2017 ANA/BAA Marketing Law Conference

The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses builds on its reputation as the broadest marketing advertising and privacy law conference with deep practical legal content, fruitful networking, and major CLE credits. Deep dives into all aspects of marketing and advertising law, social and digital Media, IP and privacy, FTC, State A.G. and self-regulation (NAD, CARU), Lanham Act, and Class Actions, with many new sessions to be added. Hear from 135 of the nation's leading inside and outside counsel and federal, state, and self-regulatory officials. In 2016, there were 730 attendees with over 210 major brands present. Keynote: Thomas Pahl, Acting Director of the FTC’s Bureau of Consumer Protection.

Law Conference Co-Chairs: Cisca Brouwer, Associate General Counsel, Snap Inc.; Amanda Conti-Duhaime, Lead Counsel, Advertising, Marketing, and Promotion, Fiat-Chrysler Automobiles; Doron Goldstein, Partner, Katten Muchin Rosenman LLP; and Brent Sanders, Associate General Counsel, Microsoft

Brands speaking to date include: Fiat-Chrysler, Snapchat, Avis, Citibank, Coca-Cola, Facebook, Google, Meijer, Mastercard, Microsoft, Netflix, McDonald’s, Sony, Cablevision/Altria, Mondelez, Target, T-Mobile, Twitter, Whistle Sports, Whole Foods, and many more to be announced!

The hashtag for this conference is #MarketingLaw

Sponsorship opportunities for this year's Law Conference - contact Ed Kabak at 646-708-8123 or ekabak@ana.net

when

Start: Monday, November 13, 2017 at 1:00pm

End: Wednesday, November 15, 2017 at 4:00pm

WHERE

Marriott Chicago Downtown Magnificent Mile
540 N Michigan Avenue
Chicago, IL 60611

The ANA has negotiated a special room rate of $309/night. In order to use the ANA rate, you must be registered to attend the conference. A reservation link will be provided under the "Important Information" section of your conference registration confirmation email. The cut-off date is Friday, October 20 2017, after which prevailing rates apply.

Registration Pricing

Early-bird pricing is in effect through 09/18/2017
ANA Associate Gold Associate Silver Associate Individual Non Member
Registration
Conference Registration ANA $1,795 Associate Gold $1,795 Associate Silver $1,995 Associate Individual $2,195 Non Member $2,195
Registrant Events
Add Binder (All registrants will receive conference materials on a flash drive. For an additional cost, you have the option to add a printed binder. Binder can be shipped directly to the registrant’s home or office or picked up onsite at the conference.) ANA $100 Associate Gold $100 Associate Silver $100 Associate Individual $100 Non Member $100

ANA Members & Associate Gold Members may take advantage of special corporate pricing of $4,800 for up to three members from the same company. Please note that no refunds of any kind are available for corporate packages, and we cannot split payments between credit cards. Please click here to take advantage of this special rate. Please visit our website at http://www.ana.net/members/associatelist to see if your company is an Associate member and here at http://www.ana.net/members/list to see if your company is an ANA member.

For issues processing your registration or other frequently asked questions, please refer to  this page.



Agenda

Co-Chairs:

Cisca Brouwer
Associate General Counsel
Snap Inc.

Amanda Conti-Duhaime
Lead Counsel
Fiat-Chrysler

Doron Goldstein
Partner
Katten Muchin Rosenman LLP

Brent Sanders
Associate General Counsel
Microsoft

TIME EVENT DETAILS LOCATION
Monday, November 13, 2017
11:00am Registration Opens

1:00pm Breakout Sessions

Basics of Promotion, Sweepstakes, Contests and Gaming/Fantasy Sports

This session will provide an introduction to sweepstakes and skill contests, including the key legal issues and the vocabulary you’ll need to best understand the rest of the conference.  Also covered will be the rules and requirements for these types of promotions and a study of the latest on the conflicted world of fantasy sports.

Moderator: 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 pre-requisites 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. If you’re new to advertising, this session will give you the information you need to put later sessions into context. Even if you’ve been doing this for a while, this presentation will put a fresh spin on important topics.

Moderator: Gonzalo Mon
Partner Kelley Drye & Warren LLP

Transformative Trademarks & Other Key Issues

A review of trademark law, including the basics and the latest big issues in            the legal arena.

Kristin Achterhof
Partner Katten Muchin Rosenman LLP

Ethics for Lawyers

John P. Sahl
Professor University of Akron Law School

How to Negotiate the New Agency/Client Agreements

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

Moderator: Robert Driscoll
Partner Davis Wright Tremaine LLP
Sandra Leib
General Counsel DB Chicago
2:05pm

Price and Sale Advertising-A Dynamic Landmine?

