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Advertising Law & Public Policy Conference

This event is over.

The digital revolution is well under way and changing the legal landscape every day at lightning speed.  Keeping up is becoming a nearly impossible task.  The seventh annual ANA Advertising Law and Public Policy Conference, co-chaired by ANA's General Counsel Doug Wood and Executive Vice President for Government Relations Dan Jaffe, enters the battlefield by putting together a stellar faculty, including leading regulators, top practitioners, and serious critics, capped off by a session that puts it all together led by a leading law professor.  The new world started with everything becoming an "e" – e-mail, e-commerce, e-this, e-that.  And then came wiki -- Hawaiian for speed.  Enter wikipedia, wikinews, wikithis, wikithat.  Welcome to the new world of wikilawyers.

Continuing Legal Education (CLE) credits will be provided.

Click here to download the registration form.

When
Begins:Tuesday, March 15, 2011 at 7:30am
Ends:Wednesday, March 16, 2011 at 5:00pm
Where

Park Hyatt Washington DC
24th & M Streets, NW
Washington, DC 20037

The ANA room block at the Park Hyatt Hotel is now SOLD OUT!! There are still rooms availabe for rates of $750 and higher. To secure a lower rate hotel, please contact A Room With A View for information on the designated ANA overflow hotel. They will secure the lowest available rates within a short distance of The Park Hyatt Hotel. A Room With A View can be reached at: 1-800-780-4343.

This is a FREE SERVICE for all ANA attendees.

Agenda

Monday, March 14, 2011:  Special Members Only Private Pre-Session

Hosted by Reed Smith LLP
Time: 3:00 pm - 5:00 pm
Location:
1301 K Street, NW
Suite 1100 - East Tower
Washington, DC  20005

CRISIS MANAGEMENT FOR CYBER THREATS IN A DIGITAL WORLD
Imagine this…you arrive at your office on a beautiful, sunny Monday.  You're finally caught up on your work and enjoyed a relaxing weekend.  No crisis to face.  All is good in the world.  Then the phone rings and it's your CEO, frenetically telling you that a video unfairly attacking the company has gone viral and is all over the Internet.  Worse, the chat on LinkedIn, Twitter, Facebook, and in the blogosphere is piling on. The CEO describes it as a disaster, particularly since the company is in it's most important sales cycle.  You are ordered to fix it and stop the onslaught.  But how?  Lawsuits and injunctions will take too much time and probably won't be effective anyway.  In this private, members only session, principals from Centurion Intelligence Partners will tell you how to fight fire with fire -- legally and effectively -- in today's digital battlefield.

Tuesday, March 15, 2011

Continental Breakfast (7:30 am)
Sponsored by DoubleVerify

General Session (8:30 am)

WELCOME FROM ANA

KEYNOTE ADDRESS
Edith Ramirez
Commissioner
Federal Trade Commission

KEYNOTE ADDRESS

Robert E. Cooper, Jr.
Attorney General
State of Tennessee

Breakout Sessions I (please choose one):

I.    THE DOs AND DON'Ts IN MANAGING TALENT AGREEMENTS 
Hiring and managing talent - from scale performers to celebrities-  is a challenge for everyone.  Egos prevail and production costs can easily balloon way above budget.  Union audits can create havoc.  This session will look at the day-to-day ways to handle actors who appear in commercials.  Led by Winston & Strawn partner Brian Heidelberger and Talent Partners President and CEO Paul Muratore, the session will provide best practices in this complicated field.

Paul Muratore
President and CEO
Talent Partners

Brian Heidelberger
Partner
Winston & Strawn LLP

II.    ICANN AND YOU CAN’T
While seemingly a perennial debate, ICANN – the Internet Corporation for Assigned Names and Numbers and the organization that controls the core communications platforms for the Internet – is again considering another major expansion of gTLD’s beyond the existing top level domains like .com, .org, .net, etc. that could give brand owners a trademark nightmare.  Our experts will bring everyone up to date and put the issue in context, devoid of the hyperbole so often surrounding ICANN deliberations.

