New Take on Substantiation, Disclosures & Social Media

This session will cover important principles of advertising law, including prerequisites to prove your claims, the type of proof required, how to make disclosures and application of these principles to social media. In addition, it will cover options for challenging competitors. 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.

Moderator: Gonzalo Mon

Partner Kelley Drye & Warren LLP

Transformative Trademarks and Brands & Politics

A review of trademark law, including the basics and the latest big issues in the legal arena.

Kristin Achterhof

Partner Katten Muchin Rosenman LLP

Substantiating Advertising Claims: Views from Inside and Outside Counsel

Substantiation for advertising claims is one of the most important and challenging matters that marketers and their lawyers face. We will explore issues and questions that frequently arise in developing support for claims, evaluating claims by competitors, how inside counsel can work successfully with marketing and R&D, and how inside and outside counsel can most effectively and efficiently work together.

Moderator: Alexander Kaplan

Partner Proskauer Rose LLP

How to Negotiate the New Agency/Client Agreements

This session will present the viewpoint of both the brand and the agencies in negotiating the tricky terrain of agency-client agreement in light of recent developments.

Moderator: Robert Driscoll

Partner Davis Wright Tremaine LLP

Price and Sale Advertising - A Dynamic Landmine?

Advertisers and retailers and facing increasing challenges regarding sale and price advertising and claim substantiation. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation, and strategies for addressing dynamic pricing and geo-targeting.

Moderator: Jason Howell

Partner Perkins Coie LLP

State AG Policy Enforcement Priorities in Consumer Protection – The Last Line of Defense?

This session will cover important development in state AG policy and enforcement, including in the much-debated privacy area.

Moderator: Richard Lawson

Partner Manatt, Phelps & Phillips LLP

3rd-Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions

Co-Moderator: Aaron Taylor

Partner Davis & Gilbert LLP

Case Study in Theater and Film Promotions

Moderator: Gina Reif Ilardi

Partner Jenner Block LLP

Regulatory Oversight of European, Canadian and American Consumer Marketing in 2018

Data and personal information flow across international borders is essential to today’s global marketplace. But with different and evolving standards in various jurisdictions, it can be hard to keep up. And the GDPR effective in early 2018 may throw the whole U.S.-Europe system into chaos. Hear both in-house and external legal perspectives on developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate

Partner Miller Thomson LLP

Compelled Disclosure, the First Amendment and a New Path for the FCC on Privacy and Net Neutrality

This session will explore the current state of commercial speech doctrine, with particular emphasis on the increasing use of compelled disclosures and disclaimers. This will include a discussion of the extent to which recent developments concerning the Federal Communications Commission affect the law and best practices.

Moderator: Robert Corn-Revere

Partner Davis Wright Tremaine LLP

Best Practices for Brands Negotiating Sports Marketing Agreements

What are the best practices in representing leagues, teams and brands concerning sports marketing? An advanced practical session.

Moderator: Thomas Adams

Associate Director & Associate General Counsel The Procter and Gamble Company

The Right of Publicity vs. Fake News and Other Content Claims

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 does fake news play into this arena?

Moderator: Rick Kurnit

Partner Frankfurt, Kurnit, Klein & Selz, P.C.

Autonomous Cars & Other Devices

Moderator: John Feldman

Partner Reed Smith LLP

“Natural” Advertising Claims: Lessons from Recent Developments in Consumer Class Actions & Beyond

It’s no secret: a “natural” label claim on any product is a target for a potential challenger, particularly for the plaintiffs’ bar in consumer class actions. Over the past several years, hundreds of class actions challenging “natural” claims on the labels of food, dietary supplements, personal care products and pet care products have been filed in federal and state courts around the country.

This breakout session will present an update on “natural” claim litigation in consumer class actions, Lanham Act cases, NAD challenges, as well as regulatory developments. We will discuss lessons from these cases, including strategies to mitigate risk when developing advertising claims.

Eileen Patt

Partner Kramer Levin Naftalis & Frankel LLP

Best Transactional Practices for the Programmatic Advertising Ecosystem

Moderator: James D. Taylor

Partner & Co-Chair Advanced Media and Technology Loeb & Loeb LLP

Ethics for Lawyers

Jack P. Sahl

Professor University of Akron Law School

The Shared Economy: Disruption Continues

Moderator: David Ervin

Partner Crowell & Moring LLP

Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising

You’ve run your campaign – how do you know how well it did? This session will discuss how to assess performance, especially for multi-surface campaigns, and what issues exist related to all that click-and-view data.

