2014 ANA Advertising Law & Public Policy Conference

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ANA’s Advertising Law & Public Policy Conference returns in 2014 to our nation's capital, Washington, D.C. Consistent with past conferences, attendees will hear from the important regulators that influence the legal and political climate for advertising and marketing.  Additionally, our slate of speakers from top law firms and leading client-side marketers will bring the latest insights on how to succeed in the modern media world. Join us to hear the latest from Congress and the regulatory agencies, developments on self-regulation, and updates on such issues as talent negotiations, social media, online privacy… and more.

Continuing Legal Education (CLE) credit will be provided.

Conference Program Co-Chairs:
Dan Jaffe
Group Executive Vice President, Government Relations

Doug Wood
Partner, Reed Smith LLP
ANA General Counsel

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Wednesday, April 23, 2014
7:30am Breakfast  


The world of Talent continues to grow increasingly complex.  In response to this constant evolution, Extreme Reach has countered with the creation of a unique and powerful Cloud based Platform. This integrated technology offers solutions across the entire life span of commercials - from concept to release - and includes talent & rights and traffic & delivery, keeping all the workflows in a single, simple environment.  Courtney Allen, Senior Talent and Platform Specialist at Extreme Reach, will present the key efficiencies of this revolutionary system and how it is on track to improve the way we manage Talent.

Courtney Allen
Senior Talent and Platform Specialist Extreme Reach
8:30am General Session



The FTC has announced six concerns it will look at in 2014 and beyond as it focuses on consumer protection – mobile tracking in retail stores, predictive scoring, mobile payments, the Internet of things, COPPA, and data security. To kick off this year's conference, we will cover them all in fast paced presentations from the best prognosticators in the business. It’s a whirlwind tour that will start the conference with what the future holds for anyone who frequents the halls of 600 Pennsylvania Avenue.

Genie Barton (Predictive Scoring)
VP & Dir., Online Behavioral Advertising Program & Mobile Mktg. Initiatives Council of Better Business Bureaus
Lesley Fair (Internet of Things)
Senior Attorney, Bureau of Consumer Protection Federal Trade Commission
Wayne Keeley (COPPA)
Director Children's Advertising Review Unit (CARU)
Rick Kurnit (Mobile Tracking in Retail Stores)
Partner Frankfurt Kurnit Klein & Selz PC
Chris Sloan (Data Security)
Assistant Vice President & Senior Corporate Counsel Liberty Mutual Insurance Company
Ron Urbach (Mobile Payments)
Chairman Davis & Gilbert LLP


Maureen Ohlhausen
Commissioner Federal Trade Commission
10:30am Coffee Break  

10:40am Breakout Sessions

Please choose to attend breakout session 1A or 1B.

Breakout 1A


In 2013, the Joint Policy Committee (JPC), the advertising industry’s multi-employer bargaining unit that negotiates with SAG-AFTRA for the collective bargaining agreement covering actors in commercials, obtained unprecedented relief for digital productions that allow for significant creative executions without amassing excessive costs. This session, led by the JPC’s legal counsel, Stacy Marcus, will review in depth the new digital provisions, as well as discuss the real life application of these provisions through advertiser case studies. If you’re producing on the Web, on mobile, or on any other digital platform, this is a must attend session that will provide you with concrete ways to be creative and control costs.

Stacy Marcus
Partner Reed Smith LLP
Danielle Zubriski
Senior Business Affairs Manager 22squared
Breakout 1B


Video games and marketing are more entwined than ever. Complex media integration, children’s issues, behavioral tracking, privacy, and many other challenges combine with game technology that changes continuously to make the gaming industry a legal regulatory frontier. The next generation of game technology has the capacity to record our viewing and play habits, read our body language including facial expressions, and track our physical movements throughout the day. This panel will discuss these issues as well as explore the effects of mobile computing dominance, the move from retail to digital distribution, streaming broadcast content, the new game console generation, and the increasingly difficult app marketplace. These industry experts with offer their perspectives and leave time for lively audience engagement.

