Ed Kabak

Senior Vice President, Law ANA

BREAKOUT 1A: BASICS OF PROMOTIONS, SWEEPSTAKES, SKILL CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, and the key terms you will need to more fully understand the rest of the conference. This session will also deal with the latest rules and most recent updated platform specific requirements for simple and hybrid promotions/marketing.

Jason Mueller

Partner Sheppard Mullin Richter & Hampton LLP

BREAKOUT 1B: NUTS AND BOLTS OF BASIC ADVERTISING: SUBSTANTIATION, DISCLOSURES AND 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. Whether new or experienced to advertising, this session will give you down-to-earth information you need to put later sessions into context. This presentation will put a great new spin on important topics.

Gonzalo Mon

Partner Kelley Drye & Warren LLP

BREAKOUT 2A: LEVELLING UP: COVID-19 AND ESPORTS

The COVID-19 pandemic has presented esports, one of the very few “live” sports made for social distancing, with both opportunities and challenges. Lock-downs and quarantining boosted esports fan engagement through the roof while drawing the interest of other sports looking for new ways to retain fans in the wake of canceled events and curtailed seasons. At the same time, esports is also facing business challenges during the pandemic just like every other sport.

Topics covered in this session will include:

•  The effect of COVID-19 on esports

•  Intellectual property issues for platforms and players, teams and leagues

•   Sponsorships and influencers

•   Regulation/governance

•   Platform agreements

•   Talent agency regulations and agreements

•   The rise of esports betting 

Tori Chami

Vice President and Senior Counsel American Express

BREAKOUT 2B: PRICE AND SALES ADVERTISING

Advertisers and retailers continue to face challenges regarding sale and price advertising and claim substantiation, and, particularly in the context of multiple platforms, new technologies and shifting markets. This session will cover recent enforcements and actions in the areas of sale and price advertising, and best practices for compliance and risk mitigation. It will also address hot topics such as price gouging, automatic subscription billing, New York’s new Gendered Pricing Law, the FTC’s warning about “dark patterns” and more. 

Jason Howell

Partner Perkins Coie LLP

BREAKOUT 3A: REGULATED INDUSTRIES: ALCOHOL and CBD MARKETING ISSUES

CBD and hemp-derived products are becoming ubiquitous in the marketplace. The FDA has promised rules are forthcoming, and some states have legalized THC. But what is CBD, is it legal, and what products can it be marketed in? How is it regulated, and how do the regulatory challenges overlap with those in the historically heavily regulated alcohol industry? This session will explore the regulatory frameworks for CBD, hemp-derived products, and alcohol, and provide an update on hot topics and litigation risks in CBD and alcohol marketing.

Matthew Fitzpatrick

Vice President & Associate General Counsel The Procter & Gamble Company

BREAKOUT 3B: LEGAL AND STRATEGIC CONSIDERATIONS FOR CAUSE MARKETING IN THE COVID-19 ERA ECONOMY

Every crisis sparks charitable responses and COVID-19 amplifies the issues. What methods and causes speak best to consumers and employees when businesses strive to stay relevant and connected? And what legal issues need to be considered? This session will address how to navigate these choppy waters, including the following:

• Legal issues for forming a corporate foundation
• Alternative structures to creating your own foundation
• Creating and managing tax-exempt employee disaster relief programs
• Tax and legal issues for corporate foundations participating in cause marketing
• Disclosures, contracts, and registration issues for various programs, including:
• Charitable sales promotions
• Donation-at-checkout programs
• Free-action programs

Edward Chansky

Shareholder Greenberg Traurig, LLP

BREAKOUT 4A: FTC ENDORSEMENT GUIDES/ BEST PRACTICES: NEW FTC GUIDES FOR NEGOTIATING AND MONITORING INFLUENCER AGREEMENTS

The Endorsement Guides have been at the forefront of influencer marketing discussions for over a decade, but what’s the latest scoop on how to comply with them? These experts will share insights not only about what should go into your influencer contracts, but also some practical tips on how to manage those contracts and influencer relationships to ensure compliance and limit liability.

