2018 ANA/BAA Marketing Law Conference

BASICS OF PROMOTION, SWEEPSTAKES, CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, but more than the key legal issues and the vocabulary you will need to best understand the rest of the conference. Also covered will be the rules and updated platform specific requirements for these types of promotions and a study of the latest in the evolving world of gaming ,gambling, fantasy sports, sports betting and major court decisions.

Barry Benjamin

Partner Kilpatrick Townsend & Stockton LLP

BASICS OF ADVERTISING: A BRAND NEW TAKE ON SUBSTANTIATION, DISCLOSURES & 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

COPYRIGHT AND TRADEMARK IN THE NEW ECONOMY

In the new economy, millennials and technology are the primary drivers of change. This breakout session will focus on several types of change that affect decision-making related to intellectual property issues in the advertising law field — including client expectations of pace of work, customer expectations of advertisements, new methods of advertising, creative ways to enforce intellectual property rights, corporate structure, and the use of advertising in litigation.  

Elizabeth Brenckman

Principal Fish & Richardson P.C

YOUR TRADEMARK MAY BE A FALSE ADVERTISEMENT

Selling Someone Else’s Product/using someone else’s mark-Scope of Fair Use for copyright/trademark; comparative advertising, indemnification  and more a review of trademark law, including the basics and the latest big issues in the legal arena including using a competitor’s trademark in hashtags, domain names and words and the difference if used in a competitor’s advertising or for diversion.

Jessica Kraver

Associate Katten Muchin Rosenman LLP

HOW TO NEGOTIATE AGENCY/CLIENT AGREEMENTS IN TODAY’S SENSITIVE ENVIRONMENT

This session will present the viewpoint of both the brand and the agencies in negotiating the tricky terrain of agency-client agreement in light of recent developments.

Sandra Leib

General Counsel DDB Chicago Inc.

PRICE & SALES ADVERTISING

Advertisers and retailers are facing increasing challenges regarding sale and price advertising and claim substantiation, and particularly in the context of multiple platforms, new technologies and shifting market. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation while walking through potential mine-field, and strategies for addressing dynamic pricing and geo-targeting.

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ETHICS FOR LAWYERS

Jack Sahl

Professor University of Akron Law School

REGULATED INDUSTRIES: ALCOHOL

The marketing of alcoholic beverages can be complicated. Brands must not only ensure that their marketing is directed to consumers who are above the legal age consumption, but must also navigate various federal and state laws and regulations related to the promotion and sale of alcoholic beverages. This session will cover some of the unique issues related to the advertising, promotion and marketing of alcoholic beverages.

Michael Schwab

Counsel Moritt Hock & Hamroff LLP

GDPR AND E PRIVACY: NEXT STEPS

This session will review both the scope of these far-reaching rules, the current status and likely future state of enforcement, changes, and best practices for running compliant programs.

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SPORTS MARKETING: LEAGUE PLAYER AND TEAM ISSUES AND AMBUSH MARKETING POST-OLYMPICS

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COMPELLED DISCLOSURE, THE FIRST AMENDMENT AND A NEW PATH FOR FCC ON PRIVACY & NET NEUTRALITY

This session will explore the current state of commercial speech doctrine, with particular emphasis on the increasing use of compelled disclosures and disclaimers. This will include a discussion of the extent to which recent developments concerning the Federal Communications Commission affect the law and best practices.

Ronald London

Of Counsel Davis Wright Tremaine LLP

THE RIGHT OF PUBLICITY VS. OTHER CONTENT CLAIMS

Your clients are obtaining rights in content created by media and other content creation entities accustomed to creating editorial as opposed to advertising content. What are best practices in disclosing the brand’s connection to the content when it is published in different forms and media, including as a vehicle or consideration for advertising placements and revenue shares? How does fake news play into this arena?

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THE ENDORSEMENT GUIDES, SPONSORSHIPS & THE LATEST IN FTC ENFORCEMENT

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NAVIGATING THE MURKY WATERS OF AD TECH

A renowned expert takes you on a trip through the turbulent waters of the multifaceted changes to the ad tech world, including those relating to transparency, GDPR, California Privacy Law, and programmatic advertising. Invaluable pragmatic learning!

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PROTECTING AGAINST CONSUMER FRAUD AND DATA PRIVACY CLASS ACTIONS

Learn the basics of preventing and defending consumer class actions alleging false advertising, consumer privacy, and data breaches, with insights into emerging trends in this space.

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THE EVOLVING USE OF BLOCKCHAIN IN CREATIVE, CONTRACT MANAGEMENT, AND MARKETING/ADVERTISING

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LOOKING BEYOND THE BORDERS

Increasingly, in-house counsel based in the U.S. are asked to take the lead or even responsibility for global compliance. Hear from in house counsel about practical tips for managing expectations and campaigns across global borders. The session will have a particular emphasis on looking north to Canada, why can’t you just be a 51st state? How recent legal and self-regulatory changes in Canada may impact your cross-border campaigns.