S. Gregory Boyd
Partner & Chairman, Interactive Entertainment Group Frankfurt Kurnit Klein & Selz PC
Anthony Justman
Senior Director, Legal & Business Affairs Sony Computer Entertainment America
Janelle Bonanno
Defy Media, LLC
Amy Colando
Assistant General Counsel, Online Services Division Microsoft Corporation
11:30am General Session Cont.


In olden days, the Lanham Act was the preferred method for many consumer product companies to attack a competitor and force it to modify or stop an advertising campaign. Today, the NAD has become another popular and cost-effective way of achieving that same goal while avoiding the enormous potential financial expense and resource drain of litigation and electronic discovery. But what if the huge cost of federal court litigation becomes an anti-competitive weapon rather than something to be avoided or minimized? "Beat-down" Lanham Act litigation against smaller or less prosperous competitors is on the rise. This session will discuss how to assess the plaintiff’s real motives, the best defense strategies, whether or not to counter-sue, and how and when to settle advantageously.

Dolores DiBella
Associate Counsel, Intellectual Property National Football League
Lawrence Weinstein
Partner Proskauer Rose LLP
12:25pm Luncheon  


As the FTC approaches its 100th anniversary, there are three critical areas where the Commission needs to remember the lessons of the past as it moves into its next century. First, it has lost sight of the fact that any communication can be misunderstood by some consumers.  Its recent actions threaten to reduce advertisers’ ability to provide consumers with the truthful information that drives competitive markets. Second, it has moved away from the flexible advertising substantiation standard that requires advertisers to have a reasonable basis for claims before they are made. Third, in the crucial arena of privacy, the Commission needs to renew its focus on practices that are injurious to consumers, rather than regulating to avoid practices that some consumers might consider “creepy.” Regulation to prevent speculative harms is likely to produce real costs to the information economy.

Howard Beales
Professor of Strategic Management and Public Policy The George Washington University School of Business
1:40pm General Session Cont.


Advertisers face unique issues in connection with their presence in social media. This session will explore how advertisers are dealing with issues in the mobile environment - including advertising in social media on mobile devices, making effective disclosures and disclaimers in a small space, dealing with privacy policies and terms and conditions, endorsement and testimonial issues, and unique intellectual property issues.

W. David Hubbard
Vice President & Deputy General Counsel, Marketing Verizon Communications
Joseph Lewczak
Partner Davis & Gilbert LLP
2:35pm Coffee Break  

2:45pm Breakout Sessions

Please choose to attend breakout session 2A or 2B.

Breakout 2A


Class actions are a plaintiffs’ bar evergreen. While defense counsel has their hands full defending what are more often than not entirely frivolous suits, courts continue to allow them to meander through a procedural morass that wastes time, energy, and money for what should have never been allowed in court. Have you had enough? This presentation will open the door to some new ideas with strategies that work to dismiss cases and leverage the facts to best defeat jurisdiction. We will also address practical strategies gleaned from recent case law for opposing class certification, as well as tips on how to bifurcate class and merits discovery and effectively elicit testimony from class representatives to defeat class certification - in short, how to beat class actions plaintiffs early and effectively

Ken Patel
Vice President & General Counsel The Procter & Gamble Company
Norman C. Simon
Partner Kramer Levin Naftalis & Frankel LLP
Breakout 2B


The health and wellness marketplace is booming. In 2014, it’s not only about food, pharma and dietary supplements - industries ranging from paints, mattresses, cosmetics and cleaning products are increasingly promoting healthier products and lifestyles. The legal landscape is changing, so this session will examine the latest issues surrounding the marketing of health and wellness to consumers, including regulatory and self-regulatory approaches to claim substantiation and “competent and reliable” scientific evidence. The session will also cover what  marketers need to know about the Health Insurance Portability and Accountability Act (HIPAA) and address one of the biggest development in advertising - the marketing of healthcare to consumers.