Moderator: Jason Howell
Partner Perkins Coie LLP
Brandi van Leeuwen
Senior Counsel Meijer
Mark Richardson
Director Counsel, Merchandising & Marketing The Target Corporation
Maureen Kats
Senior Counsel Pet Smart

State A.G. Policy Enforcement Priorities in Consumer Protection – The Last Line of Defense?

This session will cover important development in State AG policy and enforcement, including in the much debated privacy area.

Moderator: Richard Lawson
Partner Manatt, Phelps & Phillips LLP
Joanne McNabb
Director of Privacy Education and Policy Office of the California Attorney General, Cal DOJ

3rd Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions

Mary A. Carragher
Chief Counsel, Trademarks N.A. /L.A. Mondelez
Eric Fleisig-Greene
Associate Director, Legal Twitter

Case Study in Theater and Film Promotions

Gina Reif Ilardi
Partner Jenner Block LLP
Rachel Kimbrough
SVP Business & Legal Affairs STX Entertainment
Kesari Ruza
VP Legal Affairs HBO

Regulatory Oversight of European and Canadian-and American Consumer Marketing as 2018

Data and personal information flow across international borders is essential to today’s global marketplace.  But, with different and evolving standards in various jurisdictions, it can be hard to keep up. And the GDPR effective in early 2018, may throw the whole US-Europe system into chaos.  Hear from both in-house and external legal perspective on developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate
Partner Miller Thomson LLP
3:05pm

Compelled Disclosure, the First Amendment and a New Path for the FCC on Privacy and 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.

Moderator: Robert Corn-Revere
Partner Davis Wright Tremaine LLP

Best Practices for Brands Negotiating Sports Marketing Agreements

What are best practices in representing leagues and team and brands concerning sports marketing. An advanced practical session.  

Brian Fergemann
Sr. Counsel McDonald’s

The Right of Publicity vs. Fake News and 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?

Moderator: Rick Kurnit
Partner Frankfurt Kurnit Klein & Selz PC
Eric Baum
SVP, Business & Legal Affairs Sony
Greg Brehm
Vice President & Associate General Counsel Buzzfeed
Steve Weissman
VP & Deputy General Counsel Time Inc.

Autonomous Cars & Other Devices

Moderator: John Feldman
Partner Reed Smith LLP
Kimberley Chainey
Associate General Counsel Avis Budget Group, Inc.

Natural Claims/Consumer Class Actions

Eileen Patt
Associate Kramer Levin Naftalis & Frankel LLP
4:05pm

Best Transactional Practices for the Programmatic Advertising Ecosystem

Moderator: James Taylor
Partner, Advanced Media/Technology Loeb & Loeb LLP
Brett Celedonia
Senior Counsel, Digital Media, Advertising/Marketing Netflix Inc.

The Shared Economy: Disruption Continues

Moderator: David Ervin
Partner Crowell & Moring LLP
Alicia Del Valle
Senior VP & Marketing Counsel Airbnb

Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising

Moderator: Jamie Rubin
Partner Information Law Group LLP
Susan Cooper
Dir. & Associate General Counsel, Advertising & Privacy Facebook
Matthew Beebe
Product Counsel Snap.com

Connected and Dissected– The Cross Device Ecosystem, the Internet of Things & the Role of Regulation

Co-Moderator: Alan Friel
Partner Baker Hostetler LLP
Steve Kim
Associate General Counsel Spotify
Ashish Chordia
CEO & Founder Alphonso TV
5:05pm

Using Entertainment Marketing To Build Your Brand

Jane Pollack
Chief Counsel, Advertising & Sponsorships Citicorp
Molly Malouf
Director, Legal Affairs T-Mobile USA
Moderator: TBD
Winston & Strawn

TCPA Litigation in the New Regulatory Environment

Moderator: Terese Arenth
Partner Moritt, Hock & Hamroff LLP
Alycia Horn
Vice President & Deputy General Counsel Comcast

The Latest Hot Button Issues in Real Time Marketing & Social Media

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

Moderator: Joseph Lewczak
Partner Davis & Gilbert LLP
Aba Rogers
Counsel Worldwide Licensing & Global The Coca-Cola Company
Caroline Selfridge
Managing Counsel Intel
Joseph Khanna
Sr. Managing Counsel, Marketing & Communications MasterCard

