2017 ANA/BAA Marketing Law Conference

This event is over.

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 & Promotion, FCA US LLC; Doron Goldstein, Partner, Katten Muchin Rosenman LLP; and Brent Sanders, Assistant General Counsel, Microsoft Corporation

Brands speaking to date include: Fiat-Chrysler, Snap, Airbnb, Avis, American ExpressBuzzfeed, Citibank, Coca-Cola, ComcastDunkin’ Brands, Dyson, Facebook, Google, HBOIntel, Meijer, Mastercard, Major League Soccer, Microsoft, Netflix, McDonald’s, Oculus VR, Sony, PetSmart, Procter & Gamble, Cablevision/Altria, Mondelez, Revlon, Target, T-Mobile, Twitter, Twitch TVTurner Sports, Verizon, Whistle Sports, Whole Foods, and many more.

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


Agenda

Co-Chairs:

Cisca Brouwer
Associate General Counsel
Snap Inc.

Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing & Promotion
FCA US LLC

Doron Goldstein
Partner
Katten Muchin Rosenman LLP

Brent Sanders
Assistant General Counsel
Microsoft Corporation

TIME EVENT DETAILS LOCATION
Monday, November 13, 2017
11:30am Registration Opens

7th Floor Registration
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
Chicago FGH

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. 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
Chicago ABC

Transformative Trademarks and Brands & Politics

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

Kristin Achterhof
Partner Katten Muchin Rosenman LLP
Stacy Chronopoulos
Chief Trademark Counsel Wm. Wrigley Jr. Company
Denver/Houston/Kansas City

Substantiating Advertising Claims: Views from Inside and Outside Counsel

Substantiation for advertising claims is one of the most important and challenging matters that marketers and their lawyers face. We will explore issues and questions that frequently arise in developing support for claims, evaluating claims by competitors, how inside counsel can work successfully with marketing and R&D, and how inside and outside counsel can most effectively and efficiently work together.

Moderator: Alexander Kaplan
Partner Proskauer Rose LLP
Candace Sady
Chief Marketing Counsel Hill's Pet Nutrition
Chicago D

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 in light of recent developments.

Moderator: Robert Driscoll
Partner Davis Wright Tremaine LLP
Sandra Leib
General Counsel DDB Chicago Inc.
Daniel Nemet-Nejat
Associate Counsel Home Box Office
Chicago E
2:00pm

Price and Sale Advertising - A Dynamic Landmine?

Advertisers and retailers and facing increasing challenges regarding sale and price advertising and claim substantiation. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation, and strategies for addressing dynamic pricing and geo-targeting.

Moderator: Jason Howell
Partner Perkins Coie LLP
Brandi Van Leeuwen
Senior Counsel Meijer Inc.
Mark Richardson
Director Counsel, Merchandising & Marketing Target Corporation
Maureen Kats
Senior Counsel PetSmart Inc.
Chicago ABC

State AG 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
Jordan Adler
Asst. Attorney General, Bureau of Internet & Technology, N.Y. State Office of the Attorney General
Brad Schuelke
Asst. Attorney General, Internet & Privacy Team, Consumer Protection Div. Texas Office of Attorney General
Chicago E

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

Co-Moderator: Aaron Taylor
Partner Davis & Gilbert LLP
Co-Moderator: Melanie Howard
Partner Loeb & Loeb LLP
Mary A. Carragher
Chief Counsel, Global Marketing & Media Mondelez International, Inc.
Kristin Manley
Associate Legal Director, Marketing Twitter
Brian Fergemann
Sr. Counsel McDonald’s Corporation
Chicago D

Case Study in Theater and Film Promotions

Moderator: Gina Reif Ilardi
Partner Jenner Block LLP
Rachel Kimbrough
SVP Business & Legal Affairs STX Entertainment
Kesari Ruza
VP Legal Affairs Home Box Office
Denver/Houston/Kansas City

Regulatory Oversight of European, Canadian and American Consumer Marketing in 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 U.S.-Europe system into chaos. Hear both in-house and external legal perspectives on developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate
Partner Miller Thomson LLP
Rhonda Joy McLean
Deputy General Counsel Time Inc.
Sara Perry
Advertising, Business & Legal Affairs NBC Universal Media, LLC
Chicago FGH
3:00pm

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
Chicago ABC

Best Practices for Brands Negotiating Sports Marketing Agreements

What are the best practices in representing leagues, teams and brands concerning sports marketing? An advanced practical session.

