BREAKOUT 1A: ADVERTISING LEGAL ETHICS

This session will be an in-depth discussion of the ethical considerations under the American Bar Association Model Rules of Professional Conduct that lawyers must address in advertising. Topics will include obligations to clients in the context of confidentiality, conflicts of interest, and organizational representations as well as ways to address Attorney-Client Privilege when representing organizations with subsidiaries and third-party interests with best practice suggestions.

Jessi Tamayo

Client Engagement, Holland & Knight, Adjunct Professor University of Miami School of Law

BREAKOUT 1B: WHEN COMMERCE MEETS CHARITY: DEVELOPMENTS IN CAUSE MARKETING

Learn the latest developments affecting cause marketing, including charitable sweepstakes and the impact of California’s new online charitable fundraising platform law on CCV and donation-at-checkout programs. Plus, get practical compliance guidance for promoting how your brand strives to support social, environmental, and charitable issues. 

Edward Chansky

Shareholder Greenberg Traurig, LLP

BREAKOUT 1C: BASICS OF ADVERTISING

This session will provide an introduction to key topics in advertising law that both lawyers and marketers should know. Gonzalo and Adrienne will discuss things like how to determine what claims are conveyed in an ad, how to substantiate different types of claims, and how to make effective disclosures. For each topic, the speakers will provide an overview of the key legal requirements, show examples of ads that were challenged, and leave you with tips to help you stay out of trouble.

Gonzalo Mon

Partner Kelley Drye & Warren LLP

BREAKOUT 1D: VENDOR CONTRACTING: PREPARING FOR CCPA CHANGES IN EFFECT JANUARY 1ST & OTHER RELATED ISSUES

Moderator: Wayne Matus

Co-Founder & General Counsel Safeguard Privacy

BREAKOUT 2A: AN INSIDE VIEW OF THE FTC'S HOT BUTTONS: TESTIMONIALS & ENDORSEMENTS; DARK PATTERNS, E-COMMERCE AND THE METAVERSE

Your panel, a former FTC alum, 2 FTC wonks, and an in-house counsel savvy to the ways of regulators and self-regulators, will look at this brand new FTC – its priorities, pet peeves and plans to double down on national advertising.

Join us for a to do list to keep your clients out of the crosshairs and what to do if you find yourself already there.

Amy Mudge

Co-Lead, Advertising, Marketing and Digital Media Practice BakerHostetler

BREAKOUT 2B: FOOD LAW MARKETING

Mary Ann L. Wymore

Officer Greensfelder, Hemker & Gale, P.C.

BREAKOUT 2C: PRIZE PROMOTIONS 2022: NEW PARADIGMS FOR CONSUMER PROMOTIONS USING NFTS

Monique (Nikki) Bhargava

Partner Reed Smith LLP

BREAKOUT 2D: EVERYTHING ADVERTISERS NEED TO KNOW ABOUT DIGITAL ACCESSIBILITY AND THE LAW

With more than 20% of the population self-identifying as having a disability, advertisers need to understand digital accessibility now more than ever. Advertisers increasingly drive engagement online across social, web, email, YouTube, and other digital experiences. Corporations are adopting DEI and ESG initiatives, over 5,000 lawsuits have been filed in the last two years, and over 97% of top websites continue to have disability barriers. In this session, we’ll review the state of litigation and regulation, how to properly develop inclusiveness and representation, and how corporations are developing corporate policy to ensure compatibility.

Moderator: Ian Lowe

Chief Marketing Officer Essential Accessibility

BREAKOUT 3A: GET CERTIFIED: POLICY, PROCESS, AND NEXT STEPS FOR CERTIFYING ADDRESSABLE MEDIA IDENTIFIERS

The next step in the evolution of the DAA Principles has arrived, incorporating a new privacy framework for Addressable Media Identifiers (AMIs), such as tokens, cookies, and other emerging technologies that will drive the future of advertising. A two-year initiative led in part by ANA culminated in the creation of the policy framework that governs the use of AMIs, and the DAA has incorporated that framework into its broader self-regulatory program to ensure consistency and ease-of-implementation for advertisers, agencies, media owners, and other stakeholders. DAA and business leaders will share more about the certification process it recently launched to ensure responsible deployment of such identifiers in the marketplace and next steps in building consumer trust while safeguarding the core functionality of our advertising ecosystem.

