BAA's 37th Marketing Law Conference-Walking the Line: Between Innovation and Regulation | Industry Conferences | Events & Webinars | ANA

BAA's 37th Marketing Law Conference-Walking the Line: Between Innovation and Regulation

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Join your colleagues from the nation’s leading brands and law firms at the industry’s most important marketing and advertising law conference. Topics include a deep dive into multiple aspects of digital and social media, consumer reviews, on-time behavioral advertising, big data, native advertising, branded entertainment, COPPA, SAG-AFTRA, celebrity talent and sponsorship deals, all aspects of domestic and global privacy, sweepstakes, contests and games, gift/ loyalty cards, FTC/Keynote, regulated industries (alcohol beverages et al), copyright, trademark and patents, Lanham Act, class actions, COPPA/CARU and FCC, FDA, CFPB and State AG enforcement, sports deals, ambush marketing and Gamification. Advanced practical knowledge from the  experts as well as sessions suitable for all levels of practice.

For 2015 we have already 117 committed speakers, including 41 brand legal speakers with 135 brands and 700+ attendees expected , including the cream of the crop of outside counsel and numerous regulators. All attendees receive a 2,000 page Text Reference Takeaway – With The Industry’s Best Networking and Major CLE credits (22 credit hours in NY and California in 2014) including for Ethics!

For questions on speakers, sponsorships, and other matters, please contact Ed Kabak, 212.340.0083

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Monday, November 9, 2015
1:00pm Registration Opens

2:00pm Basics

Basics of Sweepstakes, Contests & Games with a side bar on Rules Drafting

Ross Weisman
Partner Kirkland & Ellis LLP
Chicago A/B/C

Basics of Advertising Law in the Land of Links, Buttons & Clicks

Gonzalo Mon
Partner Kelley Drye & Warren LLP
Chicago D

Basics of Privacy, Data Protection & Security

Doron S Goldstein
Partner Katten Muchin Rosenman LLP
Chicago E

Ethics Issues, Including re Legal Opinions and Joint-Party Agreements

Jeffrey Smith
Shareholder Greenberg Traurig LLP
Chicago F/G/H
3:00pm The Regulated Industries/Intellectual Properties, And Canadian Issues

The Law of Stimulants - Alcoholic Beverages and the Grass that’s Still Green in the West

Co-Moderator, Scott Schleifstein
Partner Cohen Silverman & Rowan LLP
Co-Moderator, Gina Reif Ilardi
Partner Sheppard Mullin Richter & Hampton LLP
Rachel Kimbrough
SVP, Business & Legal Affairs Lionsgate Entertainment
Chicago A/B/C

Growing Problem Areas in Canada

Moderator, Catherine Bate
Partner Miller Thomson LLP
Elisa Edlund
Sr Attorney International Diary Queen

Copyright in an Electronic Crowd sourced Age

Moderator, Brian Fergemann
Partner Winston & Strawn LLP
Laura Altieri
Ass't General Counsel E&J Gallo Winery
Chicago D

Neither Convoluted nor Diluted; A Review Of Trademark Law in the Advertising and Marketing Arena

Gregory G. Bennett
Associate Locke Lord LLP
Chicago E

Sports/Sponsorships/Olympic and Other Issues

Moderator, Seth A. Rose
Partner Loeb & Loeb LLP
Jane G. Pollack
Chief Counsel Advertising & Sponsorships Citigroup Inc.
Chris McCleary
General Counsel United States Olympic Committee
Chicago F/G/H
4:00pm The Other Agencies

The FCC Moves into the Spotlight

Christin McMeley
Partner Davis Wright Tremaine LLP
Ronnie London
Counsel Davis Wright Tremaine LLP
Chicago A/B/C

FDA Interface

Moderator, Georgia Ravitz
Partner Arent Fox LLP
Patrick R. Bilbo
SVP, Regulatory, Government Affairs & Administration Organogenesis, Inc.
Amanda Vann Faulkner
Counsel, Food Law & Advertising Substantiation The Coca-Cola Co.
Chicago D

California – Florida & State A.G. Enforcement of Privacy in the U.S.

