2015 ANA Advertising Law & Public Policy Conference
The Collision of Law and Policy: What Lies Ahead for Advertisers and Marketers
Now in its 11th year, ANA’s Advertising Law & Public Policy Conference is the industry’s leading conference for anyone interested in the legal and political environment for advertising and marketing.
This must-attend conference is for senior lawyers and business executives engaged in the marketing ecosystem. Come to hear from a slate of speakers from top law firms, leading marketers, and important regulators, who will discuss the latest developments you need to be aware of to navigate through the turbulent political and legal environment. We will identify and address the latest significant legal and regulatory developments that have arisen over the past year — from the debate over advertising taxes and privacy to developments in digital advertising, self-regulation, social media, international advertising law, and state regulation.
Significant Continuing Legal Education (CLE) credits will be offered.
|Begins:||Tuesday, March 31, 2015 at 7:30am|
|Ends:||Wednesday, April 1, 2015 at 4:00pm|
The Four Seasons
2800 Pennsylvania Ave. NW
Washington, DC 20007
The ANA has negotiated a special room rate of $299/night. In order to use the ANA rate, you must be registered to attend the conference. A reservation link will be provided under the "Important Information" section of your conference registration confirmation email. The cut-off date is Monday, March 9, 2015, after which prevailing rates apply.
|ANA Member||BAA Member||Non-Member|
|Conference Registration Fee||$1,195.00||$1,195.00||$1,395.00|
THE FUTURE IN TEN MINUTES OR LESS
Join a panel of the top lawyers in the business in a whirlwind tour of what advertising law will be in ten years. What does the future hold for advertising counsel? Is the commercial dead and content king? Is privacy a myth? Is there anything that isn't an app? Hear from the seers about the changed world awaiting us all.
Stuart P. Ingis
Frankfurt Kurnit Klein & Selz PC
Ronald R. Urbach
Davis & Gilbert LLP
Lawrence I. Weinstein
Proskauer Rose LLP
Douglas J. Wood
Reed Smith LLP
THE NATIVES ARE RESTLESS: LEGAL PERSPECTIVES ON NATIVE ADVERTISING
How has sponsored media complicated the landscape for commercial speech and advertising? How are the concepts of “materiality” and “deception” realized in the context of sponsored media? Do the traditional requirements of adequate disclosure affect “native advertising” differently from a First Amendment perspective because of the way in which media is increasingly funded? Learn the answers to these questions and more at this session which will provide the latest perspective on the tension between consumer protection enforcement and commercial speech in the age of sponsored media.
John P. Feldman
Reed Smith LLP
Laura M. Sullivan
Staff Attorney, Division of Advertising Practices
Federal Trade Commission
THE PEOPLE ARE REVOLTING: ADVERTISING IN THE AGE OF REVIEW SITES
Review sites have become an integral part of our lives, providing a rich source of information about restaurants, consumer products, movies, doctors, and more. What can a company to do when it believes it has been unfairly reviewed by a consumer? How can a brand use positive consumer reviews in its advertising campaigns? This session will explore recent cases where dissatisfied businesses have challenged how review sites curate, aggregate, and present consumer reviews as well as how some of them advertise (allegedly falsely) the reliability of the reviews on their sites. We will also discuss practical strategies that you can pursue, short of litigation, when your company receives harsh treatment at the hands of a disgruntled consumer. In addition, we will examine whether reviews are sufficiently reliable to be used to substantiate advertising claims and the disclosure obligations that are imposed on a brand that uses positive reviews in advertising. Along the way, we will consider whether the Section 230 of the Communications Decency Act continues to successfully serve its policy objectives by insulating review sites from many liabilities arising from consumer misbehavior — or whether it is time to take a different approach.
Brian G. Murphy
Frankfurt Kurnit Klein & Selz PC
WHAT THE NEW POLITICAL REALITY MEANS FOR ADVERTISERS
The new GOP-led Congress has arrived, promising to break the gridlock in Washington. House Ways and Means Chair Paul Ryan (R-WI) and Senate Finance Chair Orrin Hatch (R-UT) have placed comprehensive tax reform high on their agendas. Can a tax reform consensus be reached and how will this affect advertising tax deductibility? What does the new political reality mean for data security and privacy, patent trolls, piracy, food and beverage advertising, and advertising to children? Get an analysis of what all this means for the advertising industry.
