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Legal Affairs

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WELCOME AND INTRODUCTIONS (10:00 – 10:15 AM)

I.    THE ANA/WOMMA PARTNERSHIP (10:15 – 11:00 AM)
Earlier this month, the ANA acquired the Word of Mouth Marketing Association, or WOMMA. Tony DiResta of Holland & Knight and WOMMA’s General Counsel will discuss the importance of WOMMA in the social media ecosystem, including its code of ethics and social media disclosure guidelines, its relationship with the Federal Trade Commission, and how the new partnership with ANA can benefit our members.

Speaker:
Anthony E. DiResta, Partner, Holland & Knight LLP

II.    RECENT DEVELOPMENTS IN THE COURTS (11:00 – 11:45 AM)
Bob Corn-Revere of Davis Wright Tremaine LLP will discuss notable developments in cases addressing commercial speech and the First Amendment. He will analyze In re: Brunetti, the recent decision of the U.S. Court of Appeals for the Federal Circuit, in which the court invalidated Lanham Act Section 2(a)’s prohibition on “immoral” or “scandalous” trademarks as a violation of the First Amendment. He will also discuss a series of recent cases in the Ninth Circuit that threaten to expand the boundaries of compelled commercial speech, an issue that may well be headed to the Supreme Court. These cases include American Beverage Ass’n v. City & Cty. of San Fran., 871 F.3d 884 (9th Cir. 2017), CTIA-The Wireless Association v. City of Berkeley, 854 F.3d 1105 (9th Cir. 2017), reh’g denied, 873 F.3d 774 (9th Cir. 2017), and Nationwide Biweekly Admin., Inc. v. Owen, 873 F.3d 716 (9th Cir. 2017).

Speaker:
Bob Corn-Revere, Partner, Davis Wright Tremaine LLP

III.    WASHINGTON UPDATE (11:45 AM – 12:15 PM)
ANA’s Dan Jaffe will provide an update on what’s next in the New Year from the Trump Administration and Congress with tax reform all wrapped up. Will the focus turn next to data security and privacy, as it has on the state level? There’s also increasing activity on the prescription drug advertising front as well as with industry self-regulation. Plus, with midterm elections looming, what will the political environment be like in 2018?

Speaker:
Dan Jaffe,
Group Executive Vice President, Government Relations, ANA

IV.    NEW YORK RIGHT OF PUBLICITY LEGISLATION (12:15 - 12:30 PM)
New York State, which currently recognizes a statutory right of privacy, has legislation (A. 8155(A) & S. 5857 (A)) that would create an expansive new right of publicity. The legislation creates a news post-mortem right of publicity and expands the right of publicity for the living. If passed, the bills will affect the advertiser’s creative and production capabilities. The legislation has strong support in the New York Assembly may move sometime in January. While supporting the concept, the New York Senate is being more cautious.  We will discuss both the politics and the substance of the legislation.

Speaker: 
David Donovan, President, New York State Broadcasters Association, Inc.
 
LUNCH (12:30 - 1:00 PM)

V.    THE USOC AND LIBERTY MUTUAL OLYMPIC PARTNERSHIP (1:00 – 2:00 PM)
Sponsorships are vital to the economic health of Team USA and the U.S. Olympic Committee. With the Winter Olympics in Pyeongchang, South Korea fast approaching, Mitch Poll of the USOC will highlight how the Olympic Committee works with brands and how it activates to expand the message of support for the U.S. athletes. He will be followed by Chris Sloan of Liberty Mutual, a Team USA sponsor since 2013, who will discuss the issues Liberty Mutual looks for in terms of value or activation for sponsorships, why the USOC is a good match for the company, and a few of the legal issues to flag for sponsorships in general.

Speakers:
Mitch Poll, Senior Vice President, Partnership Marketing, United States Olympic Committee
Christopher Sloan, Assistant Vice President & Senior Corporate Counsel, Liberty Mutual