Catherine Bate

Partner Miller Thomson LLP

AUGMENTED REALITY, VR AND AI – MORE AHEAD

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ESPORTS: NEGOTIATING RIGHTS, TALENT & BRAND SAFETY

Learn how brands are engaging in the dynamic world of esports. This session will present real world examples of successful esports brand sponsorships and a practical guide to the esports landscape, including which questions to ask when it comes to rights, talent and brand safety.

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THIRD PARTY RIGHTS

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MORE TCPA LITIGATION IN THE NEW REGULATORY ENVIRONMENT

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THE LATEST HOT BUTTON ISSUES IN REAL TIME MARKETING & SOCIAL MEDIA, & NOW A PEEK AROUND THE CORNER

All the key issues in social media and real-time marketing with a unique team of panelists.

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CROSS-DEVICE LINKING: IOT, OBSOLESCENCE ISSUES & FUTURE TECHNOLOGIES

Ned Sherman

Counsel & Director Manatt, Phelps & Phillips LLP

HOT ISSUES IN IN-STORE RETAIL MARKETING – SCANNING, PAYMENT, AND BRANDING IN A CROWDED FIELD

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A PICTURE IS WORTH A THOUSAND WORDS (SOME UNINTENDED): THE RISKS OF IMAGERY IN ADVERTISING

Your claims have been vetted, the testing is complete, and the commercial is coming together. But will the images in the ad convey any unintended messages the substantiation cannot support? It happens. This session will review some of those commercials, the NAD and court decisions that followed, and ways in which advertisers can avoid the pitfalls of using imagery in advertising. 

Alexander Kaplan

Partner Proskauer Rose LLP

BREAKFAST ROUNDTABLES WITH THE EXPERTS

1 - NOT ALL FUN AND GAMES: PRACTICAL ANSWERS TO YOUR VEXING PROMOTION QUESTIONS

Larry Berney

General Counsel Don Jagoda

2 - WHAT'S LEFT OF CDA 230 IMMUNITY?

Alan Friel

Partner Baker Hostetler LLP

3 - AVATARS, CHATBOTS, AND OTHER DAUNTING FUTURISTIC MEDIA

Hannah Taylor

Counsel Frankfurt Kurnit Klein & Selz PC

4 - ALCOHOL MARKETING PROMOTIONS & MARKETING

Scott Schleifstein

Partner Cohen Silverman & Rowan LLP

5 - MADE IN USA CLAIMS

Lauren Aronson

Counsel Crowell & Moring LLP

6 - OVERCOMING DIFFICULTIES IN COMPLIANCE WITH COPPA

Katie Goldstein

Senior Counsel, CARU Unit ASRC

7 - THE DOS & DON’TS OF USING COPYRIGHTS & TRADEMARKS IN SOCIAL MEDIA

Michelle Cooke

Partner Manatt, Phelps & Phillips LLP

8 - COMPLIANCE WITH GDPR & THE CALIFORNIA PRIVACY ACT

Doron Goldstein

Partner Katten Muchin Rosenman LLP

9 - NEGOTIATING CLASS ACTION SETTLEMENTS

Jennifer Yang

Associate Proskauer Rose LLP

10 - HOW DOES GDPR AFFECT DIRECT MARKETING IN GERMANY & THE EU?

Søren Pietzcker

Partner Heuking Kühn Lüer Wojtek

11 - WARNING: NEW LABELING REQUIREMENTS UNDER CALIFORNIA PROPOSITION 65, AS AMENDED

Brian Bloom

Partner Moritt Hock & Hamroff LLP

12 - 2018 NAD CASES: TOP TEN TIPS & TAKEAWAYS

Aaron Taylor

Partner Davis & Gilbert LLP

13 - SPECIAL PROBLEMS: INSURANCE COMPANIES

Jason Holleb

Staff Attorney Allstate Insurance Company

14 - BUY AMERICAN, HIRE AMERICAN: MARKETING PRODUCT ORIGIN WITHOUT CROSSING RISKY LINES

Kristi Wolff

Partner Kelley Drye & Warren LLP

15 – INCENTIVIZING YOUR AGENCY: ARTIFICIAL INTELLIGENCE AND THE GDPR

Arne Neubauer

Associate Osborne Clarke LLP

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak

Senior Vice President, Law ANA

OPENING REMARKS

Bob Liodice

Chief Executive Officer ANA

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

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

Linda Goldstein

Co-Leader, Advertising, Marketing & Digital Media Practice Baker Hostetler LLP

NEW FRONTIERS IN TECHNOLOGY PLATFORMS AND AD TECH

An in-depth, hands-on look at how marketers are using new technologies, how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Kenneth Florin

Chairman Loeb & Loeb LLP

ADVERTISING REVIEW OF THE YEAR'S BIG CASES WITH THE REGULATORS

Marc Roth

Partner Davis Wright Tremaine LLP

THE FUTURE OF MEDIA: WHAT DOES INDUSTRY MERGER ACTIVITY MEAN FOR THE ADVERTISING INDUSTRY?