Moderator: Thomas Adams
Associate Director & Associate General Counsel The Procter and Gamble Company
Caesar Lopez
Lead Counsel Major League Soccer
Sarah Dale
Sr. Director, Negotiations & Client Services Genesco Sports Enterprises
Alan Sutin
Shareholder Greenberg Traurig, LLP
Chicago FGH

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, P.C.
Eric Baum
SVP, Business & Legal Affairs Sony Pictures Entertainment Inc
Greg Brehm
Vice President & Associate General Counsel Buzzfeed
Tori Chami
Vice President & Senior Counsel American Express Company
Chicago E

Autonomous Cars & Other Devices

Moderator: John Feldman
Partner Reed Smith LLP
Kimberly Y. Chainey
Associate General Counsel, Global M&A, Strategy and Innovation Avis Budget Group, Inc.
Frank Cona
Chief IP Counsel, Chief Privacy Officer ADT Security Services
Denver/Houston/Kansas City

“Natural” Advertising Claims: Lessons from Recent Developments in Consumer Class Actions & Beyond

It’s no secret: a “natural” label claim on any product is a target for a potential challenger, particularly for the plaintiffs’ bar in consumer class actions. Over the past several years, hundreds of class actions challenging “natural” claims on the labels of food, dietary supplements, personal care products and pet care products have been filed in federal and state courts around the country.

This breakout session will present an update on “natural” claim litigation in consumer class actions, Lanham Act cases, NAD challenges, as well as regulatory developments. We will discuss lessons from these cases, including strategies to mitigate risk when developing advertising claims.

Eileen Patt
Partner Kramer Levin Naftalis & Frankel LLP
Megan Frient
Senior Counsel, Global Litigation & Dispute Resolution The Procter & Gamble Company
Brie Janke
Senior Counsel, Brand Legal The Procter & Gamble Company
Chicago D
4:00pm

Best Transactional Practices for the Programmatic Advertising Ecosystem

Moderator: James D. Taylor
Partner & Co-Chair Advanced Media and Technology Loeb & Loeb LLP
Brett Celedonia
Senior Counsel, Digital Media, Advertising/Marketing Netflix Inc.
Sarah La Voi
Assistant Deputy General Counsel Re:Sources USA
Chicago ABC

Ethics for Lawyers

Jack P. Sahl
Professor University of Akron Law School
Chicago FGH

The Shared Economy: Disruption Continues

Moderator: David Ervin
Partner Crowell & Moring LLP
Alica Del Valle
Senior VP & Marketing Counsel Airbnb
David Morris
VP & Associate General Counsel Trip Advisor
Michael Bayer
Corporate Counsel, Litigation & Risk Care.com
Denver/Houston/Kansas City

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

You’ve run your campaign – how do you know how well it did? This session will discuss how to assess performance, especially for multi-surface campaigns, and what issues exist related to all that click-and-view data.

Moderator: Jamie Rubin
Partner InfoLawGroup LLP
Scott Mellon
Associate General Counsel, Advertising & Privacy Facebook
Matthew Beebe
Product Counsel Snap Inc.
Chicago D

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

Co-Moderator: Alan Friel
Partner BakerHostetler LLP
Co-Moderator: Brian Nixon
Partner Loeb & Loeb LLP
Steve Kim
Associate General Counsel Spotify
Ashish Chordia
CEO & Founder Alphonso TV
Chicago E
5:00pm

Using Entertainment Marketing To Build Your Brand

Moderator: Robert Newman
Partner Winston & Strawn LLP
Jane Pollack
Chief Marketing & Advertising Counsel Uber Technologies, Inc.
Molly Malouf
Director, Legal Affairs T-Mobile USA Inc.
Laura Protzmann
Senior Director, Associate General Counsel KIND Snacks
Denver/Houston/Kansas City

TCPA Litigation in the New Regulatory Environment

Moderator: Terese Arenth
Partner Moritt, Hock & Hamroff LLP
William Heberer
Vice President, Legal Altice USA
Alycia Horn
Vice President & Deputy General Counsel Comcast Corporation
Chicago ABC

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

All the key issues in social media and 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
Chief Marketing Counsel Intel
Joe Khanna
Sr. Managing Counsel, Marketing & Communications MasterCard Worldwide
Chicago D

Trademark & Copyright Considerations in Marketing Campaigns

This session will provide an overview of trademark and copyright issues arising in marketing campaigns, including strategies and options for enforcing these rights.

