2016 ANA Advertising Law & Public Policy Conference

There will be a special pre-conference meeting of the ANA Legal Affairs Committee, followed by a networking reception, at Reed Smith's Chicago offices. 

Last year's meeting was a popular way to kick off two and a half days of learning and networking.  This year's agenda highlights:

• Cassidy Sehgal of L'Oreal USA and Keri Bruce of Reed Smith will discuss hot media issues: transparency and fraud
• Mike Signorelli of Venable LLP will provide an update on new innovations in the industry's Digital Advertising Alliance self-regulatory program
• Doug Wood, the industry's chief negotiator on the SAG-AFTRA commercials contract, will give you the inside information you need to know about the negotiations

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 members attending the conference ONLY.

OPENING REMARKS

Bob Liodice

President and CEO ANA

TWITTER ME THIS

To start the conference with a fast-paced exchange, some of the leading lawyers in the business will answer your live tweets -- 140 characters or less -- in 140 seconds or less. Start thinking about the questions you have and tweet them to the ANA any time, including during the session. Send your tweets using the hashtag #ANAAdLaw. No limits: native advertising, SAG-AFTRA, privacy, comparative advertising, FTC, media buying, class actions, NAAG, and more are fair game.

Moderator: Douglas J. Wood (@djwood1976)

Partner Reed Smith LLP

2016: WHAT’S IN STORE FOR ADVERTISERS IN WASHINGTON AND BEYOND

The race for the presidency and the House leadership shakeup continue to drive the political agenda. What will happen to tax reform and will the ad deduction be on the table? Will increased terrorist threats and greater restrictive proposals in the EU alter the long-delayed privacy and data security debates? What is looming in the courts that potentially could trip up marketers? ANA’s Dan Jaffe will provide an update on how we’ve gotten here and what lies ahead.

Dan Jaffe (@ANAGovRel)

Group Executive Vice President, Government Relations ANA

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

2016 SAG-AFTRA COMMERCIALS CONTRACTS: WE HAVE A DEAL. NOW WHAT?

On the heels of brokering the latest multibillion dollar collective bargaining agreement between the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations (JPC) and SAG-AFTRA, Stacy Marcus will discuss the key provisions and legal impact of the new Commercials Contracts. As JPC Counsel, Stacy possesses unparalleled knowledge of how the Commercials Contracts impacts business decisions in the industry. This session is an opportunity to learn the financial intricacies of the Contracts from one of its negotiators.

Stacy Marcus (@theJPCinfo)

Partner Reed Smith LLP

COPYRIGHTS, COPYCATS, AND THE DMCA

With today’s heavy reliance on the internet for marketing, entertainment, and the news, copyright owners are increasingly faced with questions on how to protect their intellectual property online. The Digital Millenium Copyright Act (DMCA) is but one of the tools available, but it can backfire (see Lenz v. Universal Music Corp). Content hosts are now also providing legal support to those who post copyrighted content under fair use. This panel will review the current status of copyright law on the internet and what strategies intellectual property owners can consider to prevent unauthorized dissemination.

Evan Gourvitz

Counsel Ropes & Gray LLP

TALES FROM THE TCPA TRENCHES

Federal litigation under the Telephone Consumer Protection Act (TCPA) has not abated. We examine current trends and lessons learned from the most-recent cases. What are the early returns on the Federal Commission's "Omnibus" declaratory ruling, in terms of enforcement and as a factor in the world of private court actions? What do the cases recently decided by the Supreme Court and teed up on the docket for the current term portend? The panel will offer practical tips for ensuring that your compliance methods remain robust and up to date for this critical communications channel.

Ronnie London

Of Counsel Davis Wright Tremaine LLP

KEYNOTE ADDRESS

Lisa Madigan (@ILAttyGeneral)

Attorney General State of Illinois

REBUILDING TRUST IN THE INDUSTRY

Criminal networks have infiltrated the digital advertising supply chain, stealing valuable digital content, proliferating malware onto consumers' computers, and committing advertising fraud. A recent ANA/White Ops study estimated that the advertising industry overall could lose approximately $7.2 billion globally to ad fraud alone in 2016. The Trustworthy Accountability Group (TAG), a joint marketing-media industry program created by the ANA, the Interactive Advertising Bureau (IAB), and the American Association of Advertising Agencies (4A's), will present the latest market solutions to fight criminal activity and build trust in the internet economy. This panel will help you learn how to protect your brand and boost your bottom line.