Christopher Cole

Partner Crowell & Moring LLP

FTC Policy and Enforcement Going Forward

Andrew Smith

Director, Bureau of Consumer Protection FTC

INFLUENCER MARKETING NATIVE ADVERTISING & USER GENERATED CONTENT

Moderator:

EMERGING TRENDS IN ADVERTISING LITIGATION

This session will address significant 2018 decisions 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 Simon

Partner, Co-Chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP

BRANDS & MUSIC – DEAL POINTS ON MUSIC LICENSING & USE AN OVERVIEW OF THE LEGAL ISSUES

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GALA: CHANGING GLOBAL AWARENESS OF GENDER ISSUES IN ADVERTISING

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ISSUES: DATA IN THE CONTEXT OF MARKETING POST-GDPR

Lauren Tang

Associate General Counsel, Marketing and Advertising Facebook

LOYALTY PROGRAMS: LITIGATION AND REGULATORY CONCERNS

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SUBSTANTIATING ADVERTISING RISKS FOR ACQUIRED PRODUCTS: HEIGHTENED RISKS & TIPS FOR AVOIDING THEM

The development or acquisition of a new product or new product category can be a major force driving corporate growth The campaign advertising for new products is vital to the development of the new product’s market share and consumers’ perception of the product. This panel will discuss best practices for reducing the chance that a new product’s launch campaign is interrupted or altered by lawsuits, NAD challenges or regulatory.

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PIRACY

Piracy is a worldwide problem and has been for decades if not centuries. The value lost through counterfeits is in the billions yearly. This panel will discuss the current and future state of counterfeiting, the legal tools available, and enforcement issues.

Rory Radding

Partner Locke Lord LLP

CAUSE MARKETING

Learn the latest about compliance for cause-marketing programs, including in social media. Topics include charitable sales promotions, donations at checkout and free-action programs. Case studies enliven this informative session. Receive a solid overview of compliance for each type of program, plus state-by-state reference materials.

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EXPERIENTIAL MARKETING

So-called experiential marketing includes an evolving spectrum of online, mobile and in-person invitations to interact with a product or service.  While the marketing team tries to determine how to measure the success of experiential, the legal team focuses on mitigating risk. This panel will explore the topic from the agency, brand client and media company perspectives.

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HOW TO SURVIVE AN FTC INVESTIGATION WITH A ROBUST ADVERTISING COMPLIANCE PROGRAM

Learn how to use tools, technology and training to improve your organization’s compliance profile – without over-taxing your legal team. Hear about the impact Microsoft’s compliance program had in the FTC’s Xbox One/Machinima endorsements inquiry, and how to efficiently leverage outside counsel as part of a compliance program.

Laura Kim

Partner, Vice Chair, Advertising & Consumer Protection Practice Group Covington & Burling LLP

DATA BREACH UPDATE: UNTANGLING THE COMPLEXITIES OF GLOBAL BREACH RESPONSE

Learn from the experts how to manage security breaches under the new EU General Data Protection Regulation and other foreign privacy laws, and how to protect against and deal with phishing attacks, malware, business email compromises, ransomware, and other evolving threats.

Melinda McLellan

Partner Baker Hostetler LLP

INTRODUCTION

Ed Kabak

Senior Vice President, Law ANA

LEGISLATIVE YEAR IN REVIEW

A leading expert on Washington politics and the economy brings you right up to date on developments in our industry and the country.

Dan Jaffe

Group Executive VP, Government Relations ANA

PURSUIT OF “TRUTH” IN ADVERTISING

The pursuit of “truth” in advertising has always driven the industry – and the regulators. But what does truth in advertising really mean today? The rapid evolution, transformation and radicalization of social media has made it more and more difficult to distinguish fact from fiction – and real news from fake news. Influencer marketing has transcended traditional celebrity models and become seeded into our everyday routine – and sometimes, we can’t tell what’s genuine. Marketers continuously struggle to cut through the noise and reach consumers in an authentic way. Meanwhile, the data brokers and social media platforms are collecting, channeling and analyzing a tsunami of data – a force behind the scenes of our daily lives that is only growing stronger. This year, come to challenge your preconceptions about truth and authenticity in the industry today. Whether you are a brand, agency, retailer, publisher, media or technology company, hear a fast-paced and exciting exploration of the digital  and social worlds we live in – and maybe a few other worlds as well.

