Advertising Law & Public Policy Conference presented by Microsoft

This event is over.

The advertising industry is facing unprecedented challenges.  Radical new policy initiatives, the most significant since the Great Depression, will transform the practice of advertising.  Meanwhile, developments in the courts impacting the First Amendment and new regulatory and self-regulatory initiatives continue to reshape the legal environment for advertising.

In celebration of ANA's 100th anniversary, our sixth-annual conference, co-chaired by Doug Wood, ANA's General Counsel and Partner at Reed Smith LLP and Dan Jaffe, ANA's Executive Vice President for Government Relations, will take place for the first time in Washington, DC in recognition of the changing environment.  These changes will impact virtually every aspect of advertising activity:  from tax policy to the potential creation of a new mega-agency to oversee financial advertising and marketing, from the dramatic enhancement of the FTC's regulatory rulemaking and enforcement powers to the accelerating efforts to extend and expand existing regulation to the new media.

Join us to hear from leading legal experts and top representatives from the FTC, FCC, FDA and the Congress in order to help you navigate this increasingly turbulent legal and political environment.

Continuing Legal Education (CLE) credits will be provided.

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Agenda

Wednesday, March 17, 2010

7:30 am

Continental Breakfast

8:30 am

General Session

WELCOME
Bob Liodice
President and Chief Executive Officer
ANA

KEYNOTE ADDRESS
Maryland Attorney General Doug Gansler will provide us with an overview of what lies ahead for State Attorneys General and their association, the National Association of Attorneys General.  NAAG and the State AG's have taken an active role in key advertising and marketing issues, including privacy, deceptive practices, regulated industries and more.  General Gansler will cover all this and more.

Douglas F. Gansler
Attorney General
State of Maryland

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BECOMING FRIENDS WITH SOCIAL MEDIA MARKETING
Can marketers learn to live with and love tweets, tags, blogs, and viral videos?  This panel will tackle the risks and rewards associated with social media marketing, including case studies of where companies have made and lost millions between well executed programs and old-style blunders.  It's a new world for all of us - so hop on board for a wild ride.

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Douglas J. Wood
Senior Partner, Reed Smith LLP
ANA General Counsel

Christopher Sloan
Assistant Vice President and Senior Corporate Counsel
Liberty Mutual Group

Divya Narendra
Chief Executive Officer and Co-Founder
SumZero.com

Breakout Session I (please choose one of the following to attend):

A.     A NEW THREAT TO ADVERTISING
Buried in The Obama Administration's push for a new federal agency to oversee banks and consumer protection is a broad new grant of authority over advertising to the Federal Trade Commission.  It would throw out the rulemaking safeguards that are in the law and permit the FTC to issue rules with less process or judicial review. For those who remember the "Kidvid" rule of the late 1970s, this proposal conjures disturbing memories. Learn from one of the leading attorneys in the field what's likely to happen and how the advertising industry would have to deal with an FTC on steroids.

James H. Davidson
Shareholder and Chair, Public Policy Group
Polsinelli Shughart PC

B.     PROTECTING YOUR PROMOTIONS
In this session, we'll cover developments in IP and promotion laws so that next time someone tells you that you've won $1 million dollars, you'll know if they're telling you the truth, assuming you don't faint!

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William M. Heberer
Partner
Moritt Hock Hamroff & Horowitz LLP

Gabe Karp
Executive Vice President and General Counsel
ePrize, LLC 

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General Session (cont.)

RESULTS MAY NOT BE TYPICAL:  ENDORSEMENTS & TESTIMONIALS AND THE NEW FTC GUIDELINES
Always a favorite speaker, Rick Kurnit will dazzle everyone with a presentation on the new Federal Trade Commission Testimonial and Endorsement Guidelines and whether "before and after," word of mouth, blogs, and celebrities need to play under a new set of rules. 

Josephine Belli
Associate General Counsel and Litigation Counsel
Combe Incorporated

Rick Kurnit
Partner
Frankfurt Kurnit Klein & Selz PC

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12:35 pm

Lunch

KEYNOTE ADDRESS
Mary E. Snapp
Corporate Vice President and Deputy General Counsel
Microsoft Corporation

1:50 pm

General Session (cont.)

