Conference Agenda

BREAKOUT 1A: FAB FOOD LAB: CREATING BETTER FOOD FOR YOU AND FOR THE PLANET. OR ARE WE?

This session will explore the benefits and risks in creating and marketing new food concepts, including health and sustainability claims, sourcing, plant-based meat alternatives, traceability, supplements, FDA regulatory interests, and more.

Mary Ann Wymore

Partner UB Greensfelder LLP

BREAKOUT 1B: RULE-A-PALOOZA MEETS LOPER BRIGHT

The panel will discuss what the Supreme Court’s decision in Loper Bright Enterprises means for the FTC’s aggressive rulemaking agenda, including:

• The status of the FTC’s various rulemakings and challenges to them
• How the FTC has been using existing rules in its enforcement cases
• The Supreme Court’s decision in Loper Bright Enterprises
  - Significance
  - How lower courts have interpreted the decision thus far
  - What does the decision mean for Auer Deference
• Will the election change things?
  - Congressional Review Act

Len Gordon

Partner Venable LLP

BREAKOUT 1C: THRIVING IN THE EVOLVING CHILDREN’S ADVERTISING AND PRIVACY LANDSCAPE: BEST PRACTICES TO NAVIGATE WITH CONFIDENCE

Dive into the whirlwind of children’s privacy, social media, and influencer regulations, where every day brings a new challenge. In this can’t-miss session, we’ll uncover the best practices for interacting and engaging with young audiences on platforms like Roblox, streaming services, and online games. Discover how the latest CARU and FTC cases, along with emerging state and federal laws, are reshaping the future of children’s advertising and privacy.

Allison Fitzpatrick

Partner Davis+Gilbert LLP

BREAKOUT 1D: BASICS OF ADVERTISING LAW

This session will provide an introduction to key issues in advertising law that both lawyers and marketers should know. The panel will discuss various topics, including 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 panel 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 2A: MARKETING OF BEAUTY/COSMETIC PRODUCTS

This panel will cover important issues for marketing cosmetics products, including issue that arise when marketing to Gen Alpha.  The lessons learned are applicable to products and services of all types.  We will cover hot areas in class actions and competitor challenges, including “clean” claims, sustainability claims, endorsements, and more.  We will also discuss best practices for claim substantiation, with an emphasis on the types of testing relevant to the beauty industry, such as consumer use and sensory tests.  

Jeff Warshafsky

Partner Proskauer Rose LLP

BREAKOUT 2B: ANA ETHICS – NEW DATA PRIVACY, AI PRINCIPLES & GUIDELINES TO ELEVATE THE INDUSTRY

Legal compliance is essential to every business and organization, while ethical marketing and advertising brings organizations forward with aspirational principles and best practices. Proper ethics elevate the advertising and marketing industry as a trusted partner for consumers relying on good practices. This session focuses on the ANA’s new Ethics Code and related compliance tools: the DMAchoice.org opt-out for mail and email preferences, the Data Privacy Framework (DPF) for international data transfer, and related initiatives that aid organizations to beyond the legal baseline. The new Ethics Code and the tools have been developed by marketing practitioners to elevate marketing and to team with sound legal practices. Come and learn about new AI principles and the latest in data privacy self-regulation – and get a snapshot of the relevant policy initiatives driving changes in the year ahead.

Senny Boone

Senior Vice President, ANA Center for Ethical Marketing ANA

BREAKOUT 2C: CONNECTED DEVICES & CTV: HOW WE CAN GET PRIVACY RIGHT THROUGH NEW CREATIVE GUIDANCE

The revolution will be…streamed. Representatives from AdChoices and the connected television and device advertising ecosystem will discuss the ascendancy of streaming by consumers and how privacy factors in as consumers “turn on” their devices and “take in” the content. Are consumer expectations regarding their device behaviors and content choices affecting privacy concerns? Transparency and notice with interest-based advertising means communicating data collection for relevant advertising on all means of connected devices, CTV included. We will explore newly announced Digital Advertising Alliance (DAA) guidance for streaming devices (audio and video) in helping advertisers on such platforms and devices adhere to DAA best practices for extending notice and enabling subsequent choice.