Ronald Urbach

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

OMNI CHANNEL DREAMS AND NIGHTMARES

This session will highlight retail advertising’s shift to Omni channel communications to take advantage of the increased sales associated with the multitude of relevant customer contacts. Discussion of a wide variety of the legal issues that may have been over looked by the business and IT groups that have been largely tasked with implementing the brand’s Omni channel strategy.

Craig Cardon

Partner Sheppard Mullin Richter & Hampton LLP

TEN MAJOR CONTRACT CLAUSES EVERY MARKETING LAWYER CAN'T DO WITHOUT

Advertising law is a super-specialized area. At the same time, however, advertising lawyers need to know at least a little bit about lots of different areas of law: false advertising, unfair competition, copyright, trademark, right of publicity, privacy, employment, labor, regulatory… and of course, contracts. It takes a village to launch an advertising campaign, and the advertising lawyer needs to be familiar with a broad range of agreements to get the job done.

Hear esteemed counsel pick about a dozen contract provisions that every advertising lawyer needs to have in her form riles. This isn’t going to be a presentation about drafting (although the speakers will share their “best” versions of the provisions); instead, they will explore why the selected provisions are important, how these provisions get negotiated, and what might happen if your forget to include them in your contracts. Here are some areas of coverage:

• Representations and warranties you want to have from your influencers
• Idea submission waivers (and the unexpected places where you should have one)
• Union assumption provisions in agency-client agreements, music licenses, and feature co-promotion deal
• Morals clauses for talent agreement in this #metoo Era
• What “post-term” provisions should you include in talent agreements, content licenses and other agreements?
• Model releases in 2018
• “Special Provisions” to include in a performer agreement for spots produced under the SAG-AFTRA low budget digital waiver
• Terms of Service for that little app you are developing for your client
• Securing consent to “regram” content (what are the options?)

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AN ALL- STAR PANEL ON THE SHARED ECONOMY

How the business model affects communications, the enforcement of community guidelines, and the complex world of consumer reviews.

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Topic: THE WILD WIDE WORLD OF AUGMENTED REALITY

Don McGowan

Chief Legal Officer & Business Affairs The Pokémon Company International, Inc

THINKING BIG – HOW TO PREDICT THE FUTURE OF INDUSTRY, COMMUNICATION, AND SOCIETY!

(Or, a discussion of negotiating celebrity and influencer-branded endorsement deals)

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CHILDREN'S ADVERTISING, CARU, COPPA, CONNECTED TOYS & CHILD INFLUENCERS

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GLOBAL SOCIAL MEDIA: KEY ISSUES AND LEARNING IN MERGERS, ACQUISITIONS, CONTRACTS & MANAGEMENT

Aba Rogers

Counsel Corporate Finance and Mergers & Acquisitions The Coca-Cola Company

STATE ATTORNEY GENERAL POLICY & ENFORCEMENT

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THE MAKING OF THE GRAMMY MOMENT: HOW INTEL HELPED LADY GAGA BECOME DAVID BOWIE

Sidney Fohrman

Partner Sheppard Mullin Richter & Hampton LLP

THE HIGHS & LOWS OF CANNABIS MARKETING – WHATS NEXT IN THE U.S. & CANADA

Sarah Robertson

Partner Dorsey & Whitney LLP

THE NEW CALIFORNIA PRIVACY LAWS

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RETAIL AND FOOD CLAIMS

The ways in which retailers and food companies need to work together on claims. What happens when retailers put a product in a specific shelf category that also doubles as a claim, and the requirement that store products need to meet certain claims; competitive claims against food companies.

Laura Protzmann

Associate General Counsel Kind Snacks

PROTECTING YOUR BRAND, AND CORPORATE REPUTATIONAL MANAGEMENT

Meredith Levins

Marketing & Commercial Counsel Airbnb

PROTECTING SOCIAL MEDIA AGAINST BOTS, FAKE PROFILES, & AUTOMATION PROGRAMS

Bots, fake profiles, automation programs- these issues are affecting social media every day. From fake followers and the Twitter purge to the bot programs running rampant on Instagram, companies are starting to address such rapid changes and ensure social media/digital strategies protect against such issues. A company’s brand image and ROI may be affected if the company does not take proactive steps to take a stance against the proliferation of bots, fake profiles, and automation programs.

Christina Kwok

Counsel Beiersdorf

Please Note: Speakers, sessions, locations and dates are subject to change by the ANA without prior notice. FTC sessions are open to the public (reservations required).