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2013 ANA Advertising Law & Public Policy Conference

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Please click here to download the conference booklet.

Change Ahead:  Confrontation, Compromise or Chaos?

How will corporate counsel and C-level executives navigate through major legal and public policy issues in an increasingly regulated and litigious marketplace?

The 2013 ANA Advertising Law & Public Policy Conference will address the big issues marketers and their partners will be facing as the Obama Administration in its second term, the new Congress, federal and state regulators, state Attorneys General, the courts, and more take aim on issues that are critical in today’s marketplace - issues that hit everyone’s bottom line.  

Hear (and learn) from the top regulators, lawyers, and business leaders as they address – and debate – what will matter most to you and your company. This is a conference that should be attended by marketing community lawyers, top executives at advertising agencies and media companies, business affairs consultants, procurement officers, and anyone else with a need to know how to deal with the legal and public policy complications and challenges that lie ahead.

Continuing Legal Education (CLE) credit will be provided.

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

Doug Wood
Partner, Reed Smith LLP
ANA General Counsel

When
Begins:Tuesday, March 19, 2013 at 7:30am
Ends:Wednesday, March 20, 2013 at 4:15pm
Where

Four Seasons Hotel
2800 Pennsylvania Ave NW
Washington, DC 20007

The Four Seasons has been SOLD OUT for Monday, March 18 and Tuesday, March 19. To find a hotel nearby, we recommend using Hotels.com for the best rates.

The closest airport to the hotel is Ronald Reagan Washington National Airport (DCA).

Agenda
Tuesday, March 19, 2013
7:30am  

Breakfast

Dumbarton

8:30am  

General Session

Corcoran

 

Opening Remarks

Senator Mark Pryor (D-AR)

Chairman, Communications, Technology & The Internet Subcommittee

Commerce, Science and Transportation Committee, United States Senate

 

Ten Minute Solutions to Five of Your Biggest Problems

There’s a lot that keeps corporate counsel responsible for their company’s advertising and brand management awake at night. Every year seems to bring more problems from every corner, whether it’s the result of overly restrictive regulators, confusing technology, irate consumers, pernicious suppliers, or zealous (and sometimes jealous) competitors. Need some answers or, better yet, solutions? This session will feature five of the leading lawyers in the business – Rick Kurnit, Ron Urbach, Larry Weinstein, John Hendrickson and Felix Hofer – who will, in just ten minutes, give you the solutions they think you need, even though some may raise a few eyebrows! Find out how to pay ad agencies for their IP when they just won’t let it go, what your immediate response needs to be when attacked on social media, how to prevent algorithms from running (or ruining) your marketing, and more. In a lively sixty minutes, you’ll walk away with new ideas on how to get a good night’s sleep.

Felix Hofer

Founding Partner

Hofer Lösch Torricelli

Rick Kurnit

Partner

Frankfurt Kurnit Klein & Selz PC

Ron Urbach

Chairman and Co-Chair, Advertising, Marketing & Promotions Practice Group

Davis & Gilbert LLP

Larry Weinstein

Partner

Proskauer Rose LLP

John Hendrickson

Principal

Manhattan Advertising & Media Law, Inc.

 

What will the Obama Administration and Congress do to Advertising and Marketing?

The 113th Congress has opened with another can kicked down the road with an agreement on new revenues from tax increases but no agreement on long-term spending and revenue issues. Driving the debate will be the potential confrontation over whether to raise the nation’s debt limit, the demand from the business community to lower business tax rates, and a long overdue restructuring of the federal Tax Code. Rep. Kenny Hulshof (R-MO) served for 12 years on the powerful House Ways and Means Committee, which has jurisdiction over the Tax Code. Hulshof was one of the authors of the 2001 and 2003 Bush tax cuts. Rep. Martin Frost (D-TX), former Senior Democrat on the House Rules Committee, helped manage the floor consideration of the 1986 Tax Reform Act and also served on the House Budget Committee and as Chairman of the House Democratic Caucus. These veteran legislators know all of the key Senators and Representatives who will be managing this debate. They will offer their insights into how tax reform, and the forthcoming debate over spending reductions is likely to evolve and impact advertising.

Martin Frost

Shareholder

Polsinelli Shughart PC

Kenny Hulshof

Shareholder

Polsinelli Shughart PC

11:00am  

Coffee Break  

Foyer

 

General Session (continued)

Living Beyond the Edge - A Report from Washington

Washington is back at work after a grueling $6 billion election in which President Obama was reelected and the Democrats made modest gains in Congress. Now, there are real issues to be dealt with. Dan Jaffe from ANA’s Washington office will provide a very timely update on where things stand in regard to tax reform (the tax deduction for advertising may be threatened), food advertising, advertising to children, privacy self-regulation, online piracy, the tobacco court cases, and more.