Lou Mastria, CIPP, CISSP

President and Chief Executive Officer Digital Advertising Alliance

BREAKOUT 2D: BASICS OF IP ISSUES IN ADVERTISING, INCLUDING COPYRIGHT & TRADEMARK

This session will discuss how advertisers can identify and protect their IP rights in their creations, and how to avoid the risk of violating IP rights of others.

Kristin Achterhof

Partner and National Co-chair, Intellectual Property Litigation Practice Katten Muchin Rosenman LLP

LUNCH SESSION: WELCOME REMARKS

Anna Naydonov

Partner White & Case LLP

BREAKOUT 3A: LAUNCHING NEW CONSUMER PRODUCTS AND BRAND CHARACTERS: STRATEGIES FOR MANAGING GLOBAL AD CAMPAIGNS AND NAVIGATING INCREASED REGULATORY RISKS

Successful international ad campaigns and product launches require an integrated legal approach for content clearance, claims review, digital rights and regulatory compliance across borders. Ensuring your brand maintains sufficient control over original brand characters supporting such campaigns requires a forward-thinking approach to underlying rights and talent and IP considerations. With regulators in the UK and EU signaling increased scrutiny and flexing new, stronger, enforcement powers, the compliance risks for global campaigns are on the rise. Drawing on their combined experience assisting leading brands with successful product and character launches in multiple markets, our panelists will share insights, case studies and best practices including the “three-dimensional” thinking necessary to help ensure successful global campaigns.

Rafi Azim-Khan

Partner & Co-Chair, Global Advertising & Media Practice Crowell & Moring LLP

BREAKOUT 3B: MAKING SURE THE PRICE IS RIGHT – PRACTICAL TIPS FOR PRICE ADVERTISING IN THE AGE OF “JUNK FEES”

This session will cover the increasingly complex regulatory and political backdrop around so-called “junk fees” and provide practical guidance for price advertising and fee disclosures. What fees are allowed, what is “total price” and where must it be presented, and how do you navigate issues like introductory prices, dynamic pricing, and optional fees? Leveraging both private and public sector experience, our panelists will walk you through the current landscape, discuss how companies are currently navigating these issues, and provide strategies for evaluating disclosures. We will also discuss how the results of the 2024 election could affect the consumer protection landscape and what we anticipate priorities will be for the new administration and for state attorneys general and state legislatures.

Frank Gorman

Partner WilmerHale

BREAKOUT 3C: DATA RISK ASSESSMENTS: AI AND PERSONAL DATA PROCESSING

This panel will address new U.S. legal requirements for assessments of high risk data processing activities, including for behavioral/targeted advertising, automated decision making, AI training, and profiling; processing of sensitive data (minors, location, protected classes, health) and assessments of AI implementation risks. The speakers will also consider the constitutionality of mandatory risk assessment reports in light of the recent 9th Circuit decisions in Netchoice and X Corp, as well as the question of privilege in connection with governmental inspection and filings. The panelists will include privacy lawyers and consultants and assessment platform experts who will address, in addition to legal issues, best practices and practical considerations, including how to use info gov platforms to streamline the process and tie results into data inventories and info management systems.

Alan Friel

Partner & Chair, Global Data Privacy, Cybersecurity & Assets Practice Squire Patton Boggs

BREAKOUT 3D: ALL IN: SWEEPSTAKES AND CONTESTS IN THE AGE OF UBIQUITOUS BETTING

This session will cover the basics but will also approach sweepstakes with a theme arising from recent cases and enforcement focused on the line between lottery/gambling and promotional sweepstakes. We will also look at non-traditional “purchases,” like donations or “cashing in” loyalty points for entries. How should we think about contests today when legal gambling is virtually everywhere? How has the ubiquity of gaming and gambling affected how we should think about promotional games?