Chet Dalzell

Engagement & Communications Digital Advertising Alliance

BREAKOUT 3B: WELCOME TO HOLLYWOOD, KIDS! NAVIGATING CHILDREN'S ADVERTISING AND PRIVACY ON TIKTOK, YOUTUBE & THE METAVERSE

Learn how to navigate the rapidly evolving children’s marketing landscape - from CARU to COPPA - while staying above the law. This session will explore best practices for brands when interacting and engaging with children in the metaverse, in online games, and on social media, while discussing the latest developments in Washington that may impact the future of children’s advertising and privacy as we know it.

Moderator: Allison Fitzpatrick

Partner, Advertising and Marketing Davis+Gilbert LLP

BREAKOUT 3C: NUTS AND BOLTS OF NAD PROCEEDINGS

The National Advertising Division (NAD) has undergone significant changes over the past year, rolling out new tracks (Fast Track, Complex), which bring new rules and wrinkles to commencing challenges in the forum. This session will discuss the basic nuts and bolts of NAD proceedings and each track, how to bring a challenge and how to defend one, and strategies for maximizing the process.

Barry M. Benjamin

Partner Kilpatrick Townsend & Stockton LLP

BREAKOUT 3D: WALKING THE IN-HOUSE COUNSEL TIGHTROPE: HOW TO WORK WITH (AND NOT AGAINST) YOUR MARKETERS TO MANAGE LEGAL RISK

In a landscape where the marketing team is tasked with maximizing profits and the advertising lawyers are tasked with minimizing risk, it can sometimes be hard to feel like you’re playing for the same team.  We discuss strategies for building a collaborative relationship with your marketers, including core advertising law principles, high risk areas, and current trends in advertising challenges marketers should be aware of to help them understand the legal point of view and avoid the most common pitfalls that get companies in trouble with regulators, courts and competitors.

Jeff Warshafsky

Senior Counsel Proskauer Rose LLP

BREAKOUT 4A: SPORTS MARKETING: SPORTS BETTING, DAILY FANTASY SPORTS, AND COLLEGE ATHLETE NIL DEALS

Robert Driscoll

Partner Davis Wright Tremaine LLP

BREAKOUT 4B: CONSUMER PRIVACY: WHAT YOU NEED TO KNOW ABOUT THE NEW STATE PRIVACY LAWS (PART 1)

With comprehensive federal privacy legislation looking unlikely, marketers are left to decipher an expanding group of state laws with near-term deadlines and eager enforcers.  In Part 1, we will focus on the basics of these laws, including which businesses are covered, what counts as personal information, loyalty programs and financial incentives, disappearing employment and B2B exemptions -- and more. Plus, we will cover an overview of remedies under these new laws, including enforcement actions, the most recent involving $1.2 million in civil penalties.

Kyle R. Dull

Senior Associate, Data Privacy, Cybersecurity & Digital Assets Practice Squire Patton Boggs

BREAKOUT 4C: NEGOTIATING PLATFORM & TECHNOLOGY-ENABLED AGREEMENTS

This session will highlight legal, operational, and practical considerations in negotiating technology-enabled agreements, as well as security and data issues relating to hosted technology and pain points for customers and vendors.

Elizabeth Allen

Partner Loeb & Loeb LLP

BREAKOUT 4D: WHAT'S GOING ON WITH LOYALTY PROGRAMS? TECHNIQUES, TECHNOLOGIES, AND LEGAL TRAPS

Melissa Steinman

Partner Venable LLP

BREAKOUT 5A: FREE TO CHEAT, OR FOOLS TAKE CHANCES? COMPLYING WITH THE FTC’S EVOLVING ENDORSEMENT GUIDES

As the Federal Trade Commission has sought comments and published updated guidance on its Endorsement Guides, it has also signaled a more aggressive enforcement strategy.  What does this mean for your business?  Our panelists wear several hats, bringing perspectives from brands, agencies, and platforms, and will share practical insights relating to compliance no matter what your role in the sponsored content ecosphere.  Need to update your policies and training?  Not sure what your contracts should look like?  Confused about what a proper disclosure looks like? Are you in a heavily-regulated industry?  What do you do if the FTC comes calling?  Here’s where you can get your answers.  Don’t miss this chance to get practical advice from stakeholders who are in the trenches looking into their crystal balls.