Dan Jaffe

Group Executive Vice President, Government Relations

ANA

Corcoran

 

Keynote Address

Doug Gansler is the Attorney General of Maryland and the current President of the National Association of Attorneys General (NAAG).  As President of NAAG, he has made “Privacy in the Digital Age” his presidential initiative. Learn how this initiative is exploring the best ways to manage privacy risks - from geo-location tracking to data collection and data breaches – and how it’s balancing the need to protect online privacy and provide consumers with control while continuing to enhance our lives and our economy.

Doug Gansler

Attorney General, State of Maryland

President, National Association of Attorneys General

12:45pm  

Luncheon  

Dumbarton

1:45pm  

General Session (continued)

Corcoran

 

Have Women in Advertising Really Come a Long Way, Baby?

Despite increasing cracks in the glass ceiling in Washington and in boardrooms across the globe, the images of women in advertising have not exactly "come a long way, baby." Idealized images help sell products, of course, but everywhere you look women appear Photoshopped and in demeaning or even degraded representations. These trends have even accelerated in new media which too often lack the gatekeeper controls of major networks and publishing houses. Are these issues simply matters of good taste and decency better left to the market to regulate through self-regulation? Or is there something deceptive or unfair about showing perfect airbrushed beauties or emaciated female models in demeaning positions that should make it an enforcement issue for the government? This panel will tackle these issues from a global perspective for a thought-provoking and eye-opening discussion.

Moderator: Amy Mudge

Partner

Venable LLP

Jodie Bernstein

Of Counsel

Kelley Drye & Warren LLP

Beverly Porway

Associate General Counsel

Reckitt Benckiser

Jenny Pienaar

Partner

Adams & Adams

Guy Parker

Chief Executive

Advertising Standards Authority Ltd

Lynne Omlie

Senior Vice President, General Counsel & Secretary

Distilled Spirits Council of the United States, Inc. (DISCUS)

2:40pm  

Coffee Break  

 

Breakout Session I (choose one)

 

A: Buying the Bridge: Beating Patent Trolls at Their Own Game

Non-Practicing Entities (NPEs), sometimes referred to in the pejorative as “patent trolls,” execute an arbitrage by buying patent assets in a context of low value, usually from an owner that lacks the resources to enforce the patents. The NPE then extracts fees from industry participants by leveraging the high cost of defending patent assertions. The NPE revenue model relies on the availability of inexpensive patents on the open market. This panel will discuss how the advertising industry can become a player in the patent marketplace to reduce the ability of NPEs to arbitrage patents that could be asserted against advertisers and agencies.

Moderator: Marc Kaufman

Partner

Reed Smith LLP

Joshua Goodman

General Counsel

Digitas

Tom Finneran

Executive Vice President, Agency Management Services

4A's

Allen Yee

Counsel for IP Litigation

The Coca-Cola Company

Corcoran

 

B: Private AND Secure: New Expectations for Marketers and Their Counsel

Data privacy, a perennial topic on marketers’ agenda, has been joined by a new focus on digital security. On both sides of the Atlantic, corporate board members and general counsel now rank data protection at the top of their list of concerns, and government officials from Brussels to Baltimore have never been as active in proposing and enforcing data security obligations.

Learn the latest from this panel of leaders:  What’s behind the media coverage of cyber-attacks?  What are the key policy proposals  to tighten up data security standards, and how will such proposals affect digital and traditional marketing strategies? What is the outlook for enforcement in 2013 and beyond?  And what should marketers and their lawyers – as stewards of corporate reputation and ever-increasing amounts of data – be doing now to meet the heightened security expectations of their companies’ investors, policymakers, regulators, and consumers?

Harriet Pearson

Partner

Hogan Lovells US LLP

Thomas Hibarger

Managing Director

Stroz Friedberg

Dumbarton

3:35pm  

General Session (continued)

SAG-AFTRA: One Union, One Industry

2013 is the year in which the ANA-4A’s Joint Policy Committee for Broadcast Talent Relations will negotiate a new collective bargaining agreement with SAG-AFTRA, now a united union. As the digital revolution sweeps through video production, the challenges in negotiating the $3 billion Commercials Contract, the largest collective bargaining agreement in the entertainment industry, are daunting. The negotiations end on March 31, 2013, just twelve days after the conference begins, so this session could not be timelier. Hear an update from the industry’s lead labor negotiator, ANA General Counsel, and Reed Smith partner Doug Wood, that may change the future in commercial production.