Moderator: Jamie Rubin

Partner InfoLawGroup LLP

Connected and Dissected– The Cross-Device Ecosystem, the Internet of Things & the Role of Regulation

Co-Moderator: Alan Friel

Partner BakerHostetler LLP

Using Entertainment Marketing To Build Your Brand

Moderator: Robert Newman

Partner Winston & Strawn LLP

TCPA Litigation in the New Regulatory Environment

Moderator: Terese Arenth

Partner Moritt, Hock & Hamroff LLP

The Latest Hot Button Issues in Real-Time Marketing & Social Media

All the key issues in social media and real-time marketing with a unique team of panelists.

Moderator: Joseph Lewczak

Partner Davis & Gilbert LLP

Trademark & Copyright Considerations in Marketing Campaigns

This session will provide an overview of trademark and copyright issues arising in marketing campaigns, including strategies and options for enforcing these rights.

Moderator: Cynthia Walden

Principal Fish & Richardson P.C.

Best Practices in NAD Proceedings

Moderator: Ross Weisman

Partner Kirkland & Ellis LLP

Roundtable Breakfasts with the Experts

1- Alcohol Marketing – The Whole Picture

Scott Schleifstein

Partner Cohen Silverman Rowan LLP

2- European Laws: Financial Transparency Issues

Claire Bouchenard

Partner Osborne Clarke LLP

3- Consent, Fines & Revocation Under the TCPA

Christine Reilly

Partner Manatt, Phelps & Phillips LLP

4- Protecting Your Brand Identity and Reputation in the Wake of the Equifax Data Breach

Brian Bloom

Partner Moritt Hock & Hamroff LLP

5- Navigating State Security Breach Laws

Katherine Riley Townley

Associate Kelley Drye & Warren LLP

6- Nuances of Commercial Co-Venture Marketing

Robert LaPlaca

Partner Verrill Dana LLP

7- Chat Bots/Social Bots - Rewards & Risks

Daniel Goldberg

Associate Frankfurt, Kurnit, Klein & Selz, P.C.

8- Practical Solutions to Sweepstakes, Contests & Social Media Promotions

Larry Berney

General Counsel Don Jagoda

9- Prize Promotions, Gender Stereotyping, Brexit & Other Hot Topics - U.K. Marketing

Jo Farmer

Partner Lewis Silken LLP

10- Traps in Social Media and Internet Advertising in Germany - and How to Avoid Them

Information and disclosure obligations: imprint, ADR, privacy policy and more.

Søren Pietzcker

Partner Heuking Kühn Lüer Wojtek

11- Problems of Consumer Review Sites

Andrew Lustigman

Partner Olshan Frome Wolosky LLP

12- Managing Celebrities & Influencers – Branded Content vs. Commercials

Kat Krone

VP, Labor Relations The Team Companies

13- How Best to Defend Against Allegations of Economic Fraud from an FDA and USDA Perspective

Brian Ronholm

Sen. Director of Regulatory Policy Arent Fox LLP

14- Olympic Advertising

Keri Bruce

Partner Reed Smith LLP

15- Puerto Rico Law

Luis Vivoni

Promotions and Advertisement Legal Counsel Vivoni Law Office

Welcome & Introduction of Co-Chairs

Ed Kabak

Senior Vice President, Law ANA

Opening Remarks

Bob Liodice

Chief Executive Officer ANA

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

A master of the arts gives the highlights of the year in the industry as well as the strategies/tactics and insider’s look at how to deal with the key issues of the day.

Linda A. Goldstein

Chair Advertising Marketing & Digital Media Practice BakerHostetler LLP

New Frontiers in Technology Platforms and Ad Tech

An in-depth, hands-on look at how marketers are using new technologies, how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Moderator: Kenneth Florin

Chairman-Elect Loeb & Loeb LLP

A Case Study in Complex Legal Problem Solving

Any in-house counsel knows that there is never such a thing as an ordinary day. A cease-and-desist letter lands in your inbox alleging that a major advertising campaign you just launched incorporates certain elements that infringe on another company's IP rights; a key brand spokesperson lands on the front page, but not in a good way; and the head of your product development team calls to say there may have been fraudulent data in one of your key clinical trials. To make matters worse, you’ve just found out the company’s main competitor just filed an emergency injunction motion against the company. A panel of expert outside and in-house counsels provide practical, complex problem solving to some of the issues that threaten to keep you up at night.