Moderator, Ronie Schmelz
Counsel Tucker Ellis LLP
Patrice Malloy
Chief Multi-State & Privacy Bureau, Sr. Assistant A.G., FL
Joanne McNabb
Dir. of Privacy Education & Privacy Office of the A.G., CA
Chicago E

Global Privacy and the U.S. EU interface

Moderator, Stephen Groom
Partner Osborne Clarke LLP
Jeanette Fitzgerald
EVP, General Counsel & Chief Privacy Officer Epsilon
Chicago F/G/H
- 6:00pm
New Challenges


Just What is Going On: The Surge in TCPA Litigation and Opt Out/In Issues

Moderator, Terese Arenth
Partner Moritt Hock & Hamroff LLP
Adam Rubin
Senior Vice President, Legal Affairs PrizeLogic
William Heberer
VP Law, Cable & Communications Cablevision
Chicago A/B/C

NY State AG: Collaborative Enforcement with Private Industry

Moderator, Katherine Winfree
Partner Manatt Phelps & Phillips LLP
Clark Russell
Deputy Bureau Chief, Internet Bureau Office of A.G., NY
Chicago D

Consumer Review Sites and Reviewing the Reviewers

Moderator, John Feldman
Partner Reed Smith LLP
David Morris
Assistant General Counsel Trip Advisor
Casey O'Connor
Senior Corporate Counsel Yelp
Rebecca Griffith
Staff Attorney NAD
Chicago E

When are Gaming Styled Programs Legal?

Moderator, Edward Chansky
Shareholder Greenberg Traurig LLP
Yvonne M. Imbert-Garratón
Director, Business & Legal Affairs CBS Interactive
Vic Gallo
Vice President and General Counsel American Gaming Systems
Chicago F/G/H
6:00pm Welcome Cocktail Party  

Grand Salon 3
Tuesday, November 10, 2015
7:00am Registration Opens

7:15am Breakfast  

Chicago Ballroom
8:15am Welcome

Welcome from BAA and Law Co-chairs

Bonnie J. Carlson
President & CEO

Edward Kabak
Chief Legal Counsel

Kenneth Rubenstein
Director, Legal

Matthew Fitzpatrick
Director and Associate General Counsel
The Procter & Gamble Company

Eric Baum
Senior Vice President, Business and Legal Affairs
Sony Pictures Entertainment

Benjamin Mulcahy
Sheppard Mullin Richter and Hampton LLP

Grand Ballroom - 7th floor
8:30am General Sessions

Marketing/Advertising Law Review: Sweepstakes, Contests, Privacy, Disclosure & Digital/Social Media

This session will review the leading and most newsworthy developments of the year and what they mean for marketing and advertising lawyers and professionals. Attention will be focused on the FTC revised FAQs for endorsement and testimonial guidelines, new FTC actions involving online reviews, new platforms (such as Periscope & Meerkat), the Michael Jordan case and other key issues. Both the legal and practical effects of these will be carefully considered and close consideration will be given to sweepstakes and skill contests and social and digital media legal issues arising from the latest generation of games and contests.

Linda A. Goldstein
Partner, Chair Advertising Media and Marketing Division Manatt, Phelps & Phillips LLP
Grand Ballroom - 7th floor

Major Technologies and the Law Today and Tomorrow

This session will consider selected legal developments related to new technologies used by advertisers and marketers, occurring within the last year. Consideration will be given to the rapid pace of technology and to the response by legislators, regulators, including groups and insurer groups, with new guidelines, laws and enforcement actions. This far reaching session or will review all manner of issues from mobile apps to drone transparency and to home security and automated devices, internet connected cars, to data minimization, notice and choice issues, and insufficient opt-out protocols (NOMI case) with guest appearances.

Ken Florin
Partner, Loeb & Loeb, Co-Chair‚ Advanced Media; Chair‚ Digital./Soc. Media Loeb & Loeb LLP
Grand Ballroom - 7th floor
10:20am Coffee Break  

10:40am General Session Cont.

Advertising Law 2015 - A Review of the Year’s Key Developments

This session treats both the key and commonly faced advertising law issues, and updates select developments. It will take a close look, as brands partner with entertainment and the line between entertainment and advertising becomes even more blurred at the difficult licensing and advertising compliance questions that must be addressed in developing campaigns, the increasing and complex questions of user-generated content. A comprehensive look on where we are going, cutting across statutes, regulatory and self-regulatory guidelines and case law.

Moderator, Jeffrey A. Greenbaum
Managing Partner Frankfurt Kurnit Klein & Selz, P.C.
Martin S. Zwerling
Associate Director NAD, ASRC
Leslie Fair
Senior Attorney Bureau of Consumer Protection, FTC
Grand Ballroom - 7th floor

European Vacation: Bringing Your Social Media Campaign to Europe

Key guidelines to European local directives/regulations and local law in the areas of social media and data protection. These sessions be presented by a distinguished panel of attorneys from Italy, Germany, France, Poland, and the United Kingdom. The relationship between European directive/regulations and national legislation will be examined and the complexity of various levels of law simplified for the audience from a legal and practical perspective.

