2016 ANA/BAA Marketing Law Conference | Industry Conferences | Events & Webinars | ANA

2016 ANA/BAA Marketing Law Conference

This event is over.

The 2016 ANA/BAA 38th Marketing Law Conference, at the Downtown Chicago Marriott, Nov. 9-11, 2016 builds on the tradition as the broadest marketing and advertising law conference with deep practical legal content, fruitful networking and major CLE credits. Deep dives into all aspects of Marketing and Advertising Law and Digital Media; IP and Privacy, FTC, State A.G. and state-regulation (NAD, CARU), Lanham Act, Class Actions, with many new sessions and 5 more sessions added to the total; Hear from 125 of the nation's leading inside and outside counsel and federal, state and self-regulatory officials. In 2015 a record attendance of 750, with over 200 major brands present.

Keynotes: Terrell McSweeny, Commissioner FTC & Jordan McCollum, General Counsel, Oculus VR.

Law Conference Co-Chairs: Aba Rogers, Counsel - Worldwide Marketing Legal, Coca-Cola; Craig Moore, Senior Counsel/Officer, Digital/Social Media Advertising, Wells Fargo; Eric Fleisig-Greene, Associate Director, Legal, Twitter and Christopher Cole, Partner, Crowell & Moring LLP.

Brands speaking to date include: Airbnb, American Express, Buzzfeed, Expedia, Facebook, Intel, Lyft, MasterCard, McDonalds, Procter & Gamble, VISA, AT&T, WPP, Mondelez, Sears and 30 more!

Nov. 9th Sessions from 1-6pm and Nov. 10th & 11th – 2 full day Sessions. Two large cocktail parties with great networking on November 9th and 10th.

Attendees: legal and other professionals dealing with all aspects of Marketing and Advertising, I.P., Social and Digital Media, and Privacy issues, domestic and international.

For more information on sponsorship or speaker opportunities, contact Edward Kabak, at ekabak@baalink.org or Tel. 646-708-8123.

Hashtag for the event is #BAALAW


Wednesday, November 9, 2016

Registration Opens

7th Floor Registration Desk
1:00pm Breakouts

5th Floor

Basics of Promotion, Sweepstakes, Contests and Gaming/Fantasy Sports

This session will provide an introduction to sweepstakes and skill contests. It will include the key legal issues and the vocabulary you’ll need to best understand the rest of the conference.  Also covered will be the rules and requirements for these types of promotions.

Ross Weisman
Partner Kirkland & Ellis LLP
Chicago ABC

Basics of Advertising: A Fresh Spin on Proof, Disclosures and Social Media

This session will cover important principles of advertising law. These principles will include when you need to prove your claims, what type of proof is required, how to make disclosures and how these principles apply in social media. In addition, it will cover options for challenging your competitors when they step out of line. If you’re new to advertising, this session will give you the information you need to put later sessions into context. Even if you’ve been doing this for a while, this presentation will put a fresh spin on important topics.

Gonzalo Mon
Partner Kelley Drye & Warren LLP
Chicago D

Basics of Privacy, Data Security and Forensic Investigations

Led by a leading cyber security and privacy industry expert, this session will provide an overview of data security and privacy issues that exist. You will learn how to identify data security and privacy issues, how to prepare a data breach response plan, and how to respond to a data breach.

Brian J. McGinnis
Partner Barnes and Thornburg LLP
JJ Thompson
CEO Rook Security
Chicago FGH

Ethics for Lawyers

John P. Sahl
Professor University of Akron Law School
Denver/Houston/Kansas City

Mobile Marketing

Co-Moderator: Jessica Lee
Associate Loeb & Loeb LLP
Co-Moderator: Marc Roth
Partner Manatt, Phelps & Phillips LLP
Genie Barton
VP/Dir-Online Behavioral Advertising Program & Mobile Marketing Initiatives Council of Better Business Bureaus, Inc.
Kelsey Joyce
Senior Director, Legal Affairs T-Mobile USA, Inc.
Josh Yaker
VP, General Counsel HelloWorld
Chicago E

New Strategies & Issues Negotiating the Agency/Client Agreement

Moderator: Robert Driscoll
Partner Davis Wright Tremaine LLP
Mary Carragher
Chief Counsel, Trademarks NA/LA Mondelez International, Inc.
Steve Kim
Legal Counsel Spotify
Barbara Dent
Senior Vice President, Assistant Deputy General Counsel RE:Sources USA
Chicago D

Basics of Consumer Fraud Class Actions

This session will provide an overview of the basic principles of consumer fraud class actions concerning false advertising claims. There will be a particular focus on strategies to defend against, and defeat these cases at various stages of litigation - from motion to dismiss phase, through discovery and class certification. 