Group Executive Vice President, Government Relations
LABORATORIES OF DEMOCRACY: STATE PRIVACY AND SECURITY INITIATIVES
Justice Brandeis's famous quote that states can “serve as a laboratory” still rings true, especially when it comes to regulation of online privacy and data security. In the past few years, issues such as data breach notification, location tracking, and the use or disclosure of student data for advertising purposes, not to mention the patchwork of inconsistent laws in other privacy areas, have loomed large. This session will focus on the considerable ongoing activity at the state level. Anyone who operates in this environment should attend.
SOCIAL MEDIA 2.0 - WHERE ARE WE NOW?
Social media raises key intellectual property issues, including trademark, copyright, and rights of privacy and publicity. Beyond that, there are numerous legal issues that come into play, including the rise of social media “war rooms” and the ever-changing role legal plays in reacting to issues raised in real time surrounding social media and tent pole events (e.g., the Super Bowl and Grammys); what you must understand about legal versus practical risk and how to apply them in real time; and the difference between corporate communications versus advertising and how to get it right. Finally, does the First Amendment fully protect corporate social media speech and, if not, should it? This session will review the current status of the world of social media looking back at major campaigns and issues from the past year.
Joseph J. Lewczak
Davis & Gilbert LLP
SAG-AFTRA AND THE JPC – FINDING COMMON GROUND
The commercials contract between SAG-AFTRA and the JPC is a $238 million agreement covering all aspects of commercial production. It was most recently renegotiated in 2013. This panel will provide a lively discussion of the nuts and bolts of the commercials contract and building a collaborative relationship between SAG-AFTRA and the industry, including the advertiser and union perspectives.
Stacy K. Marcus
Partner, Reed Smith LLP
Counsel to the Joint Policy Committee on Broadcast Talent Union Relations (JPC)
National Executive Director
THE CURRENT AND FUTURE STATE OF ADVERTISING SELF-REGULATION
Advertising industry self-regulation has been lauded for its role in promoting truthfulness and accuracy in national advertising. How has the program weathered its 40-plus years of existence? What are its strengths and weaknesses? How can it better serve the industry and consumers? In August 2014, an American Bar Association section of antitrust law working group was formed to consider these issues and the response was immediate. The working group’s findings will be presented during this program and will include recommendations concerning National Advertising Division and National Advertising Review Board procedures and processes as well as measures intended to better promote competition while protecting consumers.
John E. Villafranco
Kelley Drye & Warren LLP
MARKETING WITH NEW TECHNOLOGY: THE INTERSECTION OF ADVERTISING AND DATA COLLECTION
This session will examine how advertisers can tout the benefits of their x-ray vision into the minds and behavior of consumers in a manner that diminishes the likelihood of regulatory scrutiny or consumer backlash. Panelists will discuss how new technology enables targeted marketing, streamlined customer service, and real-time results. The conversation will also highlight privacy risks and discuss how they can lead to customer concerns and regulatory attention.
Arent Fox LLP
DATA SECURITY - WHAT'S NEXT?
This panel will discuss the evolution of data breach and security litigation in the class action and enforcement arenas, and identify new privacy litigation risks appearing on the horizon as a result of recent experience with security breaches at Sony Pictures, major retailers, and leading financial institutions. In addition to federal agency responses, state legislatures are enacting a patchwork of laws and regulations that present compliance and litigation challenges for merchants in every field. You will gain valuable insights about the interplay between government agency enforcement and private class action litigation in this area, and alternative approaches to mitigate enforcement and litigation risks both before and after a data breach.
Thomas E. Gilbertsen
MEETING THE CHALLENGES OF PRODUCING COMMERCIALS OVERSEAS
Brand owners and agencies are increasingly looking to leverage the advantages of overseas advertising production, whether for an exotic location, new talent, or simply cost savings. With these benefits come a whole host of risks and the need to understand unfamiliar foreign laws and commercial practices. These include national restrictions on the export of intellectual property; different treatment for ownership of intellectual property, with no equivalent of “work for hire”; special national requirements in relation to advertising production; a plethora of rules relating to cultural sensitivity in everything from works of art to ancient war dances; special taxes on American and other ‘foreign’ entertainers gracing foreign film sets; and a host of other ‘national’ issues peculiar to specific countries. With the help of this panel of advertising law experts from around the world, members of the Global Advertising Lawyers Alliance, you will feel confident in circumnavigating the world of global advertising production.
Lewis Silkin LLP (GALA United Kingdom)
Additional Confirmed Speakers:
Federal Trade Commission
Attorney General, State of Mississippi
President, National Association of Attorneys General (NAAG)
More to come!