Moderator, Soren Pietzcker
Partner Heuking Kuhn Leur Wojtek (Germany)
Brinsley Dresden
Partner Lewis Silkin LLP (U.K.)
Felix Hofer
Partner Hofer Losch Torricelli (Italy)
Ewa Skrzydło-Tefelska
Partner Soltysinski Kawecki & Szlezak (Poland)
Michel Bejot
Partner Bernard Hertz- Bejot (France)
Grand Ballroom - 7th floor
12:30pm Luncheon  

Chicago Ballroom

FTC Keynote

The digital revolution has fundamentally altered how companies communicate, engage with, and learn about consumers.  While this technological growth has benefitted consumers immensely, it also poses significant challenges for consumer protection.  Discussion will include the FTC's upcoming enforcement priorities and how the Commission is tackling issues raised by digital revolution - from Big Data to native advertising to gag clauses to green marketing, and everything in between.

Daniel Kaufman
Deputy Director Bureau of Consumer Protection, FTC
Chicago Ballroom
1:45pm General Session Cont.

My Refrigerator Just Sent Me Spam: The Internet of Things and the Onslaught of Claims

The legal implications associated with all of the connected devices now proliferating or in the works are vast and comprehend claims for product liability when sensors fail, IP and ownership and data licensing rights, and consumer discrimination. With outdated laws and brand new FTC guidelines for best practices, there’s a trip wire of stepping through the labyrinth here, of overlapping and often conflicting legal standards; this session, with leading outside counsel and industry experts, provides the latest in guidelines through the minefield.

Moderator, Christin McMeley
Partner Davis Wright Tremaine LLP
Brenda Pritchard
Partner Gowling Lafleur Henderson LLP
Simon Krauss
Deputy General Counsel Cable Television Laboratories, Inc.
Steven Caldwell
Senior Counsel,Global Privacy and Digital Media The Procter & Gamble Company
Grand Ballroom - 7th floor

Defending against Actual /Potential FTC and Other Regulatory Investigations

This session, with a leading FTC practice expert and the FTC’s Associate Director, Division of Advertising Practices Bureau of Consumer Protection, will present the most experienced professional guidelines on what to do if and when you or your client receives a Civil Investigatory Demand asking for support of your company’s advertising. You will learn what steps to take to minimize harm, and get your business back to generating sales and revenue.

Moderator, Amy R. Mudge
Partner Venable LLP
Mary K Engle
Associate Director, Division of Advertising Practices Bureau of Consumer Protection, FTC
Grand Ballroom - 7th floor
3:35pm Coffee Break  

3:55pm Breakout Sessions 1

Advertising Litigation-Protecting/Defending Your Brand in the Courts and Beyond

Moderator, Norman C. Simon
Partner Kramer, Levin, Naftalis & Frankel LLP
Everett L Kier III
Attorney Exxon Mobil
Matthew Fitzpatrick
Director & Associate General Counsel The Procter & Gamble Company
Chicago A/B/C

Concert Tour and other Sponsorships/Promotions & Music Rights Case Studies

Moderator, David Ervin
Partner Crowell & Moring LLP
Tracie Chesterman
Senior Director, Intellectual Property Counsel Polo Ralph Lauren
Ted Suzuki
VP/Deputy General Counsel AT&T/Direct TV
Chicago D

Negotiating Celebrity Talent and Sports Deals

Moderator, Robert Driscoll
Partner Davis Wright Tremaine LLP
Edward Lance
Sr. Counsel McDonald’s Corporation
Robert Forbes
Assistant General Counsel Washington Redskins
Lindsey Orosz
VP/Counsel for the Americas WPP Group USA
Chicago E

Real Time Marketing – Its Legal and Practical Considerations in Social Media

Moderator, Joseph Lewczak
Partner Davis & Gilbert LLP
W. David Hubbard
VP and Deputy General Counsel-Marketing Verizon
Jorge A. Martinez
Assistant General Counsel Intuit
Aparna M. Dave
Senior Counsel-Intellectual Property Section Wells Fargo
Chicago F/G/H
4:50pm Coffee Break

5:05pm Breakout Sessions 2

Determining Infringement Risks In Digital Music

Moderator, Brian Murphy
Partner Frankfurt Kurnit Klein & Selz, PC
Judith Finell
Musicologist/Expert Witness
Chicago A/B/C

Cross-Device Tracking: How It Works, Its Benefits, Privacy and Security Risks and Legal Concerns

Moderator, Alan Friel
Partner Baker Hostetler LLP
Steve Kim
Counsel Spotify
Kenneth Rubenstein
Director, Legal Google
Chicago D