Jim Dudukovich

Counsel Bryan Cave Leighton Paisner LLP

BREAKOUT 5B: CONSUMER PRIVACY: WHAT YOU NEED TO KNOW ABOUT THE NEW STATE PRIVACY LAWS (PART 2)

After a review of the fundamentals, stay with the privacy panel for a deep dive into compliance questions keeping marketers up at night. In Part 2, we’ll focus on opt-outs, targeted advertising, automated decision-making, and operationalizing compliance under the various state privacy laws. We will specifically look at compliance in light of the California Attorney General’s recent $1.2 million enforcement action, enforcement case examples, and the CPRA regulations, including as related to cookies, Do Not Sell and Global Privacy Control signals.  

Rick Borden

Partner, Privacy & Data Security Group Frankfurt Kurnit Klein & Selz PC

BREAKOUT 5C: E-TAILERS & RETAILERS: HOT TOPICS AND RISK MITIGATION

This fast-paced session will cover hot and emerging topics for e-tailers and retailers, including the latest updates about sustainability advertising, influencers, loyalty programs, recurring subscription (auto-renewal) programs, and dark patterns, as well as best practices for compliance and risk mitigation.

Jason Howell

Co-Chair, Advertising, Marketing & Promotions Practice Perkins Coie LLP

BREAKOUT 5D: HOT TOPICS IN ESPORTS ADVERTISING FROM BOTH SIDES: BRANDS AND ESPORTS ORGANIZATIONS

The explosive growth of esports is showing no signs of slowing, and brands are poised to spend more than ever on in-game advertisements, streaming ads, brand integrations, and sponsorships. This panel will discuss the latest trends and explore successful partnerships in the space from the perspectives of both brands and esports organizations. We will share practical insights and tips from industry insiders and take a look at what the future may hold for various stakeholders in the esports ecosystem. 

Joe Khanna

VP, Senior Managing Counsel Mastercard

As you return from the sponsor receptions and dinners, please join the ANA’s Government Relations team for a drink in The Lobby Bar as the election results roll in.

OPENING REMARKS

Chris Oswald

Executive Vice President, Head of Government Relations ANA

A DEEP DIVE INTO THE REGULATORY CHALLENGES MARKETERS FACE IN 2022 AND BEYOND

2022 was a year of heightened regulatory scrutiny of some of the key marketing strategies and tools marketers are employing in this rapidly evolving marketing landscape. This session will highlight some of this year’s most significant legal and regulatory developments and the challenges they present for marketers in both the real and virtual worlds. 

Linda Goldstein

Co-Lead, Advertising, Marketing and Digital Media Practice BakerHostetler

VENDOR RISK: ESSENTIAL IN THE CHANGING VENDOR COMPLIANCE LANDSCAPE

Many businesses may be surprised to hear about the consequences of failing to conduct vendor due diligence under the amended CCPA, as well as other state laws. They also may be interested to learn that their counterparty contracts must give them audit rights and that they need to conduct risk assessments. Under the GDPR, all businesses are responsible for their vendors, so it wasn’t a surprise when Vodafone was fined €8.15 million (U.S. $9.72 million) for failing to monitor its vendors' aggressive telemarketing tactics. Don’t be surprised when this happens in the U.S.

The vendor compliance landscape is changing globally. We will discuss what you need to know and what you need to do to mitigate vendor risk and ensure vendor privacy compliance.

Richy Glassberg

Co-Founder & CEO SafeGuard Privacy

MODERNIZING THE 2022 SAG-AFTRA COMMERCIALS CONTRACT

Join this panel to learn about the modernized 2022 SAG-AFTRA Commercials Contract directly from SAG-AFTRA and JPC negotiators, along with industry professionals who have produced under the contract since it became available in June 2022. The panel will discuss differences between the 2022 Contract and past contracts, how the contract was designed to keep pace with the industry, experiences working with the contract and Union talent, and more.

Stacy Marcus

Chief Negotiator, The Joint Policy Committee, LLC Partner, Reed Smith LLP

NEW FRONTIERS OF ADVERTISING

As the advertising landscape continues to shift, advertisers must continue to adapt old rules to emerging media. What are the newest ways in which advertisers are communicating with consumers? Where are the challenges for advertisers? What are regulators and competitors focusing on? How should advertisers interpret advertising claims in media where claims were never intended to appear? This session will look at new and emerging forms of advertising, as well as new challenges to more established methods – and discuss a framework for approaching advertising to clients in a brave new world.

