2018 ANA/BAA Marketing Law Conference

This event is over.

ANA/BAA MARKETING LAW CONFERENCE IN A NUTSHELL:
WHY YOU NEED TO BE HERE

  • More than 170 speakers, 65 sessions, and 15 roundtables
  • Major CLE credits and the industry’s best networking opportunity
  • The best hands-on legal and practical marketing and advertising law guidance
  • Keynotes:
    • Andrew Smith, Director, FTC Bureau of Consumer Protection
    • Don McGowan, Chief Legal Officer, Business Affairs of The Pokémon Company International, Inc.
  • Role of data in marketing post-GDPR, all aspects of privacy, and real-time and in-store marketing, from top brands including Microsoft, Facebook, Snap, Google, Whole Foods, Uber, Buzzfeed, Verizon, Twitter, Pinterest, and Spotify
  • Influencers, native advertising, and the right of publicity
  • Practical new sessions on VR, AR, AI, e-sports, and ransomware
  • Expanded regulatory coverage (FTC, FCC, FDA, NAD, CARU), state AGs, ASRC
  • Multiple privacy modules (U.S. and global): big data, targeted advertising, California privacy, programmatic buying, the Internet of Things, cross-device linking, and post-GDPR e-privacy
  • Litigation, including false advertising, Lanham Act, and NAD review
  • Trademarks, copyrights, claim substantiation, class actions
  • The best learning on sweepstakes, skill contests, gaming, and loyalty programs/gift cards
  • Sports marketing, celebrity/talent, sponsorships, music, trademarks, and sports
  • The year in review and technologies to come; practical business learning
  • Children’s advertising, retail laws, food laws, endorsements and cause marketing
  • Third-party rights and thorny issues regarding agency-client relationships
  • Alcohol and marijuana marketing

The hashtag for this conference is #MarketingLaw

To learn about sponsorship opportunities for this year's Marketing Law Conference, please contact Ed Kabak at 646-708-8123 or ekabak@ana.net


Agenda

2018 Law Co-Chairs

Theresa Harris
Senior Counsel
Target

Jason Mueller
Partner
Sheppard Mullin Richter & Hampton LLP

Jane Pollack
Chief Marketing & Advertising Counsel
Uber Technologies

Lauren Tang
Associate General Counsel, Marketing and Advertising
Facebook

TIME EVENT DETAILS LOCATION
Wednesday, November 7, 2018
11:30am REGISTRATION OPENS

7th Floor Grand Ballroom Foyer
1:00pm BREAKOUTS I

5th Floor

BASICS OF PROMOTION, SWEEPSTAKES, CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, but more than the key legal issues and the vocabulary you will need to best understand the rest of the conference. Also covered will be the rules and updated platform specific requirements for these types of promotions and a study of the latest in the evolving world of gaming ,gambling, fantasy sports, sports betting and major court decisions.

Barry Benjamin
Partner Kilpatrick Townsend & Stockton LLP
5th Floor Chicago ABC

BASICS OF ADVERTISING: A BRAND-NEW TAKE ON SUBSTANTIATION, DISCLOSURES & SOCIAL MEDIA

This session will cover important principles of advertising law, including prerequisites to prove your claims, the type of proof required, how to make disclosures and application of these principles to social media. In addition, it will cover options for challenging competitors. Whether new or experienced to advertising, this session will give you down to earth information you need to put later sessions into context. This presentation will put a great new spin on important topics.

Gonzalo Mon
Partner Kelley Drye & Warren LLP
5th Floor Chicago D

COPYRIGHT AND TRADEMARK IN THE NEW ECONOMY

In the new economy, millennials and technology are the primary drivers of change. This breakout session will focus on several types of change that affect decision-making related to intellectual property issues in the advertising law field—including client expectations of pace of work, customer expectations of advertisements, new methods of advertising, creative ways to enforce intellectual property rights, corporate structure, and the use of advertising in litigation.  