INTELLECTUAL PROPERTY IN THE 21ST CENTURY:
Among key legislative and court cases, this session will cover: how to protect copyright and trademark rights of advertisers; the impact the change in media and media practices have had on intellectual property rights; patent concerns; intellectual property protection and issues with Web development and interactive production; as well as cases and concerns regarding the Lanham Act.

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Ronald R. Urbach
Partner and Co-Chair
Davis & Gilbert LLP

William J. Whalen
Assistant General Counsel
Nissan North America Inc.

Breakout Session II (please choose one of the following to attend):

A.     MOBILE MEDIA MARKETING
The cell phone as you once knew it is a thing of the past.  Today, our handheld devices are our prime connection to the world - our communication device, database, calendar, personal shopper, GPS...you name it.  Mobile has matured into a media platform all its own that is poised to overtake every other media format, including television.  Our experts will look into the future and ring up what's to come and how it will pose risks and rewards to corporations in the new decade.

Darren Bowie
Legal Director, North America
Nokia, Inc.

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D. Reed Freeman, Jr.
Partner
Morrison & Foerster LLP

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B.     SELLING THE FAMOUS AND NOT-SO-FAMOUS:  RIGHTS OF PRIVACY & PUBLICITY
Celebrities are all over the news, for good and for bad.  Even President Obama's image has been utilized to sell sportswear in Times Square.  On new media, viral marketing uses images of people and places like never before.  How will the law keep up as personal rights of privacy and publicity are seemingly ignored with impunity?  This session will lead the way.

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William Jelinek
Vice President and Legal Counsel
The Estee Lauder Companies Inc.

Norman C. Simon
Partner
Kramer Levin Naftalis & Frankel LLP

Po Yi
Vice President and Chief Advertising Counsel
American Express Travel Related Services Company, Inc.

Breakout Session III (please choose one of the following to attend):

A.     THE PLAYING FIELD FOR SPORTS MARKETING
Sports marketing, once the province of the tobacco and automotive industry, is now a major focus of virtually every industry sector - financial, retail, manufacturing, pharma, and more.  Hear the experts in this area tell us all what they've been doing with some of the largest and most diverse sports related deals in the industry. 

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Christopher Traeger
Senior Vice President, Marketing Programs Manager
Bank of America

Joseph Pierce
Associate General Counsel, Global Marketing and Sponsorships
Bank of America

Jim Dudukovich
Marketing Counsel
Coca-Cola North America 

B.     PROCURING THE BEST AGREEMENT
Procurement. Say the word in any room where you find advertising agency executives and you are likely to hear a very loud groan. Say it in the offices of in-house counsel at advertisers, and you may well hear a sigh of relief as the lawyers get help dealing with complicated changes to the way advertisers now approach their relationship with advertising agencies. This session will call back to the stage many of the conference presenters to "fight it out" in a free wheeling discussion of the key issues in advertiser/agency contracts being debated today. 

Moderator:
Douglas J. Wood
Senior Partner, Reed Smith LLP
ANA General Counsel

General Session (cont.)

SOCIAL MEDIA AND ITS COLLISION WITH GLOBAL PRIVACY AND DATA PROTECTION
Once again, the Global Advertising Lawyers Alliance, a 54 country strong association of advertising and marketing lawyers, will present a panel to cover international developments in advertising and marketing that you need to know, including data protection, new media, and consumer protection.

John P. Feldman
Partner
Reed Smith LLP

Felix Hofer
Founding Partner
Hofer Losch Torricelli

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Adam Kardash
Partner
Heenan Blaikie LLP

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5:30 pm

Conference Adjourns

Thursday, March 18, 2010

7:30 am

Continental Breakfast

8:30 am

General Session

WELCOME
Douglas J. Wood
Senior Partner, Reed Smith LLP
ANA General Counsel

KEYNOTE ADDRESS
Since taking the lead at the Federal Trade Commission, Chairman Jon Leibowitz has wasted no time in encouraging the Commission staff to do more to protect consumer rights.  There is no better way to start off a day dedicated to business and advocacy initiatives than to hear from Washington's top consumer regulator.

