2017 ANA Advertising Law & Public Policy Conference

OPENING REMARKS

Bob Liodice

Chief Executive Officer ANA

TWEETING WITH WORDS

Back by popular demand, we’ll once again start the conference with a fast-paced exchange among leading lawyers in the business with live tweets from attendees — in 140 characters or less — and their answers must be given in 140 seconds or less! Send your tweets using the hashtag #ANAAdLaw. No limits! Ask whatever you’d like about the new administration, the FTC, FCC, and NAAG, SAG-AFTRA, data security, piracy, bots, technology, measurement, viewability, metrics, and media transparency. It’s all fair game.

Moderator: Douglas J. Wood (@djwood1976)

Partner Reed Smith LLP

THE NEW WASHINGTON

The dust is finally settling after a rough-and-tumble election campaign that gave the GOP full control in Washington for the first time since 2006. The Trump administration is rapidly taking shape, and the legislative and regulatory battles have already begun. Tax reform, online privacy, health care, and much more are on the agenda. What does this mean for the advertising industry? Will the industry see its longstanding tax deduction threatened? Will the FCC privacy rules be adopted or will the new administration go in a different direction? What does the new reality mean for other advertising categories? How will potential U.S. Supreme Court personnel changes affect us? ANA's Dan Jaffe will attempt to provide a light through the fog of uncertainty.

Dan Jaffe (@ANAGovRel)

Group Executive Vice President, Government Relations ANA

Please choose to attend breakout session 1-A or 1-B.

MARKETING IN AUGMENTED REALITY: POKÉMON GO AND TREASURE HUNTS IN THE DIGITAL AGE

Marketers are grabbing hold of new technologies to engage and entertain their customers. But what are the potential minefields… or PokéStops? This panel will explore promotions and privacy law issues for augmented reality games and marketing.

Tanya Forsheit (@Forsheit)

Partner Frankfurt Kurnit Klein & Selz PC

TRACKING AND TARGETING IN MEDIA BUYS: AN ADVERTISER'S PERSPECTIVE

As more and more data about consumers is collected and packaged, advertisers in all sectors continue to seek new ways to put that data to use through analytics and targeting. This panel offers a discussion of the considerations advertisers should keep in mind when they enter the big data game.

Adam Ekonomon

Vice President and Deputy General Counsel, Marketing and Regulatory The J.M. Smucker Company

THE SHERMAN ACT AND THE ADVERTISING INDUSTRY

Rebecca Meiklejohn, trial attorney with the Department of Justice Antitrust Division, returns to address ANA conference attendees for the first time since 2005, with insights from decades of experience as a criminal prosecutor. She will give her perspective on antitrust compliance issues in the advertising industry and the criminal enforcement role of the Department of Justice.

Rebecca Meiklejohn

Trial Attorney, Antitrust Division United States Department of Justice

ROUGHING THE COURTS: MAKING SENSE OF SPORTS LAW IN 2017

The speech will center on recent legal controversies, including those impacting college sports, and how changes to sports law impact advertisers.

Michael McCann (@McCannSportsLaw)

Director, Sports and Entertainment Law Institute University of New Hampshire School of Law

KEYNOTE ADDRESS

Karl Racine (@AGKarlRacine)

Attorney General District of Columbia

THE ADVERTISER’S HIDDEN WEAPON: TECHNOLOGY

A panel of technology experts will provide a core understanding of solutions that can help advertisers track and measure viewability, audience, and costs throughout the ecosystem to ensure that their advertising dollars are not being wasted. The information learned in this session will enable lawyers and executives, responsible for negotiating deals with media buying agencies and other ecosystem participants, understand that the best weapon against technology barriers is technology itself.

Moderator: Keri S. Bruce (@KeriSBruce)

Partner Reed Smith LLP

Please choose to attend breakout session 2-A or 2-B.

BEYOND THE MUSIC LICENSE

Advertisers often use music to connect with consumers. This panel will discuss ways marketers can work with music labels to further enhance their brand-building campaigns and various legal minefields and negotiating points involved in a broader music deal.

Susan Arnold

Vice President, Strategic Marketing & Commercial Music Group Sony/ATV Music Publishing

IMPROVING THE CONSUMER ONLINE ADVERTISING EXPERIENCE

Advertising is the financial backbone of the free commercial internet. Consumers, however are growing increasingly frustrated with irrelevant or disruptive advertising. The Coalition for Better Ads is an industry-wide effort to improve the consumer experience with digital advertising. The Coalition leverages consumer insights and cross-industry expertise to develop and deploy new standards and best practices for online ads, in order to create an advertising experience in which consumer incentives to use ad blocking technologies are diminished. ANA is one of the Coalition’s founding members. This panel will discuss the Coalition’s approach to the development of cross-industry practices and research findings that will help improve the consumer ad experience.

Co-Moderator: Charles Curran

Partner Venable LLP

A GLOBAL PERSPECTIVE

No campaign is an island. Whether preparing a multinational program, or simply considering potential regulation at home, it is important to be armed with an understanding of global trends. Hear members of the Global Advertising Lawyers Alliance (GALA) discuss recent key developments in law and enforcement.

Moderator: Catherine Bate (@CathyBate)

Partner Miller Thompson LLP (Canada)

KEYNOTE ADDRESS

Maureen K. Ohlhausen (@MOhlhausenFTC)

Acting Chair Federal Trade Commission

THE SOCIAL MEDIA WAR ROOM

Employees can be your greatest brand ambassador — until things go awry. How can you keep them from causing a PR (or worse, a legal) nightmare? We’ll have experts from one of the leaders in the field, who will discuss Dell’s social media policy; specifically, how the company established rules for employee disclosure in social media; created an employee advocacy training program; and most importantly, identified best practices. Lessons learned as Dell encouraged employees to post about its products and services on social media will be discussed. 