Moderator: Cynthia Walden
Principal Fish & Richardson P.C.
Amy Brosius
Chief Intellectual Property Counsel Green Mountain Coffee
Kristen McCallion
Principal Fish & Richardson P.C.
Chicago E

Best Practices in NAD Proceedings

Moderator: Ross Weisman
Partner Kirkland & Ellis LLP
Diana Geseking
Assistant General Counsel for the Americas Dyson, Inc.
W. David Hubbard
VP & DGC-Marketing, Intellectual Property & New Media Law & Policy Verizon Communications
Laura Brett
Director National Advertising Division, ASRC
Chicago FGH
6:00pm Cocktail Party  

5th Floor Chicago Foyer
Tuesday, November 14, 2017
6:45am Registration Opens

7th Floor Registration
7:15am Breakfast  

Chicago Ballroom

Roundtable Breakfasts with the Experts

1- Alcohol Marketing – The Whole Picture

Scott Schleifstein
Partner Cohen Silverman Rowan LLP

2- European Laws: Financial Transparency Issues

Claire Bouchenard
Partner Osborne Clarke LLP

3- Consent, Fines & Revocation Under the TCPA

Christine Reilly
Partner Manatt, Phelps & Phillips LLP

4- Protecting Your Brand Identity and Reputation in the Wake of the Equifax Data Breach

Brian Bloom
Partner Moritt Hock & Hamroff LLP

5- Navigating State Security Breach Laws

Katherine Riley Townley
Associate Kelley Drye & Warren LLP

6- Nuances of Commercial Co-Venture Marketing

Robert LaPlaca
Partner Verrill Dana LLP

7- Chat Bots/Social Bots - Rewards & Risks

Daniel Goldberg
Associate Frankfurt, Kurnit, Klein & Selz, P.C.
Hannah Taylor
Counsel Frankfurt, Kurnit, Klein & Selz, P.C.

8- Practical Solutions to Sweepstakes, Contests & Social Media Promotions

Larry Berney
General Counsel Don Jagoda

9- Prize Promotions, Gender Stereotyping, Brexit & Other Hot Topics - UK Marketing

Jo Farmer
Partner Lewis Silken LLP

10- Traps in Social Media and Internet Advertising in Germany - and How to Avoid Them

Information and disclosure obligations: imprint, ADR, privacy policy and more.

Søren Pietzcker
Partner Heuking Kühn Lüer Wojtek

11- Problems of Consumer Review Sites

Andrew Lustigman
Partner Olshan Frome Wolosky LLP

12- Managing Celebrities & Influencers – Branded Content vs. Commercials

Kat Krone
VP, Labor Relations The Team Companies
Rori Floyd
SVP, Business Affairs Division The Team Companies

13- How Best to Defend Against Allegations of Economic Fraud from an FDA and USDA Perspective

Brian Ronholm
Sen. Director of Regulatory Policy Arent Fox LLP
Georgia Ravitz
Partner Arent Fox LLP

14- Olympic Advertising

Keri Bruce
Partner Reed Smith LLP

15- Puerto Rico Law

Luis Vivoni
Promotions and Advertisement Legal Counsel Vivoni Law Office
8:15am General Session

Grand Ballroom

Welcome & Introduction of Co-Chairs

Ed Kabak
Senior Vice President, Law ANA
Grand Ballroom

Opening Remarks

Bob Liodice
Chief Executive Officer ANA
Grand Ballroom

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 BakerHostetler LLP
Grand Ballroom

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
Chairman-Elect Loeb & Loeb LLP
Grand Ballroom
10:30am Networking Coffee Break  

7th Floor Grand Ballroom Foyer
10:50am General Session Cont.

A Case Study in Complex Legal Problem Solving

Any in-house counsel knows that there is never such a thing as an ordinary day. A cease-and-desist letter lands in your inbox alleging that a major advertising campaign you just launched incorporates certain elements that infringe on another company's IP rights; a key brand spokesperson lands on the front page, but not in a good way; and the head of your product development team calls to say there may have been fraudulent data in one of your key clinical trials. To make matters worse, you’ve just found out the company’s main competitor just filed an emergency injunction motion against the company. A panel of expert outside and in-house counsels provide practical, complex problem solving to some of the issues that threaten to keep you up at night.