Eileen Patt
Associate Kramer Levin Naftalis & Frankel LLP
Alexandra Gerber
Vice President & Assistant General Counsel Revlon, Inc.
Chicago ABC

The Explosion in TCPA Litigation on the Heels of FCC & Spokeo

TCPA litigation is at an all-time high on the heels of the FCC's July 2015 Ruling and the Supreme Court's Spokeo decision. This session will review some of the most important TCPA case developments, as well as discuss recent enforcement trends. This session will also provide key takeaways for marketing teams in contacting consumers via text messages, mobile apps and other communications.

Moderator: Terese Arenth
Partner Moritt, Hock & Hamroff LLP
William Heberer
VP, Law Cable & Communications Product Management, Marketing & Sales Altice USA (Formerly Cablevision)
Alycia Horn
Vice President and Deputy General Counsel Comcast Corporation
Chicago FGH

Third Party Rights: Acquisitions, Creative, Licensing and Network Clearances

Moderator: Robert Newman
Partner Winston & Strawn LLP
Greg Brehm
Assistant General Counsel Buzzfeed, Inc.
Eric Fleisig-Greene
Associate Director, Legal Twitter
Craig Moore
Senior Counsel Wells Fargo & Co.
Chicago E

Advanced Social Media Sweepstakes/Skill Contests/ The Major Platforms & Pitfalls

Consumers love to “Like”, “Follow” and “Tweet” about their favorite brands.  Marketers love how social media platforms provide them with targeted customer interactions.  However, marketers must carefully structure their social media sweepstakes and contests. This session will explore some of the potential legal issues and pitfalls that marketers face when using social media and the strategies to avoid them. 

Moderator: Jay Newman
Partner Fish & Richardson P.C.
Richard Lowenthal
Managing Partner The Game Agency
Cynthia Walden
Partner Fish & Richardson P.C.
Chicago ABC

Hashtags, Social Media and other Hot Trademark Developments

Moderator: Kristin Achterhof
Partner Katten Muchin Rosenman LLP
Robert D. Forbes
Assistant General Counsel Washington Redskins
Miri Miller
General Counsel Dentsu Aegis Network
Chicago FGH

Insider’s Guide to Programmatic Advertising and the Multiple Ways of Buying Digital Media

James Taylor
Partner and Co-Chair Loeb & Loeb LLP
Brett Celedonia
Senior Counsel, Digital Media, Advertising & Marketing Netflix Inc.
Chicago D

State A.G. Policy Enforcement Priorities in Consumer Protection - An inside and outside look

Moderator: Richard Lawson
Partner Manatt, Phelps & Phillips LLP
Victoria Butler
Director, Consumer Protection Division Florida Office of the Attorney General
Joanne McNabb
Director, Privacy Education and Policy Office of the California Attorney General, Cal DOJ
Paul Singer
Deputy Chief Consumer Protection Office of the Texas AG
Laura Levine
Deputy Bureau Chief Office of the Attorney General of the State of New York
Chicago E

Advanced Review of Olympics, FIFA, Sponsorships, & Ambush Marketing

Moderator: Benjamin Mulcahy
Partner, Co-Chair - Trademark, Advertising & Unfair Competition Practice Jenner & Block LLP
Thomas A. Adams
Associate Director and Associate General Counsel The Procter & Gamble Company
Ashley Fisher
Counsel, Global Brands and Sponsorship VISA Inc.
Chicago D

Developments in Commercial Speech, Compelled Disclosure & FCC Updates

This session will explore the current state of commercial speech doctrine. There will be a particular emphasis on the increasing use of compelled disclosures and disclaimers, and will include a discussion of the extent to which the Federal Communications Commission is expanding its jurisdiction to require commercial disclosures.