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

Elisa Cooper
Director of Product Marketing
MarkMonitor

General Session (continued)

“HIDDEN LIABILITIES IN MEDIA OFFERINGS OF INTEGRATION AND ADJACENCIES” OR “WHATEVER WE CALL THE RIGHT OF PUBLICITY IN BRAND INTEGRATION”
Marketers are being inundated with new opportunities to reach consumers integrated into or aligned with media content. These vehicles (especially with required disclosures of material connections with "endorsers" create fertile ground for publicity rights claims that are outside your review procedures and contractual indemnifications.  Unlike your actual advertising that is reviewed by you and your advertising agency,  these claims arise from context and association requiring review of the actual content including surrounding material, which is not being reviewed by you, or your agency. The media assume THEY are insulated by the First Amendment and THEY are indemnified by YOU. How will you deal with this new challenge and potential multi-million dollar claims by celebrities? This session offers invaluable insight into these uncharted seas.

Rick Kurnit
Partner
Frankfurt Kurnit Klein & Selz PC

Rebecca Sanhueza
Vice President and Deputy General Counsel
Time Inc.

Lunch (12:40 pm)

LUNCHEON KEYNOTE
Wallace B. Jefferson
Chief Justice, Supreme Court of Texas
State of Texas

General Session (continued)

CHOICES AT THE TECHNOLOGY CROSSROADS:  DIRECT TRAFFIC OR GET RUN OVER
As advertisers and agencies accelerate into the digital realm, it's increasingly difficult to understand risk and make good business and legal decisions without understanding where technology is and where it's going.  This session will offer insight into some of the legal challenges posed by the technology onslaught, suggest that the "new normal" can look a lot like the "old normal" and offer tips for handling the legal challenges ahead.

Matt Forsyth
Vice President, Legal and Assistant General Counsel
Sapient

Breakout Sessions II (please choose one):

I.    ACTORS ACTING OUT:  SAG/AFTRA DEVELOPMENTS
2011 may see Emmy Award winning performances on both sides as the ad industry and performing unions begin negotiations on an entirely new way to pay actors in commercials, address what digital platforms will be covered, and how the often colliding forces of creative advertising and actors’ pay will be balanced.

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

Allan Linderman
President
The Linderman Media Group

II.    “IT'S GOOD FOR YOU”: ADVERTISING HEALTH-RELATED BENEFITS OF FOOD & DIETARY SUPPLEMENTS

From the doctor’s office to the White House, we hear calls to reduce sugar, fat, and calories from our diets. The food and dietary supplement industry has responded with self-regulatory initiatives regarding health benefit advertising claims; however, federal regulators want more oversight and regulation, and plaintiffs' attorneys are zeroing in on health claims in consumer class action cases. Companies marketing functional foods or dietary supplements should be aware of the FTC’s new approach to nutrition claims, particularly as the definition of health claims is broadened and new standards of enforcement change the game. This session will examine recent enforcement and litigation trends in health-related advertising, including guidelines for weight loss claims, certain disease claims, and ingredient testing as claim substantiation. Learn from two experts who have first-hand experience counseling on the intricacies of these issues.

Edward Shin
Senior Corporate Counsel
Welch Foods Inc.

John Villafranco
Partner
Kelley Drye & Warren LLP

General Session (continued)

FINANCES UNDER A NEW MICROSCOPE
In years past, we had Magnuson-Moss and Gramm Leach Bliley.  Now we have Dodd-Frank and the new Consumer Financial Protection Bureau.  This session explores the Bureau’s marketing standards (unfair, deceptive or abusive acts and practices), how the Bureau will be working with the FTC, and what it will all mean to the financial community.  With 243 rulemakings already mandated by the Congress, this could hit your wallets, so hold on!

Andrew Pincus
Partner
Mayer Brown LLP

GLOBAL ADVERTISING CLEARANCE IN A DIGITAL WORLD
You’re counsel for a global advertiser.  You’ve been given their new digital campaign that’s ready to go viral worldwide, guaranteed to hit millions of consumers and create positive chatter throughout the Web.  Now you have to give your OK for launch.  This session, by members of the Global Advertising Lawyers Alliance, will present the virtual potholes present in such campaigns and how they can be managed.

Moderator:
Brinsley Dresden
Partner
Lewis Silkin LLP (United Kingdom)

Panelists:
Irina Anyukhina
Partner
ALRUD (Russia)

Erich Bachmann
Managing Partner
Hesketh Henry (New Zealand)

Ricardo Antequera
Partner
Estudio Antequera Parilli & Rodríguez (Venezuela)

Conference Adjourns (5:30 pm)

Wednesday, March 16, 2011

Continental Breakfast (7:30 am)

General Session (8:30 am)

WHAT’S HAPPENING IN WASHINGTON
Dan Jaffe, the ANA’s Executive Vice President for Government Relations will bring a clear focus on what’s happening in Washington and what can be expected in 2011 and beyond.  With an enormous build-up of rulemakings , court cases and potential legislation, 2011 already looks like an extremely active year for the advertising sector.

