2017 ANA Advertising Law & Public Policy Conference

Partners in Change

As the world shrinks and digital takes control, effective advertising lawyers are not just building the bridge between creative freedom and consumer protection, they have increasingly become embedded in the marketing process, from beginning to end. Lawyers are now partners to CMOs, brand managers, and creative directors. That's not an easy position. However, armed with the right knowledge, today's marketing lawyer is a valued member of the team. This conference, now in its 13th year, will show senior practitioners and C-suite executives how to join hands to facilitate the creation of effective, successful marketing campaigns using all available tools.

Continuing Legal Education (CLE) credit will be offered.

The hashtag for this event is #ANAAdLaw.

when

Start: Tuesday, March 28, 2017 at 7:30am

End: Wednesday, March 29, 2017 at 4:30pm

WHERE

The Ritz-Carlton, Washington DC
1150 22nd Street, N.W.
Washington, DC 20037

The ANA has negotiated a special room rate of $369/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 Tuesday, March 7 2017, after which prevailing rates apply.

Registration Pricing

ANA Associate Gold Associate Silver Associate Individual Non Member
Registration
Conference Registration ANA $1,295 Associate Gold $1,295 Associate Silver $1,395 Associate Individual $1,495 Non Member $1,495

For issues processing your registration or other frequently asked questions, please refer to  this page.



Agenda

TIME EVENT DETAILS LOCATION
Monday, March 27, 2017
2:00pm ANA Legal Affairs Committee Meeting & Reception

For the third year in a row, there will be a special pre-conference meeting of the ANA Legal Affairs Committee, followed by a networking reception, at Reed Smith's Washington, DC offices. 

The pre-conference committee meeting has been a well-received addition to the conference. This year's topics and speakers include:

  • A self-regulatory recap and lessons learned from ASRC's Lee Peeler
  • An update on SAG-AFTRA and AFM from Reed Smith's Stacy Marcus

To register for the committee meeting, please visit the meeting page.

PLEASE NOTE: The ANA Legal Affairs Committee pre-conference events are open to current committee members and ANA corporate marketer members attending the conference ONLY.

Tuesday, March 28, 2017
7:00am Registration Opens

7:30am Breakfast

8:30am General Session

OPENING REMARKS

TWEETING WITH WORDS

Back by popular demand, we’ll once again start the conference with a fast-paced exchange among leading lawyers in the business with live tweets from attendees— in 140 characters or less—and their answers must be given in 140 seconds or less!  Send your tweets using the hashtag #ANAAdLaw. No limits! Ask whatever you’d like about the new administration, the FTC, FCC, and NAAG, SAG-AFTRA, data security, piracy, bots, technology, measurement, viewability, metrics, and media transparency. It’s all fair game.

Moderator: Douglas J. Wood (@djwood1976)
Partner Reed Smith LLP
Felix Hofer
Founding Partner Hofer Lösch Torricelli
Rick Kurnit (@rkurnitfkkscom)
Partner, Advertising, Marketing, IP and Employment Frankfurt Kurnit Klein & Selz PC
Carla Michelotti (@CarlaAdLaw)
President Carla Michelotti LLC
Ronald R. Urbach (@RonaldUrbach)
Chairman and Co-Chair, Advertising, Marketing and Promotions Practice Davis & Gilbert LLP
Lawrence I. Weinstein
Partner Proskauer Rose LLP

THE NEW WASHINGTON

The dust is finally settling after a rough-and-tumble election campaign that gave the GOP full control in Washington for the first time since 2006. The Trump administration is rapidly taking shape, and the legislative and regulatory battles have already begun. Tax reform, online privacy, health care, and much more are on the agenda. What does this mean for the advertising industry? Will the industry see its longstanding tax deduction threatened? Will the FCC privacy rules be adopted or will the new administration go in a different direction? What does the new reality mean for other advertising categories? How will potential U.S. Supreme Court personnel changes affect us? ANA's Dan Jaffe will attempt to provide a light through the fog of uncertainty.

Dan Jaffe (@ANAGovRel)
Group Executive Vice President, Government Relations ANA
10:15am Networking Coffee Break  

10:40am Breakout Sessions 1

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

Breakout 1-A

MARKETING IN AUGMENTED REALITY: POKÉMON GO AND TREASURE HUNTS IN THE DIGITAL AGE

Marketers are grabbing hold of new technologies to engage and entertain their customers. But what are the potential minefields…or Pokéstops? This panel will explore promotions and privacy law issues for augmented reality games and marketing.

Tanya Forsheit (@Forsheit)
Partner Frankfurt Kurnit Klein & Selz PC
Terri Seligman (@TerriSeligman)
Partner Frankfurt Kurnit Klein & Selz PC
Tori Chami
Vice President and Senior Counsel American Express Company
Breakout 1-B

TRACKING AND TARGETING IN MEDIA BUYS: AN ADVERTISER'S PERSPECTIVE

As more and more data about consumers is collected and packaged, advertisers in all sectors continue to seek new ways to put that data to use through analytics and targeting. This panel offers a discussion of the considerations advertisers should keep in mind when they enter the big data game.