Ronald G. London
Of Counsel Davis Wright Tremaine LLP
Denver/Houston/Kansas City

Enforcing Trademarks and Protecting Your Brand - Strategies That Work!

Brand Protection Strategies through multiple channels that are effective and go beyond mere pooling of rules, and counseling to use the brand elements correctly.

Greg Bennett
Senior Counsel Locke Lord LLP
Chicago ABC

Promotional Tactics- Coupons, Rebates, and Experiential Marketing/Pokemon GO Everywhere

Advanced practical learning about the latest kind of simple and complex promotions, including the Pokémon Go phenomenon!

Moderator: Barry Benjamin
Partner Kilpatrick, Townsend & Stockton LLP
Daniel Cole
Partner Gowling WLG
John Feldman
Partner Reed Smith LLP
Chicago E

Made in the USA Claims – FTC & California Perspectives

As the marketplace trends toward American-made products, companies are growing eager to source goods in the United Staes and use an unqualified "Made in USA" claim on labels and packaging. The rules that allow "Made in USA" claims are not well-defined and are fraught with subtle complexities. Federal enforcement by the FTC (administratively and through litigation) is on the rise, as are consumer class actions for misrepresenting U.S. origin, especially in California. This session will provide invaluable insight into the latest FTC and California enforcement actions. It will also offer guidance on how to grasp the evolving interpretations of the "Made in USA" rules, and how to harmonize the FTC requirements with those of the revised "Made in USA" labeling law in California.

Katheryn Barrett Park
Senior Counsel, Advertising and Brand Management General Electric Company
Scott A. Cohn
Counsel Arent Fox LLP
Chicago FGH


During her session, Stacy Marcus, legal counsel to the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations, will provide an insider perspective on the new 2016 SAG-AFTRA Commercials Contracts.  This session will offer an opportunity for attendees to learn the intricacies of the new deal from one of the Contracts’ lead negotiators.   Stacy’s presentation will cover key changes to the Commercials Contracts, including the new Social Media Waiver and the Experimental Coverage Waiver for Non-Professional Endorsers, and how such changes impact commercials on both traditional and digital advertising mediums.  

Stacy Marcus
Partner Reed Smith LLP
Chicago ABC

Regulatory Tightening of Consumer Relationship Marketing in Europe & North America

Data and personal information flow across international borders is essential in today's global marketplace. But, with different and evolving standards in various jurisdictions, it can be hard to keep up. You will hear from both in-house and external legal perspectives on key developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate
Partner Miller Thomson LLP
Angie Morris
Director and Senior Counsel Hershey Canada
Rhonda McLean
Deputy General Counsel Time Inc.
Brinsley Dresden
Partner Lewis Silkin LLP
Chicago FGH

Disruptive Innovations in the Shared Economy

Moderator: David Ervin
Partner Crowell & Moring LLP
Alica Del Valle
Senior IP and Marketing Counsel Airbnb
Suemyra Shah
Vice President, Business and Legal Affairs Whistle Sports
Chicago E

Hot Button Issues in Real Time Marketing & Social Media

Moderator: Joseph Lewczak
Partner Davis & Gilbert LLP
Aba Rogers
Global Marketing Counsel Coca-Cola Company
Caroline Selfridge
Managing Counsel, Global Marketing & Communications Legal Group Intel Corporation
Edward Lance
Senior Counsel McDonald’s Corporation
Chicago D
6:00pm Cocktail Party  

Chicago Ballroom Foyer
Thursday, November 10, 2016
7:00am Registration

7th Floor Registration Desk
7:15am Breakfast  

Chicago Ballroom
8:15am General Session

Opening Remarks & Introduction of Co-Chairs

Ed Kabak
Senior Vice President, Chief Legal Officer ANA / BAA
Grand Ballroom

Opening Remarks

Bob Liodice
Chief Executive Officer ANA

Year in Review, Sweepstakes, Contests, Privacy, Digital & Social Media

Led by industry leader Linda Goldstein, she will give highlights of the year in the industry, as well as provide key strategies, tactics and an insider's look at how to deal with the major issues of the day.