Dan Jaffe
Executive Vice President, Government Relations
ANA

A WORD FROM OUR CRITICS
In this popular annual session, hear from folks who may not always see eye to eye with the advertising industry.  The session provides a chance to hear first hand what our critics really think – and promises to be lively.  And better yet, you get to ask questions. 

Margo Wootan
Director, Nutrition Policy
Center for Science in the Public Interest

COLLATERAL CONSEQUENCES
Access letters and CID’s from the FTC can ruin your day.  A challenge from NAD or CARU can derail your plans.  A multi-state investigation by Attorneys General can rile your cage.  But what keeps you awake every night is the collateral consequences of the FTC, NAD, CARU and NAAG – class actions.  This session will discuss how to deal with the slippery slope and out of control sledding in consumer protection cases gone wild.

Ron Urbach
Chairman, Partner/Co-Chair, Advertising, Marketing & Promotions
Davis & Gilbert LLP

Jerry Karnick
Associate General Counsel, Marketing & Consumer Law
Verizon Wireless

MAKING THE CASE FOR SELF-REGULATION IN REGULATORY WORLD
The information age has made personal privacy a top consumer protection priority at the FTC, Department of Commerce and on Capitol Hill. The collection of information for interest based advertising has emerged as the focal point for media, regulatory and congressional concerns about privacy, and become the test case for self-regulation in a regulatory world.  Hear about cross industry efforts to address these concerns through an innovative self regulatory program,  as well as the industry’s plans to promote compliance through monitoring  and reporting of non- compliance.

Emilio Cividanes
Partner
Venable LLP

Scott Meyer
Chief Executive Officer
Evidon

Lee Peeler
President and Chief Executive Officer, National Advertising Review Council (NARC)
Executive Vice President, National Advertising Self-Regulation, Council of Better Business Bureaus (CBBB)

Lunch (12:35 pm)

LUNCHEON KEYNOTE
Jim Davidson, Executive Director of the Alliance for American Advertising and The Advertising Coalition, will discuss threats to advertising in the 112th Congress. Even though Republicans control the House of Representatives, advertising and its current tax-deductible status remain vulnerable in the face of a mounting deficit and Tax Code reform. One threat in particular puts children's food advertising at risk with the anticipated release of voluntary guidelines, issued by an Interagency Working Group. Learn how you can help the industry prepare for the challenges ahead.

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

General Session (continued)

KEYNOTE ADDRESS
Bryant Godfrey
Regulatory Counsel, Division of Drug Marketing, Advertising and Communications
Food and Drug Administration

GREEN MARKETING
Get under the surface and see what is really growing in the area of green marketing.  Presenters John Feldman and Jim Dudukovich  will get their hands dirty as they sift through the new FTC Green Guides and analyze them in tough hypothetical situations.  Where might the FTC be headed with implied environmental claims?  How could the FTC's approach to seals and certifications wreak havoc with existing and potential relationships?  How can product and packaging innovators gain some level of certainty in this regulatory environment?

John Feldman
Partner
Reed Smith LLP

James A. Dudukovich
Marketing Counsel
Coca-Cola North America

PUTTING IT ALL TOGETHER:  NEW MEDIA AND THE FUTURE OF ADVERTISING (SOCIAL MEDIA, BEHAVIORAL ADVERTISING, BLOGGING, ASTROTURFING AND MORE)
In what will be a true Grand Finale to a great conference, Prof. Rebecca Tushnet of Georgetown University Law Center will moderate a panel of experts who will put it all together. 

Moderator:
Rebecca Tushnet
Professor of Law
Georgetown University Law Center

Panelists:
Matt Forsyth
Vice President, Legal and Assistant General Counsel
Sapient

Jeffrey Greenbaum
Partner
Frankfurt Kurnit Klein & Selz PC

Felix Hofer
Partner
Hofer Lösch Torricelli

Peter Le Guay
Partner
Thomsons Lawyers

John Salloum
Counsel
Heenan Blaikie

Sarah Stuart
Associate General Counsel
Reebok International Ltd.

Conference Ends (5:00 pm)

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