John Feldman

Partner Reed Smith LLP

BREAKOUT 4A: H-O-T-T-O-G-O: SUPPORTING BRAND PARTNERSHIPS AND SPONSORSHIPS WITHOUT GETTING BURNED

This session will focus on the major points of sponsorship agreements from the perspectives of both sides of the deal. Our panel will discuss the key business and legal issues entities encounter when looking for sponsorship opportunities, selecting appropriate brand partnerships, and negotiating agreements that meet the needs of both the sponsored and the sponsor.

Neal Patel

Partner Frost Brown Todd LLP

BREAKOUT 4B: REGULATORY ROULETTE: ALIGNING MARKETING STRATEGIES WITH CONFLICTING LEGAL STANDARDS

Advertisers regularly face divergent guidance from key regulatory bodies like the FTC, NAD, and the courts. This session will explore critical areas where standards conflict – such as “Made in USA,” “up to,” green claims, puffery, and disclosure requirements – to illustrate the differences in how the FTC, NAD, and courts view claims and compliance.  Through these examples and more, our panelists will equip you with insights to navigate the regulatory maze, anticipate legal challenges, and strategically balance risks across diverse advertising scenarios. Don’t miss this opportunity to see around corners and align your marketing strategies with the evolving legal landscape.

Kristi Wolff

Partner Davis Wright Tremaine LLP

BREAKOUT 4C: PRIVACY COMPLIANCE AND THE IMPORTANCE OF DUE DILIGENCE

Data protection laws in the US and abroad are placing increasing importance upon a company's compliance with its privacy legal obligations and ensuring that its third-party partners are also compliant. Privacy compliance is also important for risk mitigation, reputation management, contractual obligations, and continuity of operations. Standardized assessments, such as the IAB Diligence Platform and performing diligence on your advertising pixel providers, are key to mitigating risk. We will discuss the legal obligations and best practices.

Richy Glassberg

Co-Founder/CEO SafeGuard Privacy

BREAKOUT 4D: CLAIM SUBSTANTIATION: YOU BETTER BE ABLE TO PROVE THAT YOU ARE BETTER, BIGGER, STRONGER, AND FASTER THAN THE COMPETITION

If you want to advertise that your product is better, bigger, stronger, or faster than the competition, make sure you can substantiate the claims. Proper claim substantiation requires determining how consumers will understand the claims made in the advertising and how to properly support the messages conveyed. This session will discuss the nuts and bolts of claim substantiation, including objective claims, subjective claims, testing, surveys, and distinguishing claims from puffery. 

Barry Benjamin

Partner Kilpatrick Townsend & Stockton LLP

BREAKOUT 5A: E-TAILERS AND 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 generative AI and marketing, price advertising, junk fees, recurring subscription (auto-renewal) programs, and dark patterns, as well as best practices for compliance and risk mitigation.

Jason Howell

Chair, Advertising, Marketing & Promotions Practice Perkins Coie LLP

BREAKOUT 5B: RECENT DEVELOPMENTS IN GREEN MARKETING: HOW TO MAKE SUSTAINABLE SUSTAINABILITY CLAIMS

This panel will discuss recent regulatory and legal developments in the green marketing area, including the long-anticipated updates to FTC’s long-standing Green Guides; recent class actions addressing “green” claims; newly enacted state laws (particularly in California) that address greenwashing; and recent self-regulatory decisions addressing environmental claims. You'll also get an in-house counsel perspective on best practices for amassing substantiation when dealing with third party certification bodies and other technical topics.

Jennifer Fried

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

BREAKOUT 5C: MANAGING RISK IN TALENT COLLABORATIONS FOR REGULATED PRODUCTS

Talent collaborations for regulated products can be a highly effective way to advertise, offering unique opportunities for brand growth and innovation. While these collaborations can be highly advantageous and profitable, they also come with certain risks that are best managed proactively. This session will cover critical IP considerations when partnering with talent and explore unexpected regulatory hurdles that talent may face when investing in health, personal care, or other regulated products. Additionally, this session will provide strategies to help avoid FTC priorities related to endorsements and material connections, ensuring your brand and talent are safeguarded from potential pitfalls.