Doug Wood

Partner

Reed Smith LLP

Stacy Marcus

Associate

Reed Smith LLP

Corcoran

 

Address Collection, Data Protection and Advertising (Global Advertising Lawyers Alliance Panel)

As the European Union is working on a replacement of the 1995 EU Data Protection Directive and other countries are enacting and enforcing data protection and privacy regulations this panel from four different jurisdictions (Australia, Canada, Germany and Peru) will provide a short overview of the different legal challenges you might face when using personal data for advertising purposes.

You will hear about the legal traps (and consequences) you face when using personal data in advertising. This is not only about the form of advertising (we all know that unsolicited emails or other means of electronic advertising is illegal in many countries) but also on the requirements of the use of personal data for advertising in general. The panel will also cover the prerequisites for a valid consent for the use of personal data for advertising purposes in general and as far as special means of advertising are concerned. At the end the panel will point out where non-compliance with the data protection and privacy regulations can resolve in serious fines and/or court actions (preliminary injunctions).

Moderator: Søren Pietzcker

Partner

Heuking Kühn Lüer Wojtek

Adam Kardash

Partner

Heenan Blaikie

Luis Diez Canseco Nuñez

Partner

Muñiz, Ramírez, Pérez-Taiman & Olaya

Peter Le Guay

Partner

Thomsons Lawyers

5:30pm  

Cocktail Reception  

Wednesday, March 20, 2013
7:30am  

Breakfast  

Welcome

Gail Murray

Senior Business Affairs Manager

Extreme Reach

Dumbarton

8:30am  

General Session

Corcoran

 

COPPA: What the Newly Revised Rule will Mean for Kids Marketing and Beyond

The FTC recently announced the most significant changes to the Children's Online Privacy Protection Act (COPPA) Rule in a decade. This session will address seven of the most salient changes to the Rule - the new strict liability standard for operators, the new notice provisions, the revised treatment of cookies and other “persistent identifiers,” new categories of “personal information,” and the implications for behavioral marketing, even beyond the kids space. The session will also focus on the ways in which the safe harbor provisions strengthen the role of self-regulation or weaken it, how the FTC’s privacy principles have been “baked into” the revised Rule and may require modifications to existing corporate policies, and how companies can take actions that minimize the risk that they will be targets of FTC enforcement actions.

Moderator: John Feldman

Partner

Reed Smith, LLP

Wayne Keeley

Vice President & Director, Children's Advertising Review Unit (CARU)

Council of Better Business Bureaus

Kandi Parsons

Staff Attorney, Division of Privacy and Identity Protection

Federal Trade Commission

 

Keynote Address

Julie Brill has been a leader on issues of critical importance to today’s consumers – from consumer privacy and encouraging appropriate ad substantiation to protecting consumers from financial fraud.  Hear what the FTC’s plans are for 2013 in areas such as mobile privacy, data collection and consumer protection. 

Julie Brill

Commissioner

Federal Trade Commission

10:25am  

Coffee Break

 

Breakout Session II (choose one)

 

A: Addressing Ad-Supported Online Piracy: The ANA/4A's Best Practices (Almost) One Year Later

In May 2012, the ANA and 4A’s issued a Joint Statement of Best Practices regarding affirmative steps advertisers and agencies should take to avoid inadvertent ad support for Internet sites that are primarily engaged in facilitating intellectual property theft.  How have marketers and agencies implemented these Best Practices?  What has been the impact on contracts and compliance? What are the practical challenges?  What tools are available now, or on the horizon, to meet them?  How are leading ad networks (and technology platforms) stepping up to the problem?  What are the next steps? 

Moderator: Steve Metalitz

Partner

Mitchell Sillberberg & Knupp LLP

Mike Zaneis

Senior Vice President & General Counsel

Interactive Advertising Bureau

Po Yi

Vice President & Chief Advertising Counsel

American Express Travel Related Services Company, Inc.

Daniel Kummer

Vice President, Litigation & Content Protection

NBCUniversal Media, LLC

Dumbarton

 

B: Bridging the Legal Communication Gap

In the world of creative development - and at advertising agencies in particular - “legal” is often considered a dirty word. But as we quickly learned at The Martin Agency, legal claims do happen. Whether it be from a misunderstanding by the creative talent as to what is and isn’t permissible, a lack of effective communication between creative and legal - or both. In this session we will review and discuss examples of "what shouldn't have been done" and one agency’s efforts to bridge the legal education and communication gap through a very powerful tool - creativity.