Adam Ekonomon
Vice President and Deputy General Counsel, Marketing and Regulatory The J.M. Smucker Company
Maja Fabula
Senior Corporate Counsel Tenneco
Robert Newman
Partner Winston & Strawn LLP
11:30am General Session cont.

THE SHERMAN ACT AND THE ADVERTISING INDUSTRY

Rebecca Meiklejohn, trial attorney with the Department of Justice Antitrust Division, returns to address ANA conference attendees for the first time since 2005, with insights from decades of experience as a criminal prosecutor. She will give her perspective on antitrust compliance issues in the advertising industry and the criminal enforcement role of the Department of Justice.

Rebecca Meiklejohn
Trial Attorney, Antitrust Division United States Department of Justice
12:15pm Lunch  

1:30pm General Session cont.

KEYNOTE ADDRESS

TBD

THE ADVERTISER’S HIDDEN WEAPON: TECHNOLOGY

A panel of technology experts will provide a core understanding of solutions that can help advertisers track and measure viewability, audience, and costs throughout the ecosystem to ensure that their advertising dollars are not being wasted. The information learned in this session will enable lawyers and executives, responsible for negotiating deals with media buying agencies and other ecosystem participants, understand that the best weapon against technology barriers is technology itself.

Moderator: Keri S. Bruce (@KeriSBruce)
Partner Reed Smith LLP
Andrew Altersohn
CEO AdFin Solutions
Susan Salop
Director, Advertising Adobe Systems Incorporated
Michael Tiffany
Co-Founder and CEO WhiteOps
3:10pm Networking Coffee Break  

3:30pm Breakout Sessions 2

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

Breakout 2-A

BEYOND THE MUSIC LICENSE

Advertisers often use music to connect with consumers. This panel will discuss ways marketers can work with music labels to further enhance their brand-building campaigns and various legal minefields and negotiating points involved in a broader music deal.

Susan Arnold
Vice President, Strategic Marketing & Commercial Music Group Sony/ATV Music Publishing
Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing, and Promotion Fiat Chrysler Automobiles
Gina Reif Ilardi
Partner Jenner & Block LLP
Breakout 2-B

IMPROVING THE CONSUMER ONLINE ADVERTISING EXPERIENCE

Advertising is the financial backbone of the free commercial Internet. Consumers, however are growing increasingly frustrated with irrelevant or disruptive advertising. The Coalition for Better Ads is an industry-wide effort to improve the consumer experience with digital advertising. The Coalition leverages consumer insights and cross-industry expertise to develop and deploy new standards and best practices for online ads, in order to create an advertising experience in which consumer incentives to use ad blocking technologies are diminished. ANA is one of the Coalition’s founding members. This panel will discuss the Coalition’s approach to the development of cross-industry practices and research findings that will help improve the consumer ad experience.

Stuart P. Ingis
Chair-Elect Venable LLP
4:20pm General Session cont.

A GLOBAL PERSPECTIVE

No campaign is an island. Whether preparing a multinational program, or simply considering potential regulation at home, it is important to be armed with an understanding of global trends. Hear members of the Global Advertising Lawyers Alliance (GALA) discuss recent key developments in law and enforcement.

Moderator: Catherine Bate
Partner Miller Thompson LLP (Canada)
Brinsley Dresden
Partner Lewis Silkin LLP (United Kingdom)
Søren Pietzcker
Partner Heuking Kühn Lüer Wojtek (Germany)
Fiona Robertson
Senior Associate Al Tamimi & Co. (UAE)
Uri Weinstok
Partner BLP Legal (Costa Rica)
Justina Zhang
Senior Partner TransAsia Lawyers (China)
5:30pm Networking Reception  

Wednesday, March 29, 2017
7:00am Registration Opens

7:30am Breakfast

8:30am General Session

KEYNOTE ADDRESS

Maureen K. Ohlhausen
Acting Chair Federal Trade Commission

THE SOCIAL MEDIA WAR ROOM

Employees can be your greatest brand ambassador — until things go awry. How can you keep them from causing a PR (or worse, a legal) nightmare? We’ll have experts from one of the leaders in the field, who will discuss Dell’s social media policy; specifically, how the company established rules for employee disclosure in social media; created an employee advocacy training program; and most importantly, identified best practices. Lessons learned as Dell encouraged employees to post about its products and services on social media will be discussed. 