Raqiyyah Pippins

Partner Arnold & Porter

BREAKOUT 5D: CONSUMER CLASS ACTION LITIGATION UPDATE

This session will focus on consumer class actions, including false advertising and privacy class actions.  The panel will feature insights on litigation trends including common claims and types of products and services targeted, as well as theories of liability, over the past year.  The panel will also discuss defenses to commonly asserted false advertising and privacy claims and how those defenses are being received by courts.  The panel will also include the latest proactive tips and strategies to maintain active advertising and marketing of products and services, while minimizing the risk of being targeted by the plaintiffs’ bar.

Joe Orzano

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

BREAKOUT 6A: CONNECTING WITH CONSUMERS THROUGH STORYTELLING AND MEDIA PARTNERSHIPS

This panel will cover brand messaging through content outside of traditional ads, including social media, content partnerships, and communications/distribution channels.

Po Yi

Partner Manatt, Phelps & Phillips, LLP

BREAKOUT 6B: IT’S NOT EASY BEING GREEN: THE QUEST FOR A UNIFIED GLOBAL GREEN MARKETING STRATEGY

As data continues to show that consumers care enough about sustainability initiatives to have it influence purchasing decisions, companies are increasingly looking to tout their efforts in this arena.  But how can companies make this work on a global scale?  This panel will explore strategies for managing global ad campaigns and initiatives around sustainability marketing in an increasingly segmented regulatory environment.  The panel will consider whether and how to harmonize efforts across the Americas, Europe, and parts of Asia.

Tiffany Ferris

Partner and Chair, Trademark and Advertising Practice Group Haynes Boone

BREAKOUT 6C: ADOPTING AI FOR IN-HOUSE AND MARKETING LEGAL TEAMS: EARLY WINS, CHALLENGES, BEST PRACTICES, AND PRACTICAL TIPS

In this session, discover how to streamline your in-house marketing legal team’s operations for optimal workflow efficiency. Participants will gain valuable insights into early successes and challenges, best practices for AI implementation, and strategies for scaling AI across cross-functional teams. The session will also offer practical guidance on evaluating AI tools, securing resources, and releasing AI to users. Through case studies, you’ll learn how leading in-house teams are utilizing AI for repetitive tasks, like legal@ questions, claim management, marketing content reviews, and real-time risk monitoring. You’ll leave with actionable strategies to help accelerate turnaround times, eliminate bottlenecks, and ensure compliance in an ever-evolving marketing environment.

Alex Chung

CEO Protege AI

BREAKOUT 6D: CURRENT ADVERTISING LITIGATION TRENDS IN THE TELECOMMUNICATIONS AND CONSUMER GOODS INDUSTRIES: FROM 5G TO 5X

This breakout will cover trends in advertising litigation gleaned from NAD, consumer class action and Lanham Act cases in the telecommunications and consumer goods categories in the last year, from claims of network speed and reliability, to quantified product performance claims. The panel will include insights from in-house lawyers at T-Mobile and The Procter & Gamble Company.

Norman C. Simon

Chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP

OPENING REMARKS

Bob Liodice

CEO ANA

THINKING LIKE AN ENFORCER TO MINIMIZE ADVERTISING & MARKETING RISKS

Join Daniel Kaufman and Amy Mudge from Baker Hostetler in a fast-paced dialogue with Serena Viswanathan from the FTC’s Advertising Practices Division and Laura Brett at the National Advertising Division of BBB National Programs.  This panel will focus on identifying the top advertising enforcement and regulatory priorities and explore the most significant consumer protection concerns.  The discussion will help set the foundation for all of the rich conference content to follow, helping participants analyze like an enforcer and focus on the why behind the latest developments, cases, and rulemakings. 