Moderator: Roger Colaizzi

Chair Advertising Litigation Venable LLP

Negotiating & Using Consumer-Friendly Big Data: Strategies for Compliance & Effective Marketing

Moderator: Doron Goldstein

Partner Katten Muchin Rosenman LLP

Thomas Pahl

Acting Director Bureau of Consumer Protection FTC

As American as Apple π : Automobile Advertising and Promotions Charge into The Future

Moderator: Benjamin Mulcahy

Partner, Content, Media & Entertainment Jenner & Block LLP

Augmented, Virtual & Mixed Reality, and AI

Moderator: Brian Heidelberger

Partner Winston & Strawn LLP

Brands & Music – Deal Points on Music Licensing & Use

An overview of the legal issues.

Moderator: A.J. Correale

Member Frost Brown Todd LLC

GALA: Global Advertising – Influencers, Product Placement and Local Practice Pointers!

Moderator: Cisca Brouwer

Associate General Counsel Snap Inc.

Esports: Negotiating Rights, Talent & Brand Safety

Moderator: Suemyra Shah

EVP Legal & Business Affairs Whistle Sports

The Private Label Revolution

Private labels are surging. Gone are the days when private labels merely claimed “compare to.” Now, they are fully-featured products making powerful performance claims, just like the brand names.

Retailers are partnering with CPG companies to launch new competitive labels, and then launching them against the branded versions sold by those same partners. What is driving this revolution, and how are retailers and brands managing the delicate legal dance? Are CPG brands slowly killing themselves?

Moderator: Christopher Cole

Partner Crowell & Moring LLP

Shakedown Street: Cyber Extortion, Data Breach and the Business of Bitcoin

Since “the year of cyber extortion” in 2016, organizations have been required to adapt to the new age of cyber-attacks. Additionally, anyone in the breach business has been required to adjust cadence and create new service lines in order to help companies respond. In this session, the audience will get to hear some of the wildest extortion stories, while focusing on the legal and security challenges that organizations are faced with throughout a cyber extortion incident. How do you pay? When do you pay? Who are you paying? What happens if you don’t pay?

What you’ll take away:

•Understand what legal, privacy and security challenges companies face when going through these types of incidents

•Learn about the world of bitcoin

Moderator: Craig Hoffman

Partner BakerHostetler LLP

Amping Up Compliance: Strategies for Implementing a Robust & Efficient Marketing Compliance Program

Learn how to use tools, technology and training to improve your organization’s compliance profile – without over-taxing your legal team. Hear about the impact Microsoft’s compliance program had in the FTC’s Xbox One/Machinima endorsements inquiry, and how to efficiently leverage outside counsel as part of a compliance program.

Adam Solomon

Partner Michelman & Robinson LLP

Consumer Class Actions: False Advertising Developments in 2017

In assessing risk, those who counsel advertisers must take into account the various forums in which advertisements can be challenged. At NAD, a growing body of largely consistent jurisprudence has enhanced the predictability of outcomes before that body. At the same time, but for different reasons, there is a smaller chance a responsible advertiser will face a Lanham Act suit or FTC action; the huge expense of federal court litigation has caused a drop in Lanham Act filings and a change of presidents foreshadows a less-aggressive FTC. But the number of class action false advertising cases continues to grow and, in 2017, there was a spike in important federal appellate and district court class action decisions. Unlike with NAD, the increasing number of class action decisions has not resulted in greater clarity. This session will examine some of this year’s key class action decisions to help guide advertising counselors in determining the multiple directions in which the class action wind is blowing.

Moderator: Lawrence I. Weinstein

Partner Proskauer Rose LLP

Cause Marketing

Learn the latest about compliance for cause-marketing programs, including in social media. Topics include charitable sales promotions, donations at checkout and free-action programs. Case studies enliven this informative session. Receive a solid overview of compliance for each type of program, plus state-by-state reference materials.

Moderator: Edward Chansky

Shareholder Greenberg Traurig LLP

Protecting and Enforcing Your Brand in the Intellectual Property Domain Name and App Arenas

Moderator: Jason Mueller

Partner Locke Lord LLP

The Complex Interface: Native Advertising, Influencer Marketing & User Generated Content

Amy R. Mudge

Partner Venable LLP

Introduction

Ed Kabak

Senior Vice President, Law ANA

Legislative Year in Review

A leading expert on Washington politics and the economy brings you right up to date on developments in our industry and the country.