Moderator: Roger Colaizzi
Chair Advertising Litigation Venable LLP
Po Yi
Partner Venable LLP
Jane Jeannero
Vice President, Chief Counsel, Global Brands Kellogg Company
Elizabeth H. Baran
Vice President, Associate General Counsel Dick’s Sporting Goods
Jim Dudukovich
Marketing, Advertising & Social Media Counsel Blue Apron
Grand Ballroom

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 Market Inc.
Lisa Gallerano
Senior Vice President, General Counsel Epsilon
Grand Ballroom
1:00pm Luncheon and Keynote Speaker

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

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

Moderator: Benjamin Mulcahy
Partner, Content, Media & Entertainment Jenner & Block LLP
Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing & Promotion FCA US LLC
Grand Ballroom

Augmented, Virtual & Mixed Reality, and AI

Moderator: Brian Heidelberger
Partner Winston & Strawn LLP
Gabe Karp
Chief Development Officer Marxent Labs
Nick Johnson
Partner Osborne Clark LLP
Andrea Sander
Marketing Attorney Microsoft Corporation
Grand Ballroom
3:50pm Networking Coffee Break  

Grand Ballroom Foyer
4:10pm 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
Julie Swidler
EVP, Business Affairs & General Counsel Sony Music Entertainment
Alexandra Gerber
VP, Associate General Counsel Revlon Inc.
Chicago D

GALA: Global Advertising – Influencers, Product Placement and Local Practice Pointers!

Moderator: Cisca Brouwer
Associate General Counsel Snap Inc.
Ricardo Antequera
Managing Partner Estudio Antequera Parilli & Rodriguez, Venezuela
Brinsley Dresden
Partner Lewis Silkin LLP, UK
Hande Hancer
Partner Gun & Partners, Turkey
Jan Ravelingien
Partner Marx Van Ranst Vermeersch & Partners, Belgium
Uri Weinstok
Partner BLP, Costa Rica
Chicago E

E-Sports: Negotiating Rights, Talent & Brand Safety

Moderator: Suemyra Shah
EVP Legal & Business Affairs Whistle Sports
Michelle Parker
Deputy General Counsel Twitch TV
Greg Via
Global Head of E-sports & Entertainment Marketing Gillette
Kevin Glidewell
Asst. General Counsel Turner Sports
Denver/Houston/Kansas City

The Private Label Revolution

Private labels are surging. Gone are the days when private labels merely claimed “compare to.” Now, they are fully-featured products making powerful performance claims, just like the brand names.

Retailers are partnering with CPG companies to launch new competitive labels, and then launching them against the branded versions sold by those same partners. What is driving this revolution, and how are retailers and brands managing the delicate legal dance? Are CPG brands slowly killing themselves?

Moderator: Christopher Cole
Partner Crowell & Moring LLP
Ryan Tisch
Partner Crowell & Moring LLP
Angela Sijuwade
Assistant General Counsel Edgewell
Chicago ABC

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: Craig Hoffman
Partner BakerHostetler LLP
Brett Anderson
Breach Response Service Manager Beazley Group
Jason Rebholz
Vice President The Crypsis Group
Chicago FGH
5:10pm

Amping Up Compliance: Strategies for Implementing a Robust & Efficient Marketing 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.

Adam Solomon
Partner Michelman & Robinson LLP
Patricia Doyle
Senior Advertising Law Compliance Manager Microsoft Corporation
Chicago E

Consumer Class Actions: False Advertising Developments in 2017

In assessing risk, those who counsel advertisers must take into account the various forums in which advertisements can be challenged. At NAD, a growing body of largely consistent jurisprudence has enhanced the predictability of outcomes before that body. At the same time, but for different reasons, there is a smaller chance a responsible advertiser will face a Lanham Act suit or FTC action; the huge expense of federal court litigation has caused a drop in Lanham Act filings and a change of presidents foreshadows a less-aggressive FTC. But the number of class action false advertising cases continues to grow and, in 2017, there was a spike in important federal appellate and district court class action decisions. Unlike with NAD, the increasing number of class action decisions has not resulted in greater clarity. This session will examine some of this year’s key class action decisions to help guide advertising counselors in determining the multiple directions in which the class action wind is blowing.

Moderator: Lawrence I. Weinstein
Partner Proskauer Rose LLP
Chicago ABC

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
Alana Sharenow
Director Legal Counsel Dunkin’ Brands Inc.
Angela Liberto
Corporate Counsel Dick’s Sporting Goods
Chicago FGH

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

Moderator: Jason Mueller
Partner Locke Lord LLP
Brittany Perez
VP, Associate General Counsel Match Group
Denver/Houston/Kansas City

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

Amy R. Mudge
Partner Venable LLP
Mary K. Engle
Associate Director, Division of Advertising Practices FTC
Lisa Horwitz
Assistant Chief Counsel, Consumer Products and Interactive Media Disney
Brent Sanders
Assistant General Counsel Microsoft Corporation
Laura Brett
Director National Advertising Division, ASRC
Chicago D
6:00pm Cocktail Party  