A Weapons Spectrum of Trademark Challenges

Moderator: Cynthia Walden
Principal Fish & Richardson PC

Best Practices in NAD Proceedings

Moderator: Ross Weisman
Partner Kirkland & Ellis LLP
6:00pm Cocktail Party  

Tuesday, November 14, 2017
7:00am Registration Opens

7:15am Breakfast  

Roundtable Breakfasts with the Experts

Titles & Speakers – To be announced

Alcohol Marketing – The Whole Picture

Scott Schleifstein
Partner Cohen Silverman Rowan LLP

European Laws: Financial Transparency Issues

Clair Bouchenard
Partner Osborne Clarke LLP

Consent, Fines & Revocation under the TCPA

Christine Reilly
Partner Manatt, Phelps & Phillips LLP

Topic TBA

Brian Bloom
Partner Moritt Hock & Hamroff LLP

Navigating State Security Breach Laws

Katherine Riley Townley
Attorney Kelley Drye & Warner LLP

Topic TBA

Brie Janke
Senior Counsel The Procter & Gamble Company
8:15am General Session

Welcome & Introduction of Co-Chairs

Ed Kabak
Senior Vice President ANA

Opening Remarks

Bob Liodice
Chief Executive Officer ANA

Year in Review, Sweepstakes, Contests, Privacy, Digital & Social Media

A master of the arts gives 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 A. Goldstein
Chair 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.

Moderator: Kenneth Florin
Deputy Chairman, Chair, Advanced Media & Technology Dept. Loeb & Loeb LLP
10:40am Networking Coffee Break  

11:05am General Session Cont.

The Complex Interface: Native Advertising, Influencer Marketing & User Generated Content

Moderator: Amy R. Mudge
Partner Venable LLP

Negotiating & Using Consumer Friendly Big Data: Strategies for Compliance & Effective Marketing

Moderator: Doron Goldstein
Partner Katten Muchin Rosenman LLP
Kate Eguchi
Senior Transactional Counsel Whole Foods
TBD
Procter & Gamble
1:00pm Luncheon and Keynote Speaker

Thomas Pahl
FTC, Acting Director Bureau of Consumer Protection
2:00pm General Session Cont.

As American as Apple π : Automobile Advertising and Promotions Charge into The Future

Moderator: Benjamin Mulcahy
Co-Chair, Trademark Advertising & Unfair Competition Practice Jenner & Block LLP
Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing & Promotion Fiat-Chrysler

Augmented, Virtual & Mixed Reality, and AI

Moderator: Brian Heidelberger
Partner Winston& Strawn LLP
Gabe Karp
Chief Development Officer Marxent Labs
Nicolas Johnson
Partner Osborne Clark LLP
Andrea Sander
Marketing Attorney Microsoft
3:55pm Networking Coffee Break  

4:20pm Breakout Sessions

Brands & Music – Deal Points on Music Licensing & Use

An overview of the legal issues.

Moderator: A.J. Correale
Member Frost Brown Todd LLC

Global Advertising GALA

Moderator: Cisca Brouwer
Associate General Counsel Snap Inc.

E-Sports: Negotiating Rights, Talent & Brand Safety

Suemyra Shah
VP Legal & Business Affairs Whistle Sports

Shakedown Street: Cyber Extortion, Data Breach and the Business of Bitcoin

Since “the year of cyber extortion” in 2016, organizations have been required to adapt to the new age of cyber-attacks. Additionally, anyone in the breach business has been required to adjust cadence and create new service lines in order to help companies respond. In this session, the audience will get to hear some of the wildest extortion stories while focusing on the legal and security challenges that organizations are faced with throughout a cyber extortion incident. How do you pay? When do you pay? Who are you paying? What happens if you don’t pay?

What you’ll take away:

•Understand what legal, privacy and security challenges companies face when going through these types of incidents

•Learn about the world of bitcoin

Moderator: Theodore J. Kobus
Chair Data Privacy & Data Security Practice Baker Hostetler LLP
Brett Anderson
Breach Response Service Manager Beazley
Jason Rebholz
Vice President The Crypsis Group
5:15pm

Optimizing Compliance through the Lawyer Client Interface

Adam Solomon
Partner Michelman Robinson LLP
Patricia Doyle
Senior Advertising Law Compliance Manager Microsoft

What’s New in Consumer Class Actions?

Moderator: Lawrence I. Weinstein
Partner Proskauer Rose 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. 

Moderator: Edward Chansky
Shareholder Greenberg Traurig LLP

Protecting and Enforcing Your Brand in the Intellectual Property Domain Name and App Arenas

Moderator: Jason Mueller
Partner Locke Lord LLP
Wednesday, November 15, 2017
7:15am Breakfast

8:15am General Session

Introduction

Ed Kabak
Senior Vice President 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

The Current and Future History of Advertising, Media and Production Companies

Moderator: Ronald Urbach
Chairman & Co-Chair of the Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
9:55am Networking Coffee Break

10:15am General Session Cont.