Jill Bollettieri
Assistant General Counsel General Mills, Inc.
David Mallen
Partner & Co-Chair, Advertising Disputes Loeb & Loeb LLP
3:35pm General Session Cont.


Native advertising: no term in our industry has more buzz around it, particularly after the FTC's Blurred Lines workshop. But how are marketers really going native with brand integration - in nefarious ways akin to subliminal advertising or simple product placement‎? This panel will explore the issues beyond the "to disclose or not to disclose" questions and best practices to avoid enforcement.

Laura Brett
Staff Attorney National Advertising Division (NAD)
Mary K. Engle
Associate Director for Advertising Practices, Bureau of Consumer Protection Federal Trade Commission
Jane Jeannero
Senior Corporate Counsel Kellogg Company
Amy Mudge
Partner Venable LLP


In a digital world, commercial communication more than ever attempts to reach a global audience. Global strategies, however, face serious legal risks and hurdles. When marketers break out of the clutter with edgy copy, humor, and stunning visuals, they often ignore the complicated quilt of national and local regulations and sensitivities. They forget cultural clashes, traditional and religious implications and peculiar legal barriers. In this session, the Global Advertising Lawyers Alliance provides the answers to what you need to consider before giving a campaign the final “GO.”

Moderator: Felix Hofer
Founding Partner Hofer Lösch Torricelli (Italy)
Panelist: Florian Geyer
Partner Heuking Kühn Lüer Wojtek (Germany)
Panelist: Başak Gürbüz
Senior Associate Mehmet Gün & Partners (Turkey)
Panelist: Jenny Pienaar
Partner Adams & Adams (South Africa)
Panelist: Valdir Rocha
Partner Veirano Advogados (Brazil)
Panelist: Justina Zhang
Partner TransAsia Lawyers (People's Republic of China)
5:30pm Conference Adjourns

Thursday, April 24, 2014
7:30am Breakfast


State Attorneys General (AGs) increasingly are key national regulators in a wide variety of areas. Some believe that AGs match or even exceed the muscle of federal agencies such as the FTC, particularly when they act collectively on a “multi-state” basis. Beyond this, federal legislation increasingly provides for State AG enforcement of federal laws. Come hear about these and other issues in a breakfast conversation between Divonne Smoyer, Partner at Reed Smith LLP and the Attorney General of Wisconsin and current NAAG President, J.B. Van Hollen.

Divonne Smoyer
Partner Reed Smith LLP
J.B. Van Hollen
Attorney General of Wisconsin President, National Association of Attorneys General
8:30am General Session


The advertising industry is confronting major difficulties in 2014. These include the most serious threat to the deductibility of advertising expenses in a generation as part of an ongoing effort to reform the federal tax code as well as in the privacy area, as the industry responds to consumer concerns over the security of their personal information in light of major data breaches. Meanwhile, there remain challenges in regard to food and beverage advertising to children, responding to the threats posed by "patent trolls," and dealing with the new domain name environment posed by ICANN’s TLD program. This session will provide an in-depth look at these issues and more. 

Dan Jaffe
Group Executive Vice President, Government Relations ANA


Reid Horwitz
Assistant Litigation Deputy, Office of Enforcement Consumer Financial Protection Bureau
10:05am Coffee Break  

10:15am Breakout Sessions

Please choose to attend breakout session 3A or 3B.

Breakout 3A


Major hacking attacks and data breaches are daily news, undermining consumer confidence even as we move to a cashless, digital economy. Retailers and manufacturers want to offer interconnected and personalized services across media, but they are in an arms race against worldwide criminals who seek to capitalize on this treasure trove of personal information. The FTC and CFPB are attempting to punish victims of such hack attacks in an effort to enforce reasonable standards of security, but are they helping or hindering the effort? This session will bring together experts to discuss the landscape.  