Christine Branin

Senior Vice President, Talent and Traffic

The Martin Agency

Michael Plaut

Vice President, Asst. General Counsel, Dir. of Advertising Legal Services

Interpublic Group

Corcoran

11:30am  

General Session (continued)

Corcoran

 

The Wide World of Sports Sponsorship and Brand Promotion

Interested in brand promotion and protection in major sporting events such as the World Cup, Olympic Games, and the Super Bowl? Up for consideration in this session are the competing perspectives of sponsored and non-sponsored companies in access to ticket holders and nearby consumers, the legal implications of clean zones, limited duration licenses and other cooperative arrangements between host and organizing committees, law enforcement, venue organizations and featured businesses, and protections and policies afforded by trademark, anti-counterfeiting and consumer protection laws. These topics will be explored in domestic, international, and comparative law contexts.

Moderator: Professor Michael McCann

Director, Sports & Entertainment Law Institute

University of New Hampshire School of Law

Kathryn Barrett Park

Senior Counsel, Advertising and Brand Management

General Electric Company

Michael Kuh

Counsel

Latham & Watkins LLP

Christopher Sloan

Assistant Vice President & Senior Corporate Counsel

Liberty Mutual Insurance Company

12:30pm  

Luncheon

Dumbarton

 

Luncheon Keynote

Fadi Chehadé

President & Chief Executive Officer

ICANN

1:30pm  

General Session (continued)

 

Legal Issues of Social Media - Case Studies from the World of Cinema

This panel will use examples taken from mobile and social media campaigns for the tent-pole United States theatrical releases of “The Hunger Games,” “The Twilight Saga” franchise and other films released by Lionsgate and Summit Entertainment to illustrate the key legal issues that affect how these campaigns are structured and activated by the studios and their stable of promotional partner brands across various media channels.

Rachel Kimbrough

Vice President, Business & Legal Affairs

Lionsgate

Benjamin Mulcahy

Partner, Entertainment, Media & Technology Group

Sheppard Mullin Richter & Hampton LLP

Jack Pan

Executive Vice President, Theatrical Marketing

Summit Entertainment, A Lionsgate Company

Corcoran

2:25pm  

Coffee Break  

 

Breakout Session III (choose one)

 

A: Intellectual Property Rights in the Digital Age

Does social media facilitate infringement? Many social platforms permit companies and individuals to link to, post, and share content they do not own. Respected pundits claim much of this activity infringes third party copyrights and other intellectual property rights. Do we really live under a legal regime that labels the majority of social media users lawbreakers? How is the law evolving to keep up with social media? How are advertisers supposed to make sense of any of this?

This presentation will explore the legal and business risks when companies use social media. Topics include social media architecture (how do API's and inline links work? Do they implicate the reproduction, display, performance and other exclusive rights of copyright owners?), permissions (what sharing is authorized by content owners - and social media platforms - and what are the limits?), "side loading” and safe harbors (does the DMCA protect platforms like Pinterest?), rights of publicity (are brands precluded from doing what everyone else can do with tweets and posts?) and fair use, revisited (has the fair use analysis changed in the age of social media? Should it change?)

Brian Murphy

Partner

Frankfurt Kurnit Klein & Selz PC

Terri Seligman

Partner

Frankfurt Kurnit Klein & Selz PC

Tiffany Hall

Counsel

Pernod Ricard USA

Corcoran

 

B: ICANN Top Level Domains

New top level domains (TLDs) from ICANN’s vast expansion of the TLD program are expected to be active in just a few short months. Groups such as ANA and others in the business and association communities have been pushing for additional protections for brand names and trademarks. These additional protections are vital to protect consumers online. Meanwhile, ICANN is still working within the multi-stakeholder system to determine when and how to deploy new gTLDs. Hear the latest on the attempt to protect your brand names from the people who have been leading the charge.

Amy Mushahwar

Of Counsel

Ballard Spahr LLP

Sarah Deutsch

Vice President and Associate General Counsel

Verizon Communications

Bill Smith

Technology Evangelist

PayPal, Inc.

Dumbarton

3:15pm  

General Session (continued)

The Future of Claim Substantiation After Pom Wonderful

In its most important decision on the substantiation doctrine in years, a unanimous FTC dealt a harsh blow to an advertiser and disappointed an enforcement staff that wanted tougher rules. In the same decision, POM Wonderful, a divided FTC argued over whether and how well the advertiser tailored its claims to match the evidence it had. Did the FTC finally settle the long simmering debates on the amount of evidence an advertiser must have to support a claim? Did the FTC make new law? How will the decision affect ongoing investigations and private litigation? Will it survive appeal? A former Director of the Bureau of Consumer Protection and an ANA member will discuss these questions and give both encouraging and discouraging news about the future of advertising law at the FTC.

Bill MacLeod

Partner

Kelley Drye & Warren LLP

Adam Newton

Associate General Counsel-Associate Director

The Procter & Gamble Company

Corcoran

4:15pm  

Conference Adjourment

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