Advertising Review- Top Developments of the Year

This panel will cover the major legal developments in the past year that had the greatest impact on the advertising/marketing landscape.  Federal and state regulatory and industry self-regulation leaders will discuss the major actions taken by their offices in the last year in the areas of social media disclosures, claim substantiation, pricing claims, privacy/data security, and automatic renewal offers.  They will discuss their current “hot” topic agenda items and offer insights as to what areas of the law might come under scrutiny next. These panelists will provide the “thinking” behind the actions and provide attendees with the tools they need to stay complaint in this rapidly changing landscape. 

Moderator: Marc Roth
Partner Davis Wright Tremaine LLP
Leslie Fair
Senior Attorney FTC, Bureau of Consumer Protection
Martin Zwerling
Deputy Director Council of Better Business Bureau
Paul Singer
Deputy Chief Consumer Protection Office of the Texas AG

“Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added Elements”

This session explores what advertisers and agencies need to think about when doing media deals that involve elements other than the purchase of standard ad space/time.  The standard AAAA-IAB insertion order doesn’t delve into this with the requisite detail (a fact recognized by both publishers and agencies/brands), and this is something our clients struggle with all the time.  This session will explore issues relating to rights clearance, custom content production, SAG-AFTRA, disclosure, regulatory and promotion issues.

Co-Moderator: Jeffrey A. Greenbaum
Managing Partner Frankfurt Kurnit Klein & Selz, PC
Co-Moderator: Brian Murphy
Partner Frankfurt Kurnit Klein Selz P.C.

Advertising Litigation

Moderator: Norman C. Simon
Partner Kramer Levin Naftalis & Frankel LLP
1:10pm Luncheon

1:45pm Networking Coffee Break and Dessert

2:15pm Breakout Sessions

Connected Toys for Girls & Boys - Children’s Advertising & CARU

Co-Moderator: Allison Fitzpatrick
Partner Davis & Gilbert LLP
Nur-ul-Haq
Vice President, Counsel, Kid’s Compliance Viacom
Angela Tiffin
Senior Staff Attorney Advertising Self-Regulatory Council/CARU

The Art of the Social Media Deal

Today’s consumers want community and authenticity in their brand experiences. Once on the periphery, influencer marketing is now on the forefront of brand connections with their consumers.  There are, however, some important rules of the road before you leap. The FTC has long been engaged in pushing endorsers to disclose their material connections with brands; the FTC is increasingly training its sights on influencer marketing.  Following a spate of letters this spring from the FTC, it’s more important than ever to make sure that sponsorship disclosures are front and center and that brands don’t lose control if something goes awry.  Join panelists in a behind-the-scenes discussion of the rewards of using influencers, the FTC’s perspective, and the must-have components of an influencer compliance program.

Moderator: Phyllis Marcus
Counsel Hunton & Williams LLP
Stacy DeBroff
CEO & Founder Influence Central
Serena Viswanathan
Assistant Director, of Advertising Practices FTC

Complex Loyalty Programs

Moderator: Melissa Landau Steinman
Partner Venable LLP

Mobile Marketing and Payments: New Wine in New Bottles?

Paul Twarog
Director, Legal Google
Josh Yaker
Vice President and General Counsel HelloWorld
3:15pm

Celebrity/Sports Talent: A Practical Contract and Negotiating Guide to Deals

Theresa Harris
Senior Counsel The Target Corporation

Primer on Substantiating Advertising Claims

Moderator: Alexander Kaplan
Partner Proskauer Rose LLP

Complications of Consumer Review

Moderator: TBD
4:10pm Conference Adjournment


Cancellation Policy and Notes

Single ANA member and non-member conference registrations can be cancelled in writing only via email (registration@ana.net). Phone cancellations are not accepted. A 50% refund will be granted, if written request for cancellation is received by email 60 calendar days before the conference start date. No refunds will be granted for any cancellations received less than 60 days out or for 'no shows.' Corporate packages are not eligible for cancellation. Unused registrations/applications have no monetary value and cannot be credited to future years or events. ANA will not issue refunds or credits due to failure to redeem a discount coupon during the registration process. A $125 processing fee will be assessed to change the name on a registration. Hotel room cancellations must be sent directly to the hotel. Please contact the hotel for further details.

Miscellaneous:
     1. The conference agenda is subject to change.
     2. A portion of your guest room rate will be used to offset conference costs.
     3. ANA accepts no responsibility for the loss of, or damage to, personal property.
     4. Registrations received after two weeks prior to the conference may not be included in the attendee list.