5th Floor Chicago Foyer
Wednesday, November 15, 2017
7:00am Registration Opens

7th Floor Registration
7:15am Breakfast  

Chicago Ballroom
8:15am General Session

Grand Ballroom

Introduction

Ed Kabak
Senior Vice President, Law ANA
Grand Ballroom

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
Grand Ballroom

Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments

We are at a pivotal time in advertising history, and the industry as we know it is changing. Traditional media strategies are colliding with content creation; in today’s “attention economy,” consumers interact via social media, wearables and virtual reality, and increasingly block or do not respond to traditional segregated ads. Agencies are becoming content labs in an effort to reach these consumers, targeting their interests in real-time and incorporating tailored messaging into their daily activities across devices. The question we will explore is this: how can modern advertisers ride the massive wave of technological change while maintaining integrity and transparency, strategically transforming traditional sales models and navigating the legal landscape? How can brands effectively power the key marketing disciplines of Content, Shopper, Experiential and Promotions with effective advertising strategies to spark Brand Activation? Whether you are a brand, agency, retailer, publisher, media or technology company, come to experience a creative and thought-provoking exploration of the future of advertising and the hot-button issues and challenges affecting the industry today.

Ronald Urbach
Chairman & Co-Chair of Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
Grand Ballroom
10:00am Networking Coffee Break  

7th Floor
10:20am General Session Cont.

Grand Ballroom

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 compliant in this rapidly changing landscape.

Moderator: Marc Roth
Partner Davis Wright Tremaine LLP
Leslie Fair
Senior Attorney Bureau of Consumer Protection FTC
Martin Zwerling
Deputy Director National Advertising Division, ASRC
Paul Singer
Deputy Chief Consumer Protection Office of the Texas AG
Grand Ballroom

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, P.C.
Co-Moderator: Brian Murphy
Partner Frankfurt, Kurnit, Klein & Selz, P.C.
Grand Ballroom

Emerging Trends in Advertising Litigation

This session will address significant decisions in Lanham Act and consumer fraud class action cases that were decided in 2017. Mr. Simon’s presentation will discuss emerging trends in the advertising litigation space that can be gleaned from these and other recently decided cases.

Norman C. Simon
Partner Kramer Levin Naftalis & Frankel LLP
Grand Ballroom
1:05pm Luncheon

Grand Ballroom
2:00pm Breakout Sessions

Children's Advertising, CARU, COPPA, Connected Toys & Child Influencers

Moderator: Allison Fitzpatrick
Partner Davis & Gilbert LLP
Nur-ul-Haq
Vice President, Counsel, Kid’s Compliance Nickelodeon
Angela Tiffin
Senior Staff Attorney Advertising Self-Regulatory Council/CARU
Pamela Lina
Counsel Turner Broadcasting System, Inc.
Chicago ABC

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
Partner Hunton & Williams LLP
Maria Guerra
Executive Vice President Influence Central
Serena Viswanathan
Assistant Director, Division of Advertising Practices FTC
Chicago E

Complex Loyalty Programs

Moderator: Melissa Landau Steinman
Partner Venable LLP
Adam Sand
General Counsel ShopKick.com
Julia Riehm McGuffey
Corporate Counsel Papa John's International, Inc.
Shazmah Hakim
Vice President & Assistant General Counsel Marriott International, Inc.
Chicago FGH

Mobile Marketing and Payments: New Wine in New Bottles?

Mary Ann Wymore
Officer Greensfelder, Hemker & Gale, P.C.
Paul Twarog
Director, Legal Google
Josh Yaker
Vice President and General Counsel HelloWorld
Denver/Houston/Kansas City

Tracking, Aggregating & Profiling: U.S. & Global Privacy Developments

This session will cover requirements under the GDPR and from the FTC and other global regulators when using data to track, target and profile customers, both online and off.

Co-Moderator: Rachel Hudson
Associate Sheppard Mullin Richter & Hampton LLP
Co-Moderator: Julie Rubash
Associate Sheppard Mullin Richter & Hampton LLP
Chicago D
3:00pm

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

Moderator: Jason W. Gordon
Counsel Reed Smith LLP
Theresa Harris
Senior Counsel Target Corporation
Chicago E

Complications of Consumer Review

Moderator: Sharon Kohn
Senior Legal Editor Thomson Reuters
Gwen Fanger
Corporate Counsel Expedia, Inc.
Chicago D

Retail & Food Marketing Under the Microscope

Moderator: Monica Stover
Attorney Barnes & Thornburg LLP
Brandi van Leeuwen
Senior Counsel Meijer Inc.
Chicago ABC
4:00pm Conference Adjournment

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


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.