Philip Jones

Partner Barnes & Thornburg LLP

BREAKOUT 4B: HOT ISSUES AND NEW PROBLEMS IN TRADEMARK & COPYRIGHT LAW

This session will touch on legal developments in matters of trademark and copyright law over the past year. The panel of in-house and outside counsel will cover recent IP decisions from the Supreme Court, as well as decisions from appellate courts, district courts, and the TTAB involving the use of trademark law to fight COVID-19 opportunists, the First Amendment, the use of embedded links and copyrighted works in social media, and more.

Jeff Wakolbinger

Partner Katten Muchin Rosenman LLP

BREAKOUT 5A: ADA ACCESSIBILITY

THE CLEARLY MISSING WEB ACCESSIBILITY LAW

There is currently no federal law that mandates web accessibility for private entities, generally, in the United States. Currently, broad language in the Americans with Disabilities Act (ADA) is being used as a gateway for easy wins by plaintiffs’ law firms. Leveraging liberal interpretations of the ADA in early federal court rulings, plaintiffs’ law firms have experienced a windfall as defendants have found settling a case to be more prudent than litigation. The good news for defendants is that best practices for digital accessibility have become quite clear despite the absence of regulation. Once the law has been established, many entities will already be in compliance.

Kris Rivenburgh

Chief Accessibility & Legal Officer eSSENTIAL Accessibility Inc.

BREAKOUT 5B: LEGAL ISSUES FOR AI, VR AND AR: BIOMETRICS, CHATBOTS AND BEST PRACTICES

You may think that virtual reality and augmented reality technology was yesterday’s novelty, but there have been dramatic improvements in the technology and user experience in the past couple of years.  More companies are finding broader uses for the technology beyond gaming or promotional experiences – which has led to a more complex legal environment.  Hear from industry leaders Sony and Facebook about the opportunities offered by the new technology and how they are approaching the legal issues posed by the technology.

Eric Baum

Senior Vice President, Business and Legal Affairs Sony Pictures Entertainment, Inc.

BREAKOUT 6A: GAMING, GAMBLING AND FANTASY BETTING LABYRINTH

Legislation and regulation of gambling, betting, and fantasy sports wagering can be a murky legal minefield of gray areas. For lawyers providing guidance to clients, it can result in frustration due to the lack of clarity both within states and across the country. As a mostly local, not national, area of regulation, different states have different legislative and regulatory structures, in addition to judicial case law interpretations that layer on additional potential inconsistencies and questions. This session will give a broad but detailed overview of the laws, rules, and regulations around gaming, gambling, and fantasy sports, that will attempt to cut through the clutter and provide a structured thought process within which to advise clients conducting business in these areas.

Barry Benjamin

Partner Kilpatrick Townsend & Stockton LLP

BREAKOUT 6B: REAL TIME MARKETING

Can you reply to that celebrity that just Tweeted about your product?  Should you? Can you use #oscars during the Academy Awards?  What about an Instagram post honoring a recently deceased celebrity or UGC posted on Facebook?  How can you specifically target individual customers with unique ads?  This section will explore the key issues in social media and real-time marketing with a unique team of panelists.

Joseph Lewczak

Partner Davis & Gilbert LLP

BREAKOUT 7A: ORIGINAL CONTENT IN FILMS AND OTHER DEALS

Consumers. particularly now in this age of remote work and increasing use of online and streaming services, are now choosing from a huge assortment of content offerings from a worldwide diverse group of providers. Discover the key issues and compliance problems in the development and production of original content from a distinguished panel of iconic  legal brand speakers.

Jason Gordon

Partner Reed Smith LLP

BREAKOUT 7B: LOYALTY PROGRAMS

Loyalty programs have been around for decades, but their widespread popularity and the migration to digital marketing have meant increased complexity from a legal perspective. Join us as we discuss the laws that regulate loyalty programs, including consumer protection, sweepstakes, auctions, commercial coventurers, privacy, franchise, antitrust, and even civil rights, as well as recent litigation and enforcement involving these popular and effective promotional programs. Throughout the program, we’ll highlight the risks to watch out for in designing such programs and suggest practical ways to address the legal traps in creation and implementation.

Brian Friedman

Director, Commercial and Litigation Counsel Jetblue Airways

Ed Kabak

Senior Vice President, Law ANA

Bob Liodice

Chief Executive Officer ANA

YEAR IN REVIEW, SWEEPSTAKES, CONTESTS, PRIVACY, DIGITAL & SOCIAL MEDIA

Masters of the arts give industry highlights of the year, and shares strategies/tactics and an insider’s look at how to deal with the key issues of the day.