Linda A. Goldstein
Partner Manatt Phelps & Phillips LLP

New Technology Platforms: Great Opportunities, Real Risks

This session will provide an in-depth, hands-on look at how marketers are using new technologies. It will also explain how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Kenneth Florin
Co-Chair of Advanced Media & Technology Practice, Partner Loeb & Loeb LLP
10:35am Coffee Break  

Grand Ballroom Foyer
10:55am General Session Cont.

Grand Ballroom

NAD from the Inside Out: With An Added Dose of Claims and Strategic Advice

Moderator: Nancy Felsten
Partner Davis Wright Tremaine LLP
Martin Zwerling
Deputy Director National Advertising Division (NAD)
Kenneth Blackburn
Associate Director & Associate General Counsel The Procter & Gamble Company

All About Native Advertising – The Experts’ Views

Moderator: Amy R. Mudge
Partner Venable LLP
Sarah La Voi
Associate General Counsel RE:Sources USA
Richard Cleland
Assistant Director - Division of Advertising Practices Federal Trade Commission
Po Yi
Partner Venable LLP
12:45pm Lunch & Keynote: FTC Policy & Enforcement Priorities

Terrell McSweeny
Commissioner Federal Trade Commission
Chicago Ballroom
2:00pm General Session Cont.

Grand Ballroom

Developing Aggressive Marketing Campaigns in a Hyper-risk World

This session will review the risks, rewards and challenges of major ad campaign launches. It will focus on the major question of how do internal and external counsel work together to assess and minimize risk, while helping the business communicate the strongest possible messages?

Moderator: Christopher Cole
Partner Crowell & Moring LLP
Ted Suzuki
Vice President, Deputy General Counsel DIRECTV
Jeff Curtin
Vice President, Deputy General Counsel Kimberly-Clark Corporation

Retail Marketing

This session will cover key issues including - recent enforcements and actions in sale/price advertising, issues and best practices for retail geo-targeted advertising, retailer liability for infringement and claim substantiation, and concerns for online retailers under New Jersey's warranty law.

Moderator: Monique Bhargava
Associate Winston & Strawn LLP
Mark Richardson
Senior Counsel Target
Brandi van Leeuwen
Corporate Counsel Meijer, Inc.
Kate Eguchi
Team Leader, Technology & Marketing Legal Team Whole Foods Market, Inc.
3:50pm Coffee Break  

Grand Ballroom Foyer
4:00pm Breakouts (1)

Chicago Ballroom

Is Privacy Bearable, When Technology is Wearable – A Review of Key Privacy & Internet of Things

Matthew Lawless
Counsel - Global Privacy Cyber Security IT Law The Procter & Gamble Company
Catherine Mennenga
Global Executive Brand Counsel General Electric Company
Gary Kibel
Partner, Digital Media, Technology and Privacy Davis & Gilbert LLP
Brian Nixon
Partner Loeb & Loeb LLP
Chicago ABC

Anatomy of a False Advertising Jury Trial- From Preliminary Injunction through Damages

Drawing on an actual case study from a federal Lanham Act action, this session will provide an overview of strategic considerations at every stage of false advertising litigation – from the preliminary injunction phase, through a jury trial on damages.  Among the subjects to be addressed, will be early case assessment, maximizing discovery, the role of surveys and expert witnesses, and effective trial techniques.

Norman C. Simon
Partner and Co-chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP
Chicago D

Cause Marketing

This session will focus on the latest compliance for cause-marketing programs, as well as social media. Topics that will be addressed are charitable sales promotions, donations at checkout, and free-action programs - including case studies from Macy’s and UPS. Key takeaways will provide an overview of compliance for each type of program, plus state-by-state reference materials. 

Moderator: Edward Chansky
Shareholder Greenberg Traurig LLP
Paula L. Barnes
Senior Counsel, Law Department Macy's Inc.
James T. Harris
Corporate Counsel United Parcel Service, Inc. (UPS)
Chicago E

Global Advertising GALA

Organizing and running a sweepstakes across different countries can feel somewhat like a game of chance in itself. A thoroughly international GALA panel from Peru, Zimbabwe, Colombia, Singapore/Malaysia and Ireland will shed their light on relevant rules and regulations across jurisdictions. The panel, moderated by Daniël Haije (Netherlands), will help facilitate the knowledge on how a “knowhow” giveaway, offering insight into local particularities and practicable tips & tricks, will make cross border contest organizer's lives easier.

