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Legal Affairs

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INTRODUCTIONS AND WELCOME (10:00-10:05 AM)

I.    INDUSTRY ACTIVITIES ON AD BLOCKING (10:05 – 11:00 AM)
With a reported 200 million people worldwide (and growing) using ad blockers, what are the next steps for the advertising industry? The future of the ad-supported internet (and billions of dollars) is at stake. How do we find the balance between supporting free content while delivering ads consumers want? Are there viable legal options here?

Speaker:
Michael Signorelli, Partner, Venable LLP

II.    ANA PATENT INFRINGEMENT DEFENSE INSURANCE (11:00 –11:15 AM)
The ANA has announced a program to provide members with focused patent infringement defense insurance protection for marketing and advertising activities. Patent assertion entities (PAEs), sometimes referred to as patent trolls, are firms which have the sole business of asserting patent claims against targeted companies, costing those companies millions of dollars in fees in order to defend against the claim. In the advertising space, PAEs have been increasingly in the news by claiming ownership of many common advertising practices. As a result, marketers and/or their agencies could be faced with demands to pay large fees to PAEs that have not provided any direct services or technology to an advertising campaign, or, in many cases, contributed to any innovation. Furthermore, patent infringement is not covered under standard advertising liability policies, and thus far, standalone policies for patent infringement haven't met the specific needs and core concerns of members. To address this issue, the ANA Patent Infringement Defense Insurance Program provides members with focused patent infringement defense insurance protection for marketing and advertising activities. This session will provide an overview of the program.

Facilitators:
Alex Fjelstad, Retail Insurance Broker, Twin City Group
Marc Kaufman, Partner, Reed Smith LLP

III.    GOVERNMENT RELATIONS REPORT (11:15 AM – 12:00 PM)
Congress has a number of unfinished items on its agenda for 2015 – a budget, a highway bill, the debt ceiling, etc., and not very many days left. There’s also a new leadership team on the Republican side in the House of Representatives and the first presidential primaries are just three months away.  What does this all mean for the likelihood of tax reform (and will the ad deduction continue to be a target)? What about the prospects for privacy and data security legislation or patent reform? And why has Hillary put prescription drug ads under the microscope?

Speaker:
Dan Jaffe, Group Executive Vice President, ANA

WORKING LUNCH:  WHAT’S KEEPING YOU UP AT NIGHT? (12:00 – 12:45 PM)
As we prepare for the upcoming 2016 ANA Advertising Law & Public Policy Conference, we want to find the new and key issues that other conferences aren't covering adequately and help you develop strategies for confronting and dealing with them. So what's keeping you up at night? What are the issues that haven't gotten a lot of play but are affecting your day to day business? Bring your issues to the table and let’s discuss!

IV.  THE FUTURE OF THE EU-US SAFE HARBOR AGREEMENT (12:45 - 1:15 PM)  
Earlier this month, the European Court of Justice (CJEU) invalidated the EU-US Safe Harbor Agreement, a series of principles concerning the protection of personal data, over concerns about the activities of US intelligence services revealed in the documents released by Edward Snowden. This decision raises potentially serious barriers to international information transfer that, if not resolved, could hobble businesses that operate both in the United States and Europe. This session will explain what this decision could mean for advertisers who collect and use personal data from consumers on both sides of the Atlantic.

Speaker:
Mark Melodia,
Partner, Reed Smith LLP
Paul Bond
, Partner, Reed Smith LLP

V.  UPDATE ON THE TRUSTWORTHY ACCOUNTABILITY GROUP (1:15 -2:00 PM)
We will provide an update on the activities of the Trustworthy Accountability Group (TAG). TAG is a joint marketing-media industry program created by three leading trade organizations, the Association of National Advertisers (ANA), the Interactive Advertising Bureau (IAB) and the American Association of Advertising Agencies (4As), with a focus on four core areas: eliminating fraudulent digital advertising traffic, combating malware, fighting ad-supported internet piracy, and Promoting brand safety through greater business transparency.

Speaker:
Juliette Riviere, Senior Director of Compliance Programs, Trustworthy Accountability Group (TAG)