ANA Advertising Law 1-Day Conference, Hosted by Squire Patton Boggs (Hybrid Event)

OPENING REMARKS

DATA RISK ASSESSMENTS

This session will delve into the evolving landscape of U.S. state laws that increasingly mandate data practice risk assessments to evaluate and mitigate risks associated with processing personal data. Panelists, consisting of lawyers and privacy consultants, will offer insights into these developments and share their unique perspectives on compliance challenges and strategies. The discussion will also include a comparative analysis of the U.S. framework with Europe and explore evolving best practices, including strategies for effectively implementing assessment programs. Use of information governance software programs for integrating data inventories, assessments and management will be demonstrated.

Alan Friel

Partner Squire Patton Boggs

PRIVACY UPDATE FOR CHILD AND TEEN ADVERTISING

This session will survey the latest enforcement actions, regulatory developments, and state laws that impact advertising to children and teens. The discussion will include how proposed changes to the federal Children’s Online Privacy Protection Rule may impact advertising, the trend in expansion of child privacy protections to teens, and considerations for using artificial intelligence or machine learning for advertising purposes. 

Julia Tama

Partner Venable LLP

EVOLVING PRIVACY CHALLENGES FOR ADVERTISING

This session will focus on state consumer privacy law approaches to digital advertising regulation, the federal American Privacy Rights Act's (APRA) more burdensome proposals, the draft California regulations on “behavioral advertising,” Colorado’s AI law, state consumer health data laws (e.g., Washington and Nevada), and the impact these evolving requirements have on advertising. The discussion will include a review of the level of notice and choice required and an explanation of Global Privacy Control and Universal Opt-out Mechanisms requirements.

Julia Jacobson

Partner Squire Patton Boggs

ON YOUR MARK, GET SET, GO!

The panel will discuss why marketing loves sporting events so much, and how legal can set up for a “yes” rather than a “no.” It will also address how brands can leverage sporting events for marketing purposes. It will also cover official sponsorships and engagements, as well as end-rounds like influencer campaigns.  Finally, the panel will discuss the fine line between fair use and infringement and how to talk to the marketing team about ambush marketing.

Tiffany Ferris

Partner Haynes Boone

LITIGATION AND ENFORCEMENT ROUND UP FOR THE ADVERTISING INDUSTRY

This session will cover recent advertising enforcement actions, guidance and rulemaking developments, including FTC expansion of the scope of sensitive information and the need for express affirmative consent to use and disclose it for advertising purposes, as well as litigation cases under the California Invasion of Privacy Act (and other state laws) regarding pixel use and wiretapping, pen registers, and trap-and-trace claims, and key takeaways for businesses to consider.

Marisol Mork

Partner Squire Patton Boggs

CLOSING REMARKS

NETWORKING RECEPTION