Mike Zaneis (@mikezaneis)

President and Chief Executive Officer Trustworthy Accountability Group

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

BUZZ FOR YOUR BRAND: HOW TO RUN AN INFLUENCER CAMPAIGN

Advertisers are increasingly engaging “influencers” -- not just celebrities but increasingly, everyday online personalities -- to help promote their brands and spread messages across digital and social media. These influencer campaigns present exciting opportunities for advertisers as well as some unique types of legal risks in a continually changing landscape. This session will explore the legal nuts and bolts and best practices for influencer campaigns, including the role of agencies, the evolving types of influencers, FTC enforcement trends, guidelines for endorsements and testimonials and the effective use of disclosures across different channels.

Nathan Hole

Partner Loeb & Loeb LLP

USING OFFLINE DATA TO DRIVE ONLINE MARKETING

Digital marketing is most effective when it is driven by detailed targeting data. Programmatic media buying systems all integrate with various data sources. Marketers have begun to exploit their offline data and PII in the online world through various methods. As all of this happens, marketers need to carefully understand the privacy obligations attached to the use of such data, the distinction between personally identifiable and non-personally identifiable information, and how to engage in such new data-driven targeting in an effective and legally compliant manner. This panel will further explorer how changes to the Safe Harbor framework and EU general data protection regulation impact such practices.

Gary Kibel (@GaryKibel_law)

Partner, Digital Media, Technology and Privacy Davis & Gilbert LLP

GLOBAL HOT TOPICS IN ADVERTISING LAW – YEAR IN REVIEW

Advertising is more global than ever before. With brands working to create advertising campaigns that are consistent across borders, and with the increasing importance of social media and online marketing campaigns that have global reach, marketers must ensure that their marketing efforts take into account the widely-varying rules and cultural norms around the world. This panel, presented by members of the Global Advertising Lawyers Alliance (GALA), will discuss recent important advertising law changes and trends that every brand should take into account when marketing to consumers around the world.

Moderator: Jeffrey Greenbaum (@jeffgreenbaum)

Managing Partner Frankfurt Kurnit Klein & Selz PC (United States)

(Immediately following general session)

THE GREAT DEBATE: NAD VS. LANHAM ACT

Your marketing department calls you at 10:00 p.m. and says "we have to do something about our competitor's advertising. The claims they are making just aren't true and you have got to stop them." What are your options? This panel will debate the pros and cons of Lanham Act vs. the NAD process in responding to your marketing department's concerns.

Lee Peeler

President and Chief Executive Officer Advertising Self-Regulatory Council (ASRC)

KEYNOTE ADDRESS

The FTC has been very active recently on a number of critical issues. The Commission has held a series of in-depth workshops around the country on data security; hosted workshops on cross-device tracking and lead generation; issued new guidance on privacy and social media; and brought a number of privacy and advertising enforcement actions. Jessica Rich, the director of the Bureau of Consumer Protection, will discuss what’s next on the FTC’s privacy and advertising agenda in this age of Big Data, new media, and the Internet of Things.

Jessica L. Rich

Director, Bureau of Consumer Protection Federal Trade Commission

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

CROWDSOURCING - CONTENT WITH A HEADACHE

We're all familiar with crowdsourcing. The technique is used to judge contest promotions, solicit endorsements used in marketing, encourage customers to post videos or comment on social media outlets, inspire consumers to provide marketers with ideas for new products and services, and more. While a popular and effective marketing tool, it is replete with legal issues. How do you control quality and voting in contests? When do endorsements invite FTC scrutiny? How can terms and conditions protect you and are they enough? How are intellectual property rights properly transferred? What retained publicity rights do consumers have? How is it best to deal with privacy and data security? This panel will take a deep dive in all of these issues and more.