Linda A. Goldstein

Co-Leader, Advertising, Marketing & Digital Media Practice BakerHostetler

TECHNOLOGY IN 2020: NAVIGATING THE NEW NOW

The increasing intersection of advertising, marketing and technology continues to fuel new ways for companies to engage with consumers. Many consumers say they increasingly expect personalized interactions and content ­— but how do companies do that against the backdrop of game-changing new privacy laws that significantly expand what’s considered personal data? And how do legal practitioners stay on top of the latest technologies that marketers want to use to drive business results? This session will share real-world examples of key industry trends, challenges, opportunities and things to come. 

Nate Hole

Deputy Chair, Advanced Media and Technology Loeb & Loeb LLP

LUNCH KEYNOTE

Andrew Smith

Director, Bureau of Consumer Protection FTC

THE CONUNDRUM OF 2020 – A MARKETING AND ADVERTISING LAWYER’S TALE

In a year where office spaces transformed into home offices and work clothes were swapped out with gym clothes, the true aspects of "staying in place" challenged the imagination of what we can innovative, adapt to, or even -- unexpectedly -- change. During Ron’s annual presentation, uncover with him the latest legal developments, practice tips, key trends and unique insights in marketing, advertising, privacy/data and regulatory law. But the presentation has never been just about the law; instead, it’s about being entertained, understanding your role, helping you succeed, excitement, and how this year has wrapped all of these together in unique ways. Join us as Ron dives into the mystery that is 2020 to uncover all the stones that have been left unturned.

Ronald Urbach

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

DEALING WITH “FAKE NEWS” AS A BRAND: USE OF PAID ACCOUNTS POSING AS INDEPENDENT EDITORIAL CONTENT, FAKE REVIEWS, AND OTHER TACTICS ACROSS MULTIPLE SOCIAL MEDIA PLATFORMS

Competitors and their ad agencies alike are becoming more and more sophisticated in the way they utilize social media. From creating or amplifying paid accounts that pose as independent editorial content (blogs, articles, etc.) and fake reviews to attacking competitors’ brand ambassadors or failing to disclose material connection to influencers, the session will cover new and developing tools of deception and misinformation a brand can face across different social media platforms.

Anna Naydonov

Partner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

EMERGING ISSUES IN ADVERTISING LITIGATION

This session will address significant decisions over the past year in Lanham Act and consumer fraud class action cases, as well as challenges before the National Advertising Division (NAD) and appeals before the National Advertising Review Board (NARB). Mr. Simon’s and Ms. Patt’s presentation will discuss emerging trends in advertising litigation that can be gleaned from these cases.

Norman C. Simon

Partner Kramer, Levin, Naftalis & Frankel LLP

Ed Kabak

Senior Vice President, Law ANA

Ed Kabak

Senior Vice President, Law ANA

GOVERNMENT RELATIONS AMID A PANDEMIC & PRESIDENTIAL ELECTION

Dan Jaffe will provide a year in review of ANA’s government relations efforts, detailing how the COVID-19 pandemic and presidential election have affected issues ranging from data privacy to advertising taxes.

Dan Jaffe

Group Executive Vice President, Government Relations ANA

BREAKOUT 8A: HOT TOPICS IN CHILDREN’S ADVERTISING AND PRIVACY

From Tik Tok to YouTube to the rise of Kidfluencers, there have been a number of major developments impacting children’s advertising and privacy over the last year. This panel will explore the latest COPPA, CARU, State AG and other regulatory actions impacting the children’s industry in 2020 and will provide best practices and practical tips for ensuring that your child-directed websites, apps, and influencer marketing campaigns stay in compliance with the law.

Allison Fitzpatrick

Partner Davis & Gilbert LLP

BREAKOUT 8B: FOOD MARKETING: ALL THE ISSUES

The novel coronavirus (COVID 19) has made 2020 a year of unprecedented surprises for virtually every aspect of life globally, including with respect to food law marketing and related issues.  Indeed, COVID 19 has prompted the FDA to make changes to regulations regarding the supply chain and given rise to government enforcement actions directed at COVID claims in marketing.  The pandemic has literally ushered in a new era in food marketing law, some of which may be temporary and some of which is likely to be permanent. 