Jeffery A. Greenbaum

Managing Partner Frankfurt Kurnit Klein & Selz PC

2023 PREVIEW: ROUNDTABLE WITH THE ANA GOVERNMENT RELATIONS TEAM

To wrap up the conference, the ANA's D.C.-based Government Relations team will preview the hot issues confronting advertisers in Washington and the states for 2023 — including privacy, taxation, and more — and take your questions in a fast-paced, lively session. We'll also discuss the ANA’s resources specifically for lawyers and government relations professionals, how you engage with our team, and preview upcoming law and government relations events for 2023.

Chris Oswald

Executive Vice President & Head of Government Relations ANA

ADVERTISING YEAR IN REVIEW

From compliance to legal risk and the latest trends in advertising and marketing law, Ron takes us inside The Inverse Universe: Riddle of the Pyramid, where enduring truths compete with current uncertainties. Learn to successfully manage risk in today’s advertising and marketing ecosystem – a world of innovative advertising practices, new technologies, and tough competition. Lurking in the shoals are dark practices, deep fakes, alternate facts and aggressive regulatory enforcement. How do we survive this danger? Come to Ron’s session and find out

Ron Urbach

Partner & Co-Chair, Advertising and Marketing Davis+Gilbert LLP

BREAKOUT 6A: PROMOTING ESG PERFORMANCE: RISKS AND REWARDS

As Environmental, Social, and Governance (ESG) becomes an increasingly important focus of companies around the globe, brands are naturally seeking ways to highlight their efforts to consumers. With surveys showing that over 75% of consumers will stop buying from companies that treat the environment, employees, or the community in which they operate poorly, these efforts are well-placed. Employees, shareholders, and investors are also focused on companies’ commitment to ESG concerns. However, marketing and advertising of ESG claims is not without risk. Landmines for legal issues abound, particularly as diverse departments focus on ESG - from investor relations to product development and marketing. In this session, our team will focus on the risks companies face as they embark on communications regarding their ESG efforts, with a particular focus on the social and governance aspects of the ESG ecosystem. Attendees will receive practical guidance and tips to help mitigate these risks.

Preetha Chakrabarti

Partner Crowell & Moring LLP

BREAKOUT 6B: SURVEYS IN FALSE ADVERTISING CASES

This session will review the types of surveys that are most common in false advertising cases: likelihood of confusion surveys, materiality surveys, and conjoint surveys. We will explain how these techniques are used in the context of a typical product mislabeling or deceptive advertising case, where plaintiffs claim that consumers overpaid for a product because its attributes are different than those advertised. We will also describe how these same survey techniques are used to provide evidence in Lanham Act matters. Whether your company or client is involved in a greenwashing, truth-in-advertising, or comparative advertising dispute, this session will arm you with an understanding of economic evidence in these matters.

Lisa Cameron

Principal The Brattle Group

BREAKOUT 6C: GET YOUR BRAND'S GROOVE ON

This session will be a discussion on music in advertising, including licenses for hit songs, navigating lyric changes, engaging cover artists, relying on social media music libraries, responding to infringement allegations, and protecting sound trademarks.

Margaret Esquenet

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

BREAKOUT 6D: GLOBAL GREEN MARKETING ISSUES

As social and business pressure grows for all sectors of the economy to respond to the climate crisis, how is this affecting the way "green" claims are being treated legally by regulators and other third parties around the world?   Join members of the Global Advertising Lawyers Alliance for a panel as we explore and discuss the current regulations and enforcement "climate" around the world relating to the marketing of the environmental benefits of various products and services.   

Brinsley Dresden

Partner Lewis Silkin LLP (United Kingdom)

BREAKOUT 6E: NFTS AND LUXURY BRANDS/GOODS

What are NFTs? Why should I care about them? And how can I use them to protect my luxury brand and goods? Let’s explore current trends in NFT usage and popularity, brand trademark registration strategies and the use of blockchain to authenticate legitimate luxury goods.

