ANA Law 1-Day Conference, Hosted by Loeb & Loeb LLP (In-Person & Virtual)

WELCOME REMARKS

AI PLATFORMS - UNDERSTANDING AND NAVIGATING LEGAL RISKS IN CREATING ADVERTISING AND ENTERTAINMENT

Learn how to identify potential legal issues, develop strategies to mitigate risk, and gain insight into the latest developments in the legal landscape. Get the tools you need to protect your business and stay ahead of the curve.

Ryan Martin

Associate Loeb & Loeb LLP

THE PEOPLE V. SEPHORA: HOW THE FIRST CALIFORNIA CONSUMER PRIVACY ACT ENFORCEMENT DECISION COULD INFLUENCE YOUR ADVERTISING ACTIVITIES

The California Office of the Attorney General (OAG) entered into a settlement agreement with Sephora following an investigation into Sephora’s consumer privacy practices, including its collection, use, and sale of consumers’ online activities and other personal information.  Sephora agreed to pay over $1 million in penalties and submitted to injunctive relief, including ongoing supervision by the OAG. This program will explore the marketing techniques that captured the OAG’s attention and the broad impact of the California Consumer Privacy Act on the collection, use, and sale of customer information across the country. You’ll leave this session with an overview of lessons learned from the OAG enforcement action and an understanding of how your company may need to adapt its marketing methods to comply with the CCPA and avoid the OAG’s scrutiny now that the CCPA’s notice and cure provisions have expired.

Lynn Parker Dupree

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

IMMERSIVE, CONNECTED, DECENTRALIZED: THE PROMISE AND DISRUPTION OF WEB3

This presentation will discuss various promises and challenges presented by the immersive experiences made possible by Web3 (like the metaverse), including privacy and data collection considerations, intellectual property ownership and licensing in light of the decentralized nature of blockchain technology, and advertising and regulatory developments (including dark patterns, loot boxes, cyber scams)

Melanie Howard

Chair, Intellectual Property Protection; Chair, Luxury Brands; Deputy Chair Loeb & Loeb LLP

UNLEASHING A NEW TECHNOLOGY CONSUMER PROTECTION AGENDA

Almost two years into FTC Chair Khan’s tenure, many of the pieces are falling into place, giving us a better understanding of how the agency, under her leadership, will address current and emerging tech issues. From privacy cases that create new standards for the sharing of health data to rulemakings that have the potential to closely control how many transactions occur online to policy statements that set expectations about AI claims, the pieces are coming together. Hear our panelists discuss where things stand and where things may be heading.

Daniel Kaufman

Partner BakerHostetler

ENVIRONMENTAL, SOCIAL, GOVERNANCE (ESG) ADVERTISING

The marketing of Environmental, Social and Governance (ESG) messaging has created legal challenges for brands and agencies. Our panel will examine the latest enforcement activity, trends in self-regulation and the Federal Trade Commission (FTC) process of revising its Green Guides.  We will explore practical guidance for ESG initiatives including the marketing of “Net Zero”, product health & safety claims, ingredient-sourcing, “clean” label, and aspirational claims.

David Mallen

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

CLOSING REMARKS