Mary Ann Wymore

Officer Greensfelder, Hemker & Gale, P.C.

BREAKOUT 9A: ETHICS: A DISCUSSION OF SELECTED PROFESSIONAL RESPONSIBILITY ISSUES

This practice-oriented session offers attendees a Toolbox of Practical Tips to avoid becoming the target of a disciplinary or malpractice action. In addition, it considers several recent national and international regulatory developments that promise to affect the delivery of legal services. For example, it examines recent amendments to the ABA Model Rules of Professional Conduct concerning advertising, solicitation and the advancement of client expenses. The session considers recent ABA Formal Opinions concerning the ABA’s antidiscrimination rule, 8.4(g), and the lawyer’s duty to protect client confidentiality involving electronic communications, including the possible use of encryption. The session also briefly reviews the law governing lawyers regarding several topics, including entity representation, conflicts of interest, conflict waivers, multi-jurisdictional practice (MJP), the unauthorized practice of law (UPL), confidentiality, and the attorney-client and work-product privileges.

Jack Sahl

Professor University of Akron Law School

BREAKOUT 9B: HELP: A SINGLE INQUIRY FROM A STATE AG HAS BECOME A MULTISTATE AG INVESTIGATION – NEXT STEPS

This panel will explore all aspects of an AG investigation from point of inception, to its transformation to a multistate investigation, then ultimately  to its conclusion through settlement or litigation. Our panel will examine all of the challenges associated with a multi-jurisdictional investigation including the factors that lead to a single state investigation becoming a multistate investigation, what to expect from an expanded investigation and the differences with private litigation, and strategies related to containment and obtaining the most practical results in light of the circumstances.

Clayton Friedman

Partner Crowell & Moring LLP

REVIEW OF THE YEAR'S MOST IMPORTANT ISSUES AND PRIORITIES WITH REGULATORS FROM THE FTC, NAD AND NY STATE AG’S OFFICE

The coming year looks to be a watershed moment in consumer protection enforcement as, perhaps, in life: Will we see “Business as Usual” — and What Does That Mean Anyway? Stepped-up enforcement (even separate from COVID) or less? Surprising Pressure Points? What about those Endorsement Guidelines! With all the changes happening in marketing and accordingly consumer protection, join us to learn about priorities, enforcement goals, how 2020 may influence 2021, and more — from those who actually know (or can at least predict with greater certainly than the rest of us!).

Moderator: Nancy Felsten

Partner Davis Wright Tremaine LLP

PRIVACY ISSUES FOR ADVERTISERS IN AN ERA OF COVID AND CCPA

As we continue to navigate through these unusual times, the “new normal” is raising a host of issues for advertisers and agencies alike. As companies shift activities to the virtual world, new issues arise, as well as an increase in “old” questions as well. During this timely and topical session, panelists will explore some of the top issues facing companies in the privacy space. Legal topics will include how to handle rights requests under CCPA, addressing COPPA in a world of Internet of Things, and more. We will also address how the privacy function in organizations can support their remote business teams, including adequately understanding data activities, methods for privacy training, operationalizing privacy-by-design, and more.

Moderator: Liisa M. Thomas

Partner and Lead, Privacy and Cybersecurity Team Sheppard Mullin Richter & Hampton LLP

PAST, PRESENT, AND FUTURE WALK INTO A BAR: WHAT DOES THE NEW WORLD ORDER LOOK LIKE IN A POST-COVID-19 WORLD, AND WHAT WILL WE BRING WITH US FROM THE PAST?

This year, COVID-19 has created new challenges for businesses in all areas of law. At the Federal Trade Commission (FTC), we've seen 300 warning letters addressing COVID-19 claims alone. Moreover, as the workplace and the marketplace moved nearly 100% online during the pandemic lockdown, marketplace consolidation in technology accelerated, and privacy issues were illuminated more clearly, while non-cash financial technologies and IP became more important. For this panel, we'll discuss how COVID-19 has changed these areas and others and how it will likely keep changing them. We'll get out our crystal ball and call on one of our best legislative lawyers to look at what's coming next in a post-COVID-19 world.

Moderator: Len Gordon

Partner Venable LLP

Ed Kabak

Senior Vice President, Law ANA