Jon Leibowitz
Chairman
Federal Trade Commission

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KEY LEGISLATIVE AND REGULATORY DEVELOPMENTS
This session will provide a full report from the head of ANA's Washington office on legislative and regulatory developments on the federal and state level, including the ongoing attempt to expand federal regulatory authority over advertising, proposals to eliminate the tax deductibility of certain categories of advertising, efforts to restrict targeted advertising, and the continuing efforts by the industry to stave off overly restrictive regulatory remedies with effective self-regulation.   

Daniel L. Jaffe
Executive Vice President, Government Relations
ANA

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Breakout Session IV (please choose one of the following to attend):

A.     THE GREENING OF AMERICA
General Electric is one of the leading companies in green marketing, investing millions in environmental initiatives and standing tall as a beacon for other companies looking to "go green."  The lawyer that overlooks it all for GE -- Kathryn Barrett Park -- will take everyone though what is cold, warm, hot, and green in environmental marketing.

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Kathryn Barrett Park
Senior Counsel, Advertising and Brand Management
General Electric Company

Jeffrey A. Greenbaum
Partner
Frankfurt Kurnit Klein & Selz PC

B.     SAG/AFTRA DEVELOPMENTS
Hollywood is finally grasping the reality of ROI for advertisers in an unprecedented agreement with the industry that may turn conventional methods of paying actors in commercials on its head.  Imagine actors being paid on the basis of GRP's -- the same currency used to measure the billions of dollars spent every year on media.  It may happen - hear when change can be expected.

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Gregory J. Hessinger
Partner
Reed Smith LLP

Allan Linderman
President
The Linderman Media Group

General Session (cont.)

Professor Benjamin Edelman, an international expert on advertising fraud, will demonstrate how to detect and prevent scams that drain advertisers' budgets, focusing on the rights sophisticated advertisers should demand in the online space.

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Benjamin G. Edelman
Assistant Professor, Harvard Business School
Harvard University

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12:30 pm

Lunch

KEYNOTE ADDRESS
Joel Gurin
Chief, Consumer and Governmental Affairs Bureau
Federal Communications Commission

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1:50 pm

General Session (cont.)

THE FDA AND ADVERTISING
The FDA is taking on much greater responsibility in the advertising and marketing arena, including tobacco, and more stringently regulating new media.  Joshua Sharfstein, the Principal Deputy Commissioner at the FDA, will lead us through this new environment.   

Joshua M. Sharfstein
Principal Deputy Commissioner
Food and Drug Administration 

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Breakout Session V (please choose one of the following to attend):

A.     THE FCC IN THE DIGITAL AGE
The Federal Communications Commission has been reenergized with new commissioners ready to tackle some complicated and controversial issues for advertisers, most notably product placement, children's advertising, indecency, and violence.  As media monitors the new FCC with concern, it's critical that advertisers and marketers know how media channels and behavior will change and when the industry needs to make its own changes to stay on air.

Robert Corn-Revere
Partner
Davis Wright Tremaine LLP

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B.     BEHAVIORAL ADVERTISING AND PRIVACY CONCERNS
Behavioral advertising is becoming an increasingly important part of the advertising marketplace.  Attaining a delicate balance between advertising efficiency and consumer confidence in the online arena is a major regulatory and legislative focus.  Key players in the industry's effort to respond to this challenge will provide the latest update on the status of this critical issue. 

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Stuart P. Ingis
Partner
Venable LLP

Tony Hadley
Senior Vice President, Government Affairs
Experian Group

General Session (cont.)

NAD AND SELF-REGULATION
Self-regulation is adapting to the challenges posed by the new media environment.  In this session, you will hear from experts in both the process and the policy behind it.

C. Lee Peeler
President and CEO, National Advertising Review Council
Executive Vice President, National Advertising Self-Regulation
Council of Better Business Bureaus

Elaine D. Kolish
Vice President and Director
Children's Food and Beverage Advertising Initiative

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Wayne Keeley
Director, Children's Advertising Review Unit
Vice President, Council of Better Business Bureaus

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David Mallen
Associate Director, National Advertising Division
Council of Better Business Bureaus

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4:30 pm

Conference Ends