Monique (Nikki) Bhargava (@MoniqueBhargava)

Attorney Winston & Strawn LLP

GLOBAL SELF-REGULATION ISSUES

This panel of leading industry experts will discuss key issues confronting the advertising and marketing environment, with a focus on both the privacy and data security protection issues facing companies globally. Topics will include the new “privacy shield,” what to do in case of a data breach, the growth of data collection and evolving social media/native advertising landscape, and how to use technology and self-regulation, as well as legal approaches, to address today's marketing environment. Q&A from the audience will be encouraged, and time will be set aside to encourage interaction with the audience.

Moderator: Carla Michelotti (@CarlaAdLaw)

President Carla Michelotti LLC

THAT’S ENTERTAINMENT! ADVERTISERS AS CONTENT PRODUCERS AND SOCIAL ENGAGERS

Whether you call it native advertising, branded content, custom promotion, social engagement, or product placement, marketers want to move out of the banner ads and the commercial breaks and into the action. Since we started talking about native advertising back in 2013, we now have better guidance from the FTC and NAD on disclosure obligations -- but these answers bring more nuanced questions. This panel will focus on how to keep your company compliant with the what’s now and the what’s coming.

Amy Mudge

Partner, Regulatory and Advertising and Marketing Practice Groups Venable LLP

DATA, DATA EVERYWHERE: EVOLVING CONSUMER PRIVACY FOR A CROSS-EVERYTHING ECOSYSTEM

Due to the explosive growth of the digital marketplace, technology is shaping how we work, play, and interact with brands. Advertisers are no longer limited to reaching consumers via telemarketing, internet browsing, email, radio and television. Consumers now have a backdrop of connected devices, sensors, market intelligence, and agents that each provide critical data context that brands can use to reach them. This discussion will break down current trends in connected devices, tracking, and big data and then will focus on ways that brands can create a more dynamic data education experience. Not all of the concerns raised by the new environment can be rectified by education alone, so we will also consider how legal constructs should evolve to meet the next wave of digital evolution: where the customer generates data streams as brand interaction is integrated into the fabric of daily activities.

Amy Mushahwar (@amushahwar)

Counsel and Chief Information Security Officer ZwillGen PLLC

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

STARS IN OUR EYES: NEGOTIATING CELEBRITY TALENT AGREEMENTS FOR 2020

Social media, as well as new technologies that do not exist at the time of the negotiation, require brands to ensure that celebrity talent deals provide broad coverage for the multitude of usage required for a successful marketing campaign. Celebrities’ resistance to broad usage rights must be navigated to permit a brand to make full use of the content created around the celebrity’s participation. This will vary depending on the celebrity’s unique attributes and roles that celebrity plays in popular culture; actor, singer, musician, athlete, philanthropist, social activist, journalist, blogger, “personality," and so on. This session will explore the current state of celebrity talent negotiations, including how to address “use” and “media,” the understanding of various social media platforms, music licensing, and team/league licensing issues related to specific celebrities, and your ability to respond to the unexpected negative associations that may arise.

Christopher R. Chase (@c_r_chase)

Partner Frankfurt Kurnit Klein & Selz PC

THE RISE OF AD BLOCKING: STRATEGIES FOR INDUSTRY

Ad blocking is one of the most-pressing issues currently facing online advertisers and the overall online ecosystem. Online advertising is the backbone of the internet, enabling online advertisers and publishers to provide consumers with valuable products and services, including free content they can find nowhere else. Gain insight into potential self-regulatory, technical, and other industry responses to address the rising use of ad blocking in both the desktop and mobile environments. Learn what developments are underway across industry to create workable solutions to ad blocking and to rebalance the advertiser/consumer relationship to continue to support the advertising-funded internet.

Stuart Ingis

Partner Venable LLP

ETHICAL CONSIDERATIONS FOR IN-HOUSE COUNSEL AND THEIR OUTSIDE ADVISORS

This session will examine ethical issues faced by in-house counsel in balancing their business and legal responsibilities, including challenges presented by social media. It will also examine the attorney client privilege between in-house and outside counsel and what to do in sensitive disclosure situations or where there are concerns about that the client is planning. 

Douglas J. Wood (@djwood1976)

Partner Reed Smith LLP