Bruce Byrd
Senior Vice President & Assistant General Counsel AT&T Services, Inc.
Christopher Cole
Partner Crowell & Moring LLP
Smitha Mortis
Legal Counsel PayPal, Inc.
Breakout 3B


This session will explore the developing interaction between litigation and self-regulation, with particular emphasis on the rise in consumer class actions and CLRA demand letters following the issuance of NAD decisions. John Villafranco will update a pivotal study he undertook last year that tells the story in real numbers. The session will also explore additional hypotheses explaining the rise in class actions targeting claims addressed in adverse NAD decisions - with perspectives from plaintiffs’ attorneys and the NAD - and propose revisions to the self-regulatory process intended to remedy the perceived problem.

John Villafranco
Partner Kelley Drye & Warren LLP
Kathryn Farrara
Senior Attorney - Marketing Unilever United States, Inc.
11:05am General Session Cont.


J.B. Van Hollen
Attorney General of Wisconsin President, National Association of Attorneys General
11:50am Luncheon

1:05pm General Session Cont.


The emerging market of connected devices – a/k/a the "Internet of Things" – encompasses a vast array of products and equipment used by consumers every day – from appliances that monitor activity in the home to wearable devices and even cars that navigate without human assistance. It is easy to imagine how interconnected devices might be used to collect data useful to advertisers and deliver marketing messages, but beware: this data can be fraught with privacy and security landmines. The FTC is actively examining these issues and has directed entities operating in this space to apply privacy-by-design principles and build security into these devices. The FCC’s new Chairman has hinted that his agency could take an expanded role, declaring the FCC to be the "public’s representative to the ongoing network revolution," stating that as networks evolve so should government oversight. The implications for advertisers are critical to understand if the industry hopes to leverage the "Internet of Things" to the fullest advantage, while staying firmly in compliance with regulatory norms.

Christin McMeley
Partner & Co-Chair, Privacy & Security Practice Davis Wright Tremaine LLP
John Ciesla
Global Director of Information Security Grey Group
2:00pm Coffee Break  

2:15pm Breakout Sessions

Please choose to attend breakout session 4A or 4B.

Breakout 4A


This session will provide an overview of the hotter topics in the technology industry. We will focus on some of the more daring claims made in the technology industry and provide insight on what is needed to substantiate these claims. We will discuss the challenges presented in advertising advanced technology - for example, what disclosures do we consider when a product employs technology that is not yet in existence? You also will hear an overview of the legal issues surrounding "green" claims in the technology industry.

Sarah Bruno
Partner Arent Fox LLP
Brian Wehr
Assistant General Counsel LG Electronics USA
Breakout 4B


Like the medieval alchemist trying to turn lead into gold, advertisers and their ad agencies seek to derive commercial gain by creating intellectual property which, at its creation, has little intrinsic value. Once put to use, however, it can indeed turn lead into gold. Yet the members of this team often have separate interests that don’t always coincide. We will examine some of the economic drivers of the “business of IP,” who should own what, and how the balance of interests differ among these sometimes disparate players.

Steve Ennen
President Centris
Gordon Smith
Distinguished Professor of Intellectual Property Management University of New Hampshire School of Law
3:05pm General Session Cont.


Are you pleased when someone endorses you on LinkedIn? Anxious to tweet your latest victory? Or post on a Facebook discussion? You may want to temper your elation and crowing. Rules of ethics in social media are evolving and they're not as open and understanding as one might think. This session will explore what's allowed and prohibited on social media under the rules of professional conduct. It's murkier than you might "like."

Kathryn Barrett Park
Senior Counsel, Advertising and Brand Management General Electric Company
Doug Wood
Partner Reed Smith LLP
4:00pm Conference Ends

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 starting date (on or before February 23, 2014). No refunds will be granted for any cancellations received after February 23, 2014 or for 'no shows.' 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. Your room reservation will require a deposit of two room nights. If you wish to cancel, you must do so 30 days prior to arrival to avoid the two-night cancellation penalty. Please contact the hotel for further details.

     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 April 4, 2014 may not be included in the attendee list.