Amy Mudge

Leader, Advertising, Marketing, and Digital Media Practice BakerHostetler

IT’S NOT YOUR FATHER'S OLDSMOBILE: TEN THINGS YOU NEED TO UNDERSTAND TO COUNSEL IN ADVERTISING TODAY

This session will explore the profound shift in the philosophical underpinnings of advertising law. It's not just the rules that are evolving—it's the very way regulators, courts, and the NAD are thinking about our industry. We'll discuss these changes in the foundational approach and offer practical solutions to navigate them effectively.

Jeffrey Greenbaum

Managing Partner Frankfurt Kurnit Klein & Selz PC

CONSUMERGEDDON – CAN YOU SURVIVE THE DECEPTORS?

Junk Fees, Bait-and-Switch, AI Deepfakes, False Endorsements, Dark Patterns – it’s enough to make anyone’s head spin. Through dynamic, fast-paced and dramatic visual storytelling, this session will bring to life the maze of deceptions and legal issues that are amplified by the capabilities of modern technology – and that we as advertising lawyers must adapt to navigate. Enter The Deceptors – who seek to bring deceptive practices to today’s world of fast paced change. Will they prove to be a match for Ron and his team?

Come with us on a journey of exploration and learning. Experience as advertising counsel the challenges of balancing profitability and consumer retention with the need for consumer transparency - running the gamut of false advertising, deceptive pricing, new governmental initiatives, influencer marketing, consumer reviews and endorsements, AI, e-commerce and subscription programs. How do brands and in-house counsel navigate this tricky landscape – walking the right line between fact and fiction, maintaining consumer trust, while still prioritizing market share? How do they prepare for what’s already arrived and what is to come next?

Come to the session for actionable insights, plot twists, thrills and laughs – it’s sure to be a glittering experience.

Ron Urbach

Partner/Co-Chair Davis+Gilbert LLP

BRIDGING LEGAL FRONTIERS: NAVIGATING THE INTERSECTION OF LUXURY, WELLNESS, AND TECHNOLOGY

Embark on an immersive exploration of the legal developments at the crossroads of luxury, wellness, and technology. As consumer preferences continue to evolve, the boundaries between luxury, wellness, and technology blur, giving rise to innovative products and experiences. This presentation will offer a comprehensive analysis of the evolving legal landscape, delving into the complexities and opportunities arising from the convergence of these dynamic industries. Our discussion will spotlight the legal considerations inherent in this convergence, with a particular focus on advertising and technological advancements. From influencer marketing to augmented reality experiences, we will examine the regulatory frameworks governing advertising practices and the adoption of cutting-edge technologies in luxury wellness offerings.

Key Themes:

1. Regulatory Compliance: Analyzing the legal requirements governing advertising claims, endorsements, and disclosures in the luxury wellness sector.
2. Digital Transformation: Exploring the legal implications of incorporating technology-driven solutions such as AI, AR, and IoT into luxury wellness products and services.
3. Brand Engagement Strategies: Investigating the legal challenges and opportunities associated with leveraging digital platforms, social media, and influencer partnerships to enhance brand visibility and consumer engagement.

David Mallen

Co-Chair, Advertising Disputes; Chair, Retail & Consumer Brands Loeb & Loeb LLP

FIRESIDE CHAT: A DAY IN THE LIFE OF A GENERAL COUNSEL

Bezalel Stern

Partner Manatt, Phelps & Phillips, LLP

ANA ROUNDTABLES WITH THE EXPERTS

We’ve moved the ever-popular roundtables from breakfast to lunch so that our attendees can enjoy them without having to get up early. Attendees are free to join any of the tables listed below – just look for the table number. If you are not interested, we will still have regular tables set aside for lunch as well. Please note that CLE credit will not be offered for lunch roundtables.