Moderator: Daniel Haije
Partner Hoogenraad & Haak (Netherlands)
Conor Griffin
Partner Duncan Grehan & Partners (Ireland)
Brenda Wood Kahari
Partner B.W. Kahari Law Offices (Zimbabwe)
Eliana Lesem
Lawyer Martinot Abogados (Peru)
Patrick Mirandah
CEO Patrick Mirandah Co. (Singapore)
Juan Carlos Uribe
Partner Triana, Uribe, Michelsen (Colombia)
Chicago FGH
5:00pm Breakouts (2)

Chicago Ballroom

Brands & Music – Best Practices in Navigating Shifting Trends

This session will provide an overview of the key legal issues surrounding today’s trending (and changing) sponsorship, and advertisement activities, involving brands and music. Discussion will focus on the various strategies a brand should consider adopting before launching any such campaigns.

Moderator: A.J. Correale
Member Frost Brown Todd LLC
Dave Santaniello
Senior Vice President, Rights and Partnerships United Entertainment Group
Bethany Ammons
Legal and General Affairs Coordinator Perfetti Van Melle USA, Inc.
Navine Karim
Head of Business and Legal Affairs Red Bull Media House NA, Inc.
Chicago ABC

What’s New in Consumer Class Actions’

Consumer class actions have become the most common type of false advertising challenge, far outnumbering Lanham Act suits, NAD challenges or FTC proceedings. Too many corporations still view these class actions as nuisances, but many companies that take this approach often wind up paying huge settlements and, perhaps even worse, incurring extensive bad publicity. In this session, you will hear what types of advertising claims, and which industries have become the biggest targets of the class action bar. You will also learn how best to defend these cases, as well as how not to, along with what types of alternative fee arrangements are most, and least likely to save legal fees without putting the outcome of the case in jeopardy.

Lawrence I. Weinstein
Partner Proskauer Rose LLP
Chicago D

Married to the Mob: Using Crowdsourced Data as Substantiation

This session will focus on Crowdsourcing Substantiation. When consumers post reviews, interact with social media platforms, and use applications and other technology, a staggering amount of data is collected.  In this session we will explore when, and how, you can use this data to create and substantiate advertising claims.  We will review the latest NAD decisions and guidance from the FTC, and tap into the unmatched wisdom of the “mob” of attendees through interactive facilitation.

Brian Murphy
Partner Frankfurt Kurnit Klein & Selz PC
Chicago E

Data Centric Marketing Trends in Data Collection Use and Security

This session will discuss cross-device tracking and targeting, location-based in-store tracking and targeting and FCC potential rulemaking. It will also focus on the FTC and data security issues, as well as the impact of California state privacy laws.

Moderator: Alan Friel
Partner BakerHostetler
Nick Johnson
Partner Osborne Clarke LLP
Jason M. Adler
Attorney Federal Trade Commission
Struan Robertson
Senior Product Counsel Google
Chicago FGH
6:00pm Cocktail Party

Chicago Ballroom Foyer
Friday, November 11, 2016
7:00am Registration

7th Floor Registration Desk
7:15am Roundtable Breakfasts with the Experts

Chicago Ballroom

Social Media & Rights of Publicity in the Aftermath of the Hulk Hogan v. Gawker Case

Mary Ann L. Wymore
Officer Greensfelder, Hemker & Gale, P.C.

Black & White Answers to Questions & Sweepstakes Agency Gets Daily

Larry Berney
Chief Operating Officer Don Jagoda Associates

Enforcement of Trademarks, Counterfeiting and Other Issues

Brian Bloom
Partner Morritt Hock & Hamroff LLP

Native Advertising

Fernando Bohorquez
Partner BakerHostetler

Consumer Product Safety Issues

Katie Townley
Attorney Kelley Drye & Warren

Latest Developments in Alcohol Marketing

Scott Schleifstein
Partner Cohen Silverman & Rowan LLP

Branded Content: How To Tell Brand Stories In Europe

Claire Bouchenard
Partner Osborne Clarke LLP

Implications of Brexit for International Brands and Agreements

Jo Farmer
Partner Lewis Silkin LLP

Key Problems in Digital Transactions: Data Analytics, Native Advertising & Mobile

Farah Cook
Senior Counsel Patrick Law Group, LLC
Linda Henry
Deputy Counsel and Vice President of Operations Patrick Law Group, LLC

Loyalty Programs

Jason Gordon
Counsel Reed Smith LLP

Fantasy Contests: The Latest Developments

Robert LaPlaca
Partner Verrill Dana LLP

The “Art” of Art Buying in Advertising

This session will focus on the legal issues in clearing out photography and film in advertising, as well as the best practices for negotiating Licenses.