Important developments in Lanham Act and Consumer Class Action False Advertising Litigation

Lawrence I. Weinstein
Partner Proskauer Rose LLP
Chicago E

The Tricky Terrain Of Retail Marketing- Deceptive Pricing, Mobile Tracking and Other Concerns

Moderator, Jamie Rubin
Partner Information Law Group LLP
Matthew Fitzpatrick
Dir. & Assoc. Gen. Counsel The Procter & Gamble Company
Elizabeth H. Baran
Senior Corporate Counsel Dick's Sporting Goods
Mark Richardson
Corporate Counsel, Merchandising and Marketing Target
Chicago F/G/H
6:00pm Cocktail Party  

Grand Salon 3
Wednesday, November 11, 2015
7:15am Breakfast  

Chicago Ballroom
7:20am Breakfast with the Experts: The Roundtables

Brand/License (Trademark) Enforcement Under the Lanham Act: Counterfeiting and Bootlegging

Brian Bloom
Partner Moritt Hock & Hamroff LLP
Chicago Ballroom

Native Advertising

Alan M. Pate
Associate Baker Hostetler LLP
Tori Chami
Counsel American Express

Top Tips for Stress-Free Marketing in Europe

Claire Bouchenard
Partner Osborne Clarke LLP
Chicago Ballroom

Caught in the Social Media Net? Managing Legal Compliance

Daniel Cole
Associate Gowling Le Fleur and Henderson LLP
Chicago Ballroom

Tracking Troublesome Technologies

Lisa B Dubrow
Chicago Ballroom

Update on the Key Legal and Regulatory Controls on Social Media in the U.K.

Jo Farmer
Partner Lewis Silkin LLP
Chicago Ballroom

Product Testing Design for Claims Substantiation and Advertising Challenges

Alexander Kaplan
Partner Proskauer Rose LLP
Chicago Ballroom

Advertising In Regulated Industries

Matthew Kaplan
Partner Tucker Ellis LLP
Chicago Ballroom

Practicalities in Optic Recognition and Other Advanced Technologies in Engaging Consumers

Chris McGuire
VP/GM Slant Marketing
Chicago Ballroom

Navigating the FTC's Endorsement Rule

Robert H Newman
Associate Winston & Strawn LLP
Chicago Ballroom

Practical Tips for Registering and Bonding a Charitable Promotion

Heather Nolan
Partner Information Law Group LLP
Chicago Ballroom

Advertising and Product Safety/CPSC and Other agencies

Laura Walther
Counsel Crowell & Moring LLP
Chicago Ballroom

Conducting a Telemarketing and Texting Campaign

Adam Solomon
Partner Michelman and Robinson LLP
Chicago Ballroom

Risks and Opportunities in the World of Fantasy Sports

Jay Newman
Partner Fish and Richardson PC
Chicago Ballroom

Improving Legal/Marketing Coordination for Advertising and Promotional Campaigns

Meredith Levins
Legal Counsel SanDisk
Chicago Ballroom

Puerto Rico Regulation On Sweepstakes, Contests, Endorsements & Privacy

Luis Vivoni
Attorney at Law Vivoni Law Firm
Chicago Ballroom

Marketing Green Claims

Phyllis Marcus
Counsel Hunton & Williams, LLP
Chicago Ballroom
8:20am Opening Remarks

Edward Kabak
Chief Legal Officer BAA
Grand Ballroom - 7th floor
8:30am General Sessions

The Latest Legislative & Regulatory Challenges

An innovative, creative, and entertaining presentation that will speak to what is permeating advertising, media and marketing today – disruption. The session will address the critical legal issues shaping brand activation today including shopper, experiential and promotion marketing.

Keith Scarborough
S.V.P., Government Relations ANA
Grand Ballroom - 7th floor

Interplay of Marketing & Advertising Law to Activate Brands

Ronald Urbach
Chairman Davis & Gilbert LLP
Grand Ballroom - 7th floor

Hot Issues On the Key Social Media Platforms

This session, with both outside counsel and major brands/social media businesses represented, surveys all the key issues on social media including advertising, privacy and IP questions, and games and contests. Consideration will also be given to the manifold platform rules of key social media platforms.

Moderator, Brian Heidelberger
Partner Winston & Strawn LLP
Eric Fleisig-Greene
Associate Director, Legal Twitter
Megan Duffy
Privacy Counsel Snapchat, Inc.
Joe Khanna
VP, Managing Counsel/Marketing & Communications MasterCard Worldwide
Grand Ballroom - 7th floor
11:05am Coffee Break  

11:20am General Sessions Cont.