ROUNDTABLE: CONDUCTING SWEEPSTAKES, CONTESTS & PROMOTIONS ON SOCIAL MEDIA

Terese Arenth

Partner Moritt Hock & Hamroff LLP

ROUNDTABLE: FOOD RECALLS & LITIGATION: NAVIGATING EVOLVING RISKS AND COMPLIANCE IN FOOD SAFETY

Ron Rothstein

Partner Winston & Strawn LLP

ROUNDTABLE: DARK PATTERNS

Jim Dudukovich

Partner Nelson Mullins Riley & Scarborough LLP

ROUNDTABLE: STATE AND FEDERAL ACTIVITY ON “JUNK FEES” AND “ALL-IN” PRICE TRANSPARENCY

Christine Reilly

Partner Manatt, Phelps & Phillips, LLP

ROUNDTABLE: PRACTICAL TOOLS TO EASE THE BURDEN ON MARKETING LEGAL & EMPOWER THE BUSINESS

Heather Nolan

Partner InfoLawGroup LLP

ROUNDTABLE: AUTO RENEWING SUBSCRIPTION MODELS – LAWS AND CARD ASSOCIATION RULES

Marc Roth

Partner Cobalt LLP

ROUNDTABLE: CAUSE MARKETING

Christie Thompson

Partner Kelley Drye & Warren LLP

ROUNDTABLE: AGREEMENTS BETWEEN AGENCIES AND BRANDS

Michael Schiffer

Founder & Partner S2 Advertising Law PLLC

ROUNDTABLE: ESG ADVERTISING: EXTENDED PRODUCER RESPONSIBILITY AND CARBON ACCOUNTING

Merrit Jones

Counsel Bryan Cave Leighton Paisner LLP

ROUNDTABLE: CONSIDERATIONS FOR PREPARING AND UPDATING YOUR COMPANY’S AI POLICY

Matthew Vittone

Counsel Frankfurt Kurnit Klein & Selz PC

ROUNDTABLE: THE EU AI ACT – IMPACTS ON ADVERTISING AND MARKETING

Martin Soppe

Partner Osborne Clarke

ROUNDTABLE: THE PERILS OF OVERHYPE: UNMASKING GREENWASHING AND AI WASHING

Ken Wilton

Co-Chair, Advertising & Marketing Group and Trademark Practice Lead Seyfarth Shaw LLP

ROUNDTABLE: THE IMPACTS OF COLORADO'S AI ACT ON ADVERTISING AND MARKETING

Doron Goldstein

Partner Withersworldwide

ROUNDTABLE: INFLUENCERS GONE ROGUE: WHO’S REALLY RESPONSIBLE?

Paavana Kumar

Partner Davis+Gilbert LLP

ROUNDTABLE: TRACKING AND RECORDING TECHNOLOGIES LITIGATION TRENDS AND RISK (CIPA, VPPA, SONG-BEVERLY, MASS. GEN. LAWS CH. 93 § 105(A), UDAP)

Marisol Mork

Partner Squire Patton Boggs

ROUNDTABLE: BACK TO (NAD) BASICS

Emily Ketterer

Associate Haynes Boone

ROUNDTABLE: ALCOHOL & SPECIALTY BEVERAGE INDUSTRY CLAIMS UNDER SCRUTINY

Roy Abernathy

Associate Crowell & Moring LLP

ROUNDTABLE: ADVERTISING IN CHINA VS THE US – KEY CONSIDERATIONS

Jane Li

Senior Associate DLA Piper

ROUNDTABLE: LITIGATION RISKS/TRENDS IN EMAIL MARKETING

Allyson Himelfarb

Counsel BakerHostetler

ARE WE SMARTER YET? HOW ARTIFICIAL INTELLIGENCE IS INFLUENCING ADVERTISING AND MARKETING RIGHT NOW, AND WHAT WE CAN EXPECT NEXT