Dan Jaffe

Group Executive VP, Government Relations ANA

Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments

We are at a pivotal time in advertising history, and the industry as we know it is changing. Traditional media strategies are colliding with content creation; in today’s “attention economy,” consumers interact via social media, wearables and virtual reality, and increasingly block or do not respond to traditional segregated ads. Agencies are becoming content labs in an effort to reach these consumers, targeting their interests in real-time and incorporating tailored messaging into their daily activities across devices. The question we will explore is this: how can modern advertisers ride the massive wave of technological change while maintaining integrity and transparency, strategically transforming traditional sales models and navigating the legal landscape? How can brands effectively power the key marketing disciplines of Content, Shopper, Experiential and Promotions with effective advertising strategies to spark Brand Activation? Whether you are a brand, agency, retailer, publisher, media or technology company, come to experience a creative and thought-provoking exploration of the future of advertising and the hot-button issues and challenges affecting the industry today.

Ronald Urbach

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

Advertising Review - Top Developments of the Year

This panel will cover the major legal developments in the past year that had the greatest impact on the advertising/marketing landscape. Federal and state regulatory and industry self-regulation leaders will discuss the major actions taken by their offices in the last year in the areas of social media disclosures, claim substantiation, pricing claims, privacy/data security and automatic renewal offers. They will discuss their current “hot” topic agenda items and offer insights as to what areas of the law might come under scrutiny next. These panelists will provide the “thinking” behind the actions and provide attendees with the tools they need to stay compliant in this rapidly changing landscape.

Moderator: Marc Roth

Partner Davis Wright Tremaine LLP

Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added Elements

This session explores what advertisers and agencies need to think about when doing media deals that involve elements other than the purchase of standard ad space/time. The standard AAAA-IAB insertion order doesn’t delve into this with the requisite detail (a fact recognized by both publishers and agencies/brands), and this is something our clients struggle with all the time. This session will explore issues relating to rights clearance, custom content production, SAG-AFTRA, disclosure, regulatory and promotion issues.

Co-Moderator: Jeffrey A. Greenbaum

Managing Partner Frankfurt, Kurnit, Klein & Selz, P.C.

Emerging Trends in Advertising Litigation

This session will address significant decisions in Lanham Act and consumer fraud class action cases that were decided in 2017. Mr. Simon’s presentation will discuss emerging trends in the advertising litigation space that can be gleaned from these and other recently decided cases.

Norman C. Simon

Partner Kramer Levin Naftalis & Frankel LLP

Children's Advertising, CARU, COPPA, Connected Toys & Child Influencers

Moderator: Allison Fitzpatrick

Partner Davis & Gilbert LLP

The Art of the Social Media Deal

Today’s consumers want community and authenticity in their brand experiences. Once on the periphery, influencer marketing is now on the forefront of brand connections with their consumers. There are, however, some important rules of the road before you leap. The FTC has long been engaged in pushing endorsers to disclose their material connections with brands; the FTC is increasingly training its sights on influencer marketing. Following a spate of letters this spring from the FTC, it’s more important than ever to make sure that sponsorship disclosures are front and center and that brands don’t lose control if something goes awry. Join panelists in a behind-the-scenes discussion of the rewards of using influencers, the FTC’s perspective and the must-have components of an influencer compliance program.

Moderator: Phyllis Marcus

Partner Hunton & Williams LLP

Complex Loyalty Programs

Moderator: Melissa Landau Steinman

Partner Venable LLP

Mobile Marketing and Payments: New Wine in New Bottles?

Mary Ann Wymore

Officer Greensfelder, Hemker & Gale, P.C.

Tracking, Aggregating & Profiling: U.S. & Global Privacy Developments

This session will cover requirements under the GDPR and from the FTC and other global regulators when using data to track, target and profile customers, both online and off.

Co-Moderator: Rachel Hudson

Associate Sheppard Mullin Richter & Hampton LLP

Celebrity/Sports Talent: A Practical Contract and Negotiating Guide to Deals

Moderator: Jason W. Gordon

Counsel Reed Smith LLP

Complications of Consumer Review

Moderator: Sharon Kohn

Senior Legal Editor Thomson Reuters

Retail & Food Marketing Under the Microscope

Moderator: Monica Stover

Attorney Barnes & Thornburg LLP

Please note: Speakers, sessions, locations and dates are subject to change by the ANA/BAA without prior notice. FTC sessions are open to the public (reservations required).