Sandra Leib
General Counsel DDB Chicago

Influencers, Fake Reviews and Social Media

Daniel Smith
Director & Head of Advertising Law UK Gowling WLG

FTC Cares About Disclosing Social Paid Hashtag Ads and So Should You

Adam Solomon
Partner Michelman & Robinson, LLP
Patricia Doyle
Senior Ad Law Compliance Manager Microsoft Corporation

TCPA: New FCC Developments and their Impact on Marketers

Andrew Lustigman
Partner Olshan Frome Wolosky LLP

Canada: Spam Problems & Other Hot Issues

Jennifer McKenzie
Partner Bereskin & Parr LLP
Catherine Lovrics
Partner Bereskin & Parr LLP
8:15am Introduction

Ed Kabak
Senior Vice President, Chief Legal Officer ANA/BAA
Grand Ballroom

Legislative Year in Review

A leading expert on Washington politics, and the economy, brings you right up to date on what the 2016 election means for our industry and the country.

Dan Jaffe
Group Executive VP, Government Relations ANA

Brand Activation – Law in Review

How does a company today compete aggressively using the tools and disciplines of Shopper, Experiential, Influencer and Promotions Marketing together with the key media platforms of Social, Mobile and Digital? This session will focus on what the risks and rewards are, the pitfalls and practice tips, and what others are doing that you should be doing. Whether you are a brand, agency, retailer, publisher, media or technology company, lawyer or a non-lawyer- please join us to experience another educational and creative adventure.

Ronald Urbach
Chairman & Co-Chair of the Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
10:00am Coffee Break  

Grand Ballroom Foyer
10:15am General Session Cont.

Grand Ballroom

Advertising Year in Review

What were the biggest advertising law developments of the year?  What cases do you need to know about?  This session will cover the most important advertising law cases of the year from the Federal Trade Commission and the National Advertising Division.  

Moderator: Jeffrey A. Greenbaum
Managing Partner Frankfurt Kurnit Klein & Selz PC
Rebecca L. Griffith
Senior Staff Attorney National Advertising Division (NAD)
Richard Cleland
Assistant Director - Division of Advertising Practices Federal Trade Commission

How Much is Enough? Cyber Security in a Big Data World

Alan Sutin
Shareholder Greenberg Traurig LLP
Ian Ballon
Shareholder Greenberg Traurig LLP
Rodrigo Loureiro
Chief Information Security Officer Laureate
12:00pm Lunch & Keynote Speaker

Jordan McCollum
General Counsel Oculus VR
Chicago Ballroom
1:15pm Coffee Break & Dessert  

Chicago Ballroom Foyer
2:00pm Breakouts (1)

Chicago Ballroom

Children’s Advertising

This session will explore hot topics in children’s advertising, which range from social media and online privacy, to mobile apps, endorsements and native advertising.

Co-Moderator: Allison Fitzpatrick
Partner Davis & Gilbert LLP
Co-Moderator: Jason Howell
Partner Perkins Coie LLP
Phyllis Spaeth
Assistant Director, CARU Council of Better Business Bureau
Vice President, Counsel, Kid’s Compliance Viacom
Chicago D

Right of Publicity

Your clients are obtaining rights in content created by media and other content creation entities accustomed to creating editorial as opposed to advertising content. What are best practices in disclosing the brand’s connection to the content when it is published in different forms and media, including as a vehicle or consideration for advertising placements and revenue shares. How should indemnification work?