Join a multi-disciplinary team from Venable LLP led by partner Melissa Landau Steinman that includes partners Justin Pierce (IP), Rob Hartwell (Privacy), and Meredith McCoy (Political Law) to discuss the latest regulatory and business developments in artificial intelligence and what’s on the horizon, with a focus on the topics most relevant to brand advertisers right now: advertising and promotions, consumer protection and regulatory issues; privacy; and trademark, copyright, and right of publicity protections. We’ll discuss some of the pluses and perils of the use of AI in marketing and take a look at some of the major AI campaigns this year, drilling down into some of the policy and legislative developments at the state and federal level and the ongoing push to regulate by Congress, the FTC and other federal agencies, and the states, as well as other countries and/or self-regulatory bodies. Then we’ll take a closer look at topics like deep fakes and impersonation, digital influencers, the effect of AI technologies on the use of classic advertising and promotional techniques, use of personal information by AI platforms, recent litigation and attempts to regulate IP – and, with the election just behind us, political advertising and what we’ve just seen happen on that front. Then, we’ll get out our crystal ball to take a stab at predicting what’s coming next, with Chevron deference in tatters and a new administration in the offing!  What could be more exciting, except perhaps letting AI generate the entire session on its own!?!

Melissa Landau Steinman

Partner Venable LLP

MASSIVE CHANGE: FCC OVERHAULS TCPA CONSENT PROVISIONS AND PROVIDES NEW AI REGULATIONS

Eric J. Troutman

Founder Troutman Amin, LLP

BREAKOUT 7A: MASTERING INTERNATIONAL ADVERTISING: TOP TIPS FOR ADVERTISING IN EUROPE, THE UK, CANADA, AND SOUTH AMERICA

Join GALA for this session, where we will shine a light on insights and trends in these key markets. We will explore the latest legal and regulatory developments, challenges and creative solutions in advertising and marketing across Europe, the UK, Canada, and South America. We’ll discuss the headline trends of 2024 and provide a glimpse into what 2025 holds from a legal and regulatory point of view – empowering advertisers, their clients, and advisers to keep ahead of the curve and to enjoy a competitive advantage.

Geraint Lloyd-Taylor

Partner & Co-Head, Advertising & Marketing Law Team Lewis Silkin LLP (UK)

BREAKOUT 7B: EARTHQUAKE IN CALIFORNIA! ONLINE CHARITABLE FUNDRAISING PLATFORM LAW SHAKES UP ONLINE CAUSE MARKETING…WITH AFTERSHOCKS IN HAWAII

Ed Chansky

Shareholder Greenberg Traurig, LLP

BREAKOUT 7D: WHEN SHOPPING, SOCIAL MEDIA CONTENT, AND AI COLLIDE: SPOTLIGHT ON ECOMMERCE AND PLATFORM LITIGATION TRENDS

More and more, social media platforms are becoming destinations to shop, while ecommerce platforms are integrating games, entertainment, and other forms of creative content into shopping experiences. From capitalizing on user-generated, viral trends in marketing to Communications Decency Act (including proposed Section 230 amendments) and Digital Millennium Copyright Act safe harbor defenses, platforms and brands face unique challenges.  And AI is a major disruptor, presenting new risks and opportunities. This panel will explore litigation trends for platforms in this rapidly-changing space.

Anna Naydonov

Partner White & Case LLP

BREAKOUT 7E: “WE’RE PUTTING THE BRAND BACK TOGETHER” – GETTING THE MOST OUT OF BRAND PARTNERSHIPS WITH ARTISTS

Join us for a lively discussion on the cutting edge of brand-artist partnerships featuring Maxwell Zotz (Zotz), Head of Music at Music Audience Exchange. Our panel will walk through scenarios and what to consider when partnering talent with brands, including leveraging data and technology to boost engagement and ROI from such campaigns. This session will feature a live demonstration of the MAX live engagement tool (SET.Live) used at concerts & events.