Moderator: Brian Bloom

Partner Moritt Hock & Hamroff LLP

BREAKOUT 7A: FTC REGULATORY TRENDS IN SOCIAL MEDIA MARKETING AND CONSUMER REVIEWS

This panel will feature diverse perspectives from industry veterans. Our panelists will examine regulatory trends in social media marketing and online disclosures, as well as what marketers can expect given the FTC's proposed updates to the Endorsement Guides. The panel will examine a variety of topics from consumer reviews to endorsements directed to children, and what these changes mean for practical compliance and how best to manage risk. Finally, we will discuss what these proposals indicate about the FTC's priorities and interests going forward.

Laura M. Kim

Partner, Chair, Advertising and Consumer Protection Practice Covington & Burling LLP

BREAKOUT 7C: NAVIGATING RISKS AND THE EFFECTIVE USE OF OUTSIDE COUNSEL

This session will feature a panel discussion with in-house counsel on interactions internally and with outside counsel on dealing with the legal risks affecting marketing and advertising issues, including class actions and complex litigation.  

Kristine Argentine

Partner, National Chair of Consumer Class Actions Group Seyfarth Shaw LLP

BREAKOUT 7D: BRANDED ENTERTAINMENT

Brands are continuing to find innovative ways to produce - or collaborate with non-agency partners to produce - content that looks nothing like a commercial. This session will discuss legal strategies brands consider during the development, production, and distribution phases of branded entertainment projects, from putting the development and production deal together with a partner, to assessing legal risk arising out of entertainment content as opposed to commercial content, to structuring and activating co-promotional campaigns that are no longer just tied to feature films released during the traditional theatrical window.

Benjamin Mulcahy

Partner DLA Piper

BREAKOUT 7E: PRIVACY ENHANCING TECHNOLOGIES (PETS)

PETS are an essential part of the future of personalized advertising. Come learn what they are, the current industry efforts in development, and some of the legal and regulatory considerations.

Rowena Lam

Director, Privacy Tech Program IAB Tech Lab

THINGS YOU MIGHT NOT KNOW ABOUT ONLINE REAL MONEY GAMING

Jamie Rubin

Co-Managing Partner InfoLawGroup LLP

REAL TIME MARKETING

Paavana Kumar

Associate, Advertising and Marketing Davis+Gilbert LLP

BASICS OF PROMOTION

Larry Berney

General Counsel Don Jagoda Associates

AI-RISKS AND CHALLENGES IN MARKETING, DATA PROTECTION, AND INTELLECTUAL PROPERTY

Nick Johnson

Partner Osborne Clarke LLP

CONDUCTING SWEEPSTAKES, CONTESTS AND PROMOTIONS ON SOCIAL MEDIA PLATFORMS

Terese Arenth

Partner Moritt Hock and Hamroff LLP

ISSUES AND BEST PRACTICES IN SOCIAL MEDIA ACCOUNT OWNERSHIP

Tiffany Ferris

Partner Partner Haynes and Boone LLP

MSA POWER PLAYS: VALUE GENERATION FOR CMO'S IN A DISRUPTED ECONOMY

Melanie Washington

Senior Vice President, Head of Global Contract Advisory MediaLink, a UTA Company

OPENING REMARKS

Ed Kabak

SVP, Law ANA

FIRST CHAIR LITIGATOR'S PERSPECTIVE: WHAT ADVERTISING, INTELLECTUAL PROPERTY, AND PRIVACY LITIGATIONS WILL LOOK LIKE IN THE ERA OF WEB3 AND THE METAVERSE

Blockchain technology holds the promise to advance both brands and content creators into an era of digital rights ownership and change the way we capitalize on and consume content, use data, and interact with customers.  With predictions that it will be an $8 trillion market opportunity by 2030, the metaverse – powered by NFTs and other technology advancements blockchain has to offer – will change the way the brands advertise, enforce their rights, litigate, and mitigate legal risks. The panel will combine first-chair litigator overview from Anna Naydonov on how blockchain technologies are bound to affect all things litigation (from service of process to jurisdiction to managing IP, marketing, and privacy risks) with unique in-house perspective from Kathryn Farrara, who has helped guide one of the world’s largest advertisers through some of the most innovative metaverse activations.

Anna B. Naydonov

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

ADVERTISING LITIGATION DEVELOPMENTS

This session will address significant developments over the past year in advertising litigation, including consumer fraud class actions, Lanham Act cases, and NAD challenges.

Joe Orzano

Partner, National Co-Chair of Advertising & Marketing Group Seyfarth Shaw LLP