Amy Heiss (@AmyHatDell)
Director of Social Media Activation (SMaC U) Dell Inc.
Ryan Garcia
Legal Director Dell Inc.
Joseph Lewczak (@JosephLewczak)
Partner Davis & Gilbert LLP
10:15am Networking Coffee Break

10:35am Breakout Sessions 3

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

Breakout 3-A

KNOWLEDGE IS POWER: HOW SOCIAL MEDIA AND CONSUMER ENGAGEMENT CAN BE USED AS BOTH A SWORD AND SHIELD

Companies have access to more consumer data than ever before and should be leveraging that data both to protect and to differentiate themselves in the marketplace.  Through careful and constant analysis of a company’s social media presence, as well as that of their customers and their competitors, companies can take affirmative steps to address consumer concerns before they transform into demand letters or litigation.  When litigation cannot be avoided, social media and consumer engagement evidence can be a tool in defending against false advertising claims; e.g., to defeat commonality or predominance in a class action, attack a plaintiff’s credibility, or offer potential consumer perception evidence of an implied advertising claim. From a competitive perspective, this evidence can also inform a company’s decision to litigate or challenge a competitor’s claims before the NAD or NARB.

Nicole D. Bearce
Associate General Counsel - Litigation Unilever United States, Inc.
John Villafranco (@KelleyDryeAdLaw)
Partner Kelley Drye & Warren LLP
Breakout 3-B

COMMERCIAL SPEECH AND THE FIRST AMENDMENT - WHAT'S NEXT?

Current First Amendment commercial speech issues, with particular emphasis on the increasing use of compelled disclosures and disclaimers, take the spotlight in this session. Cases on the Supreme Court’s current docket and the direction the Court may take if Judge Neil Gorsuch’s nomination is approved by the Senate will be examined. This presentation will include a discussion of the expansion of the jurisdiction of the Federal Communications Commission to require commercial disclosures and whether or not that trend is likely to continue under the new administration.

Robert Corn-Revere
Partner Davis Wright Tremaine LLP
Chris Roblyer
Senior Managing Counsel, Strategic Marketing The Coca-Cola Company
11:25am General Session cont.

MEDIA TRANSPARENCY AND THE FORK IN THE ROAD

Join celebrated Wall Street Journal Advertising Editor Suzanne Vranica as she leads a panel on media transparency — what Ad Age called one of the biggest stories of 2016. Joining Suzanne is Ronald Pullem, co-founder of the Open Market Programmatic Work Group. As baseball legend Yogi Berra said, “When you reach a fork in the road, take it.” What fork will media take — the bright fork of transparency or the dark path into the forest?

Moderator: Suzanne Vranica (@VranicaWSJ)
Advertising Editor The Wall Street Journal
Ronald Pullem
Co-Founder Open Market Programmatic Work Group
12:20pm Lunch  

Tim Hale
Chief Talent Officer Extreme Reach
1:30pm General Session cont.

NAVIGATING THE FINE PRINT: THE CHALLENGE OF DISCLOSURES

Disclosures have become a priority for enforcers and, with rapidly evolving technology, are a growing challenge for marketers. The FTC has called for clearer disclosures for advertising claims, endorsements, social media, and privacy, as well as wherever is necessary to prevent deception. Exactly what information is necessary and when are disclosures effective? This session will examine the enforcement landscape and consider best practices for navigating the world of disclosures.

David Mallen
Partner Loeb & Loeb LLP
Jeffrey Smith
Senior Vice President & Deputy General Counsel Comcast Cable
2:25pm Networking Coffee Break

2:40pm Breakout Sessions 4

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

Breakout 4-A

TBD

Breakout 4-B

O̶R̶A̶N̶G̶E̶ FOOD IS THE NEW B̶L̶A̶C̶K̶ ASBESTOS?

Class action lawyers are nimble in finding the next big thing, often based on evolving regulations or regulatory gaps. This panel will trace the evolution of the mass tort and how it became the model for false advertising, through case examples of tobacco, pharmaceuticals, dietary supplements, and food. Business strategies for companies seeking to minimize risk and reduce litigation costs will be explored.

Amy Mudge
Partner Venable LLP
3:30pm General Session cont.

ETHICS SPEED ROUND

For the final session of the conference, join Doug Wood as he moderates a panel of leading in-house counsel on ethics issues. It’s going to be a fast-paced question-and-answer session discussing the traditional ethics rules often forgotten (at one’s peril), the emerging challenges in the era of digital communications, and the demise of formalities, once the hallmark of lawyer communications.

Moderator: Douglas J. Wood (@djwood1976)
Partner Reed Smith LLP
Heidi Baltes-Braniff
Corporate Counsel InterContinental Hotels Group
Mary Carragher
Chief Counsel, Trademarks Mondelez International, Inc.
Jennifer Magyar
Director, Global Contracts and Advertising Subway
4:30pm 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 start date. No refunds will be granted for any cancellations received after the conference start date or for 'no shows.' Corporate packages are not eligible for cancelation. 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. Please contact the hotel for further details.

Miscellaneous:
     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 two weeks prior to the conference may not be included in the attendee list.