Takeaways include:

• Fundamentals of a brand deal in the music industry (and elsewhere)
• Benefits of brand-artist partnerships, including leveraging first party data
• What are the terms involved in capturing data
• Privacy considerations for data capture and sharing in the campaign
• Choosing and securing talent
• Driving authentic engagement (lawfully)
• What to do when your talent goes rogue

Sarah La Voi

Partner BakerHostetler

BREAKOUT 8A: A FIRESIDE CHAT WITH ARIZONA ATTORNEY GENERAL KRIS MAYES

In recent years, advertising practices across all industries have increasingly become the subject of scrutiny by state regulators. Chief among these regulators has been state attorneys general. From automatic renewals to price transparency, state AGs are conducting investigations and bringing matters individually, in multistate actions, and in conjunction with federal agencies such as the Federal Trade Commission. In a fireside chat moderated by DLA Piper LLP, a leading attorney general in the consumer protection arena – Arizona Attorney General Kris Mayes – will provide her perspective on enforcement and how businesses should navigate the regulatory landscape. Attorney General Mayes, who was elected in 2022, is a career-long public servant and previously served as an elected Arizona Corporation Commissioner, as well as a professor at ASU’s School of Global Sustainability.

Kris Mayes

Attorney General State of Arizona

BREAKOUT 8B: AN IN-HOUSE LAWYER'S GUIDE TO CONSUMER REVIEWS AND TESTIMONIALS

This panel will feature a discussion of key issues and recent trends related to consumer reviews and testimonials.  We will discuss the FTC's pending rule on reviews and testimonials, analyze trends in recent FTC enforcement and private litigation involving reviews and testimonials, and address where we expect the FTC and other regulators to focus their efforts in the future. 

Laura Kim

Partner Covington & Burling LLP

BREAKOUT 8C: COMPLYING WITH THE NEW FCC TCPA ONE-TO-ONE LEAD GENERATION RULING

Join industry experts and leaders in a deep-dive into the compliance needs with the FCC’s new one-to-one lead generation rules and topically and logically relates standards. Whether you plan to generate first party leads using owned and operated or white-labeled websites or plan to purchase third-party generated data or warm transfer leads you cannot miss this critical discussion.

Eric J. Troutman

Founder Troutman Amin, LLP

BREAKOUT 8D: RISK AND REWARD: NAVIGATING AI COMPLIANCE AND RISK ALLOCATION IN ADVERTISING

AI is revolutionizing advertising with game-changing creative capabilities and efficiencies, but it also brings a host of new legal risks. With emerging laws like the EU AI Act putting pressure on advertisers, agencies, and AI vendors, it’s crucial to understand how to navigate this complex landscape. Join our panel to discover how to craft contracts that balance risk fairly among all parties and learn practical strategies for staying compliant and minimizing liability under the latest AI regulations. Get the tools you need to turn AI’s potential into a strategic advantage without falling into legal pitfalls.

John Monterubio

Senior Counsel Loeb & Loeb LLP

BREAKOUT 8E: “HOORAY FOR MADISON AVENUE!” HOW A BRAND CAN BECOME A PLAYER IN HOLLYWOOD

Many brands dream of producing real entertainment content – the kind that wins Oscars and gets distribution on streaming platforms – but few actually do (and fewer still do it well). In this session, we will hear from industry leaders about the many challenges that a brand faces (business, legal, internal, external, temporal, eternal) when they break free from the confines of the thirty-second commercial to create compelling long form content.

Lauren Campisi

Vice President, Northwell Studios Northwell Health

HOUSEKEEPING REMARKS

Chris Oswald

Executive Vice President & Head of Government Relations ANA

THE USE OF AI AND LEGAL ETHICS

Technological innovations are occurring at a breakneck pace and impact almost every part of our lives, including how we practice law. Much like the introduction of social media ushered in a host of new ethical questions and concerns, the use of AI has also led to a series of ethical questions.  Join our panel as we talk about the latest ethical guidance in this area as well as potential ethical issues that still await further guidance.

Randal Shaheen

Partner BakerHostetler

HYPER-PERSONALIZED ADVERTISING: ONE SIZE DOES NOT FIT ALL

Monique (Nikki) Bhargava

Partner Reed Smith LLP

CLOSING REMARKS