PRIVACY BY DESIGN: What it Means in an Age of Mobile Marketing and Big Data

This session presents a comprehensive understanding of what big data means and how its technologies permit the processing and analysis of disconnected data sets to identify meaningful correlations; these result in good predictive analysis and automated decision making. Big data may improve corporate predictability, efficiency and financial resources as well (at the government level) public policy decisions and innovation. Big data also has implications for privacy by design, and the many stake holders in the current legislation or regulatory climate for laws and regulations relating thereto. This session contemplates the challenge of big data, and the need perhaps for new standards recognizing the importance big data can play.

Alan Sutin
Shareholder Greenberg Traurig LLP
Kerry L. Childe
Sr. Corp Counsel,Privacy/Info.Policy Best Buy Enterprise Services ,Inc.
Grand Ballroom - 7th floor
12:15pm Luncheon

Keynote - Crossing the Line: Conflicts between Creative and Legal

George Leon
EVP, Worldwide Consumer Marketing Sony Pictures Entertainment
Eric Baum
SVP, Business and Legal Affairs Sony Pictures Entertainment
Chicago Ballroom
1:15pm Dessert  

Grand Ballroom Foyer, 7th Floor
2:00pm Breakout Sessions 1

Children's Advertising

Co-Moderator, Barry Benjamin
Partner Kilpatrick, Townsend & Stockton LLP
Co-Moderator, Allison Fitzpatrick
Partner Davis & Gilbert LLP
Joseph A Sena Jr.
Associate Marketing Counsel Campbell Soup Company
Katie Goldstein
Senior Staff Attorney Children's Advertising Review Unit Council of BBB
Chicago A/B/C

Programmatic Buying- The Legal Issues with Data Providers, DSP’s and the Public

Moderator, James Taylor
Partner Loeb & Loeb LLP
Brett Celedonia
Sr. Counsel, Digital Media, Advertising & Marketing Netflix
Jason Logue
Sr. Counsel RE:Sources USA/Publicis
Chicago D

Esports, Extreme Sports and their Sponsorships, Promotions and Advertising

Moderator, Benjamin Mulcahy
Partner Sheppard, Mullin, Richter & Hampton LLP
Elizabeth Baker
General Counsel Twitch Interactive
Todd Jascott
Legal Counsel Red Bull North America, Inc
Chicago E

Food Laws - The last Bite is The Lawsuit

Moderator, Kimera Hall
Member Frost Brown Todd LLP
Sharon E. Kohn
Chief Counsel, Marketing Services Kraft Foods
Brandi Van Leeuwen
Senior Counsel Meijer
Penelope J Barnett
Associate General Counsel, Food Law/Product Compliance The Dannon Company, Inc.
Chicago F/G/H
2:55pm Coffee Break

3:15pm Breakout Sessions 2

Navigating Rights Clearance and Native Advertising

Moderator, Rick Kurnit
Partner Frankfurt Kurnit Klein & Selz, PC
Steven Weissman
Vice President & Deputy General Counsel Time Inc.
Ellie Boragine
Vice President and Chief Advertising Counsel American Express
Chicago A/B/C

Mobile Marketing Developments

Moderator, Marc Roth
Partner Manatt, Phelps & Phillips LLP
Ira Schlussel
SVP and General Counsel HelloWorld
Kelsey Joyce
Senior Director Legal, T-Mobile USA
C. Lee Peeler
President & CEO (ASRC) & EVP, National Advertising (CBBB) Advertising Self-Regulatory Council & Council of Better Business Bureau
Chicago D

SAG-AFTRA Developments

Douglas J. Wood
Partner Reed Smith LLP
Kimberly Stevens
Director, Industry Relations Joint Policy Committee on Broadcast Talent Relations
Chicago E

The Tricky Business and Law of Loyalty Programs – Gift & Stored Value Cards

Moderator, Melissa Landau Steinman
Partner Venable LLP
Eric J Anderson
Associate General Counsel, Marketing and Advertising Sears Holdings Management Corporation
Helen Wu
Manager Commercial, IP and Advertising Counsel Jet Blue
Chicago F/G/H
4:10pm Conference Adjournment

Cancellation Policy and Notes

Single ANA member and nonmember conference registrations can be cancelled in writing only via email ( Phone cancellations are not accepted. A 50 percent refund will be granted, if written request for cancellation is received by email 60 calendar days before the conference start date (on or before September 9, 2015). No refunds will be granted for any cancellations received after September 9, 2015 or for "no shows." 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.

     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 February 18, 2015 may not be included in the attendee list.