Moderator: Rick Kurnit
Partner, Advertising, Marketing, IP and Employment Frankfurt Kurnit Klein & Selz PC
Ellie Boragine
Vice President American Express
Steven Weissman
Vice President & Deputy General Counsel Time Inc.
Chicago E

Celebrity Talent

This panel will explore the negotiation techniques, strategies and key issues involved in crafting a deal with celebrity talent. Advertisers are increasingly engaging celebrities, as well as “influencers”, to help promote their brands and spread their content and messages across digital and social media. This session will explore the legal nuts and bolts and best practices for these campaigns, from the perspective of the brand and the agency. It will include FTC enforcement trends, guidelines for endorsements and testimonials, and the effective use of disclosures across different channels.

Moderator: Gina Reif Ilardi
Partner Jenner & Block LLP
Peter Petros
General Counsel Edelman
Amanda Conti-Duhaime
Head of Advertising, Marketing & Promotion Group Fiat Chrysler Automotive NA
Ankan Patel
Vice President and Senior Counsel, Marketing & Sponsorships MasterCard Worldwide
Chicago ABC

Complex Loyalty Programs

Loyalty programs are increasingly popular with both brands and businesses, but they are also more and more frequently the target of class action litigation and regulatory enforcement. These programs may incorporate free perks, sweepstakes, member-only coupons and discounts, as well as the opportunity to earn products, gift cards and even elaborate experiences. Join the in-house counsel working with some of the biggest loyalty programs in the business, to explore the legal and practical issues involved in establishing, changing, and/or terminating loyalty programs. 

Moderator: Melissa Landau Steinman
Partner Venable LLP
Eric Anderson
Associate General Counsel, Marketing and Advertising Sears Holdings Corporation
Stacey Olliff
Senior Vice President Prodege, LLC
Mark Odegard
Senior Director Best Buy Company, Inc.
Chicago FGH
3:00pm Breakouts (2)

Chicago Ballroom

Problems in Substantiating Advertising Claims

This session will examine key areas of focus when considering product testing design to substantiate or challenge advertising claims. It will look at the burden placed on the advertiser and challenger in the various advertising contexts and forums, and the impact each specific burden has on testing design. It will consider the various types of common advertising claims and the method of testing that may be used to support each type of claim, as well as examine key product testing principles and test design considerations. The session will conclude by discussing select Lanham Act and NAD cases where the outcome turned on issues of test design and implementation, and explore key takeaways from those decisions.

Alexander Kaplan
Partner Proskauer Rose LLP
Chicago D

Consumer Engagement in a Post 60-Second Spot World- Adding Value through Branded Entertainment

Craig Cardon
Partner Sheppard, Mullin, Richter & Hampton LLP
Doug Scott
Founding Partner kodezero
Chicago E

Consumer Review: A Double Edge Sword

Jamie Rubin
Partner Information Law Group LLP
Jennifer Babin
Senior Director, Legal Expedia, Inc.
Chicago ABC

Healthy, Natural and GMOs: Hot Food Marketing Claims

Moderator: Phyllis Marcus
Counsel Hunton & Williams
Stacy Ehrlich
Partner Kleinfeld, Kaplan & Becker LLP
Richard Cleland
Assistant Director - Division of Advertising Practices Federal Trade Commission
Laura Protzmann
Senior Counsel Unilever United States, Inc.
Chicago FGH
4:00pm Conference Adjournment

Cancellation Policy and Notes

Single ANA member and nonmember conference registrations can be cancelled in writing only via email (registration@ana.net). 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. No refunds will be granted for any cancellations received less than 60 days out 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.

     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.


BAA Financial Aid Hardship Policy Summary

The 38th Annual BAA Marketing Law Conference (Nov. 9-11, 2016 - Chicago, Illinois)

The 2016 financial aid policy of the ANA/BAA Marketing Law Conference is to offer:

1) Students and academics, and

2) Lawyers, including those in transition, demonstrating financial hardships such as unemployment, a scholarship in the form of a reduced rate of $695.00 or complimentary registration, as may be appropriate, for registration in lieu of the non-member rate of up to $2,945.00.  Proof may be required of academic or hardship status, including in the latter case, demonstration of unemployment or adverse financial status.

3) Application may be made for Financial Hardship by sending a letter to: Brand Activation Association, 708 Third Avenue, 33rd Floor, New York, N.Y. 10017 – Attn: Ed Kabak, Chief Legal Officer or by email to ekabak@baalink.org