Amy Heiss (@AmyHatDell)

Director of Social Media Activation (SMaC U) Dell Inc.

Please choose to attend breakout session 3-A or 3-B.

KNOWLEDGE IS POWER: HOW SOCIAL MEDIA AND CONSUMER ENGAGEMENT CAN BE USED AS BOTH A SWORD AND SHIELD

Companies have access to more consumer data than ever before and should be leveraging that data both to protect and to differentiate themselves in the marketplace. Through careful and constant analysis of a company’s social media presence, as well as that of their customers and their competitors, companies can take affirmative steps to address consumer concerns before they transform into demand letters or litigation. When litigation cannot be avoided, social media and consumer engagement evidence can be a tool in defending against false advertising claims; e.g., to defeat commonality or predominance in a class action, attack a plaintiff’s credibility, or offer potential consumer perception evidence of an implied advertising claim. From a competitive perspective, this evidence can also inform a company’s decision to litigate or challenge a competitor’s claims before the NAD or NARB.

Nicole D. Bearce

Associate General Counsel - Litigation Unilever United States, Inc.

COMMERCIAL SPEECH AND THE FIRST AMENDMENT - WHAT'S NEXT?

Current First Amendment commercial speech issues, with particular emphasis on the increasing use of compelled disclosures and disclaimers, take the spotlight in this session. Cases on the Supreme Court’s current docket and the direction the Court may take if Judge Neil Gorsuch’s nomination is approved by the Senate will be examined. This presentation will include a discussion of the expansion of the jurisdiction of the Federal Communications Commission to require commercial disclosures and whether or not that trend is likely to continue under the new administration.

Robert Corn-Revere

Partner Davis Wright Tremaine LLP

MEDIA TRANSPARENCY AND THE FORK IN THE ROAD

Join celebrated Wall Street Journal Advertising Editor Suzanne Vranica as she leads a panel on media transparency — what Ad Age called one of the biggest stories of 2016. Joining Suzanne is Ronald Pullem, co-founder of the Open Market Programmatic Work Group and Tony Pace, founder of Cerebral Graffiti and former Chairman of the ANA.  The panel will cover developing risks in the legal arena and how leading executives are working with their lawyers to create the best results while recognizing the importance of the partnership between advertisers and agencies. As baseball legend Yogi Berra said, “When you reach a fork in the road, take it.” Which fork will media take — the bright fork of transparency or the dark path into the forest?

Moderator: Suzanne Vranica (@VranicaWSJ)

Advertising Editor The Wall Street Journal

THE UNEXPECTED RISK OF DIGITAL VIDEO ADS: CONTRACT NON-COMPLIANCE

Talent & Rights contracts and payments, a critical piece of every ad campaign, have grown exponentially more complex with the increase of digital advertising. Today brands need the power of TV creative to work across all screens, and keeping track of those ads as they travel online is a risky business. Millions of dollars are wasted every year on Talent & Rights penalties. What can brands do to maintain control? Does the greater risk for advertisers lie with paid or owned media?

Tim Hale, VP of Talent at Extreme Reach and an expert on Talent & Rights Management, will provide insight into these questions as well as advice on how to control the risk of ever getting hit with unexpected fees again.

Tim Hale

Chief Talent Officer Extreme Reach

NAVIGATING THE FINE PRINT: THE CHALLENGE OF DISCLOSURES

Disclosures have become a priority for enforcers and, with rapidly evolving technology, are a growing challenge for marketers. The FTC has called for clearer disclosures for advertising claims, endorsements, social media, and privacy, as well as wherever is necessary to prevent deception. Exactly what information is necessary and when are disclosures effective? This session will examine the enforcement landscape and consider best practices for navigating the world of disclosures.

David Mallen

Partner Loeb & Loeb LLP

Please choose to attend breakout session 4-A or 4-B.

ACHTUNG BABY! GDPR AND BEYOND AS 2018 APPROACHES

New laws and regulations from around the world increasingly clash with existing and emerging technologies. In May 2018, advertisers will be required to comply with the EU's General Data Protection Regulation. With potential fines as large as 4 percent of global revenues, companies should be taking notice. At this session, learn key insights on what's new and different under the GDPR compared to the past; benchmarking on what others are doing now to prepare – including budgeting, staffing, and more; the latest perspective on cross-border data transfers and compliance mechanisms; and an update on the latest self-regulatory initiatives and specifics for interactive interest-based advertisers.

Gerald Stegmaier

Partner Reed Smith LLP

O̶R̶A̶N̶G̶E̶ FOOD IS THE NEW B̶L̶A̶C̶K̶ ASBESTOS?

Class action lawyers are nimble in finding the next big thing, often based on evolving regulations or regulatory gaps. This panel will trace the evolution of the mass tort and how it became the model for false advertising, through case examples of tobacco, pharmaceuticals, dietary supplements, and food. Business strategies for companies seeking to minimize risk and reduce litigation costs will be explored.

Amy Hancock (@Hancock_ae)

Senior Vice President and General Counsel American Beverage Association

ETHICS SPEED ROUND

For the final session of the conference, join Doug Wood as he moderates a panel of leading in-house counsel on ethics issues. It’s going to be a fast-paced question-and-answer session discussing the traditional ethics rules often forgotten (at one’s peril), the emerging challenges in the era of digital communications, and the demise of formalities, once the hallmark of lawyer communications.

Moderator: Douglas J. Wood (@djwood1976)

Partner Reed Smith LLP