Elizabeth Brenckman
Principal Fish & Richardson P.C
Craig Moore
Managing Counsel, Brand Marketing, Trademark & Copyright Wells Fargo
Stuart Kauffman
Chief Marketing Counsel Samsung Electronics America, Inc.
Mark Odegard
Senior Director, Legal Department Best Buy Company, Inc.
Ashlie Smith
Associate Fish & Richardson P.C
5th Floor Chicago FGH

YOUR TRADEMARK MAY BE A FALSE ADVERTISEMENT

Selling Someone Else’s Product/using someone else’s mark-Scope of Fair Use for copyright/trademark; comparative advertising, indemnification  and more a review of trademark law, including the basics and the latest big issues in the legal arena including using a competitor’s trademark in hashtags, domain names and words and the difference if used in a competitor’s advertising or for diversion.

Jessica Kraver
Associate Katten Muchin Rosenman LLP
Jim Lewis
Corporate Counsel, Global Intellectual Property The Kellogg Company
5th Floor Denver/Houston/Kansas City

HOW TO NEGOTIATE AGENCY/CLIENT AGREEMENTS IN TODAY’S SENSITIVE ENVIRONMENT

This session will present the viewpoint of both the brand and the agencies in negotiating the tricky terrain of agency-client agreement in light of recent developments.

Sandra Leib
General Counsel DDB Chicago Inc.
Michael Schiffer
Senior Legal Counsel, Marketing Twitter
Karla Cohen
Assistant General Counsel, Marketing Sales & Trademarks Edgewell Personal Care Brands, LLC
Adam Kagan
General Counsel Hearts & Science, Division of Omnicom
Jax Russo Curtin
Assistant General Counsel, Senior Director Heineken USA, Inc.
5th Floor Chicago E
2:05pm BREAKOUTS II

5th Floor

PRICE & SALES ADVERTISING

Advertisers and retailers are facing increasing challenges regarding sale and price advertising and claim substantiation, and particularly in the context of multiple platforms, new technologies and shifting market. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation while walking through potential mine-field, and strategies for addressing dynamic pricing and geo-targeting.

Moderator:
Jason Howell
Partner Perkins Coie LLP
Maureen Kats
Senior Counsel PetSmart
Amanda Beane
Partner Perkins Coie LLP
Anna Kakos
Managing Director, Corporate Counsel Starbucks Corporation
Mark Richardson
Director, Legal The Target Corporation
5th Floor Chicago ABC

ETHICS FOR LAWYERS

Jack Sahl
Professor University of Akron Law School
5th Floor Chicago D

REGULATED INDUSTRIES: ALCOHOL

The marketing of alcoholic beverages can be complicated. Brands must not only insure that their marketing is directed to consumers who are above the legal age consumption, but must also navigate various federal and state laws and regulations related to the promotion and sale of alcoholic beverages. This session will cover some of the unique issues related to the advertising, promotion and marketing of alcoholic beverages.

Michael Schwab
Counsel Moritt Hock & Hamroff LLP
Jessica Bahr
Associate General Counsel Constellation Brands
5th Floor Chicago E

GDPR AND E PRIVACY: NEXT STEPS

This session will review both the scope of these far-reaching rules, the current status and likely future state of enforcement, changes, and best practices for running compliant programs.

Moderator:
Mary Ann Wymore
Officer Greensfelder, Hemker & Gale, P.C.
Morgan Woodbury
CIPP/E, CIPM, Global Alliances Program Lead OneTrust
Michele Ramsey
Chief Privacy Officer/Global Privacy Lead Corteva Agriscience, Agriculture Division of DowDupont
5th Floor Chicago FGH

SPORTS MARKETING: LEAGUE PLAYER AND TEAM ISSUES AND AMBUSH MARKETING POST-OLYMPICS

Moderator:
Seth Rose
Partner Loeb & Loeb LLP
Cheryl Givner
Senior Vice President, Asst. General Counsel, Marketing & Strategic Growth MasterCard
Brett Scharback
Vice President and General Counsel Chicago Cubs
Thomas Adams
Assoc. Director & Assoc. General Counsel The Procter & Gamble Company
5th Floor Denver/Houston/Kansas City
3:10pm BREAKOUTS III

5th Floor

COMPELLED DISCLOSURE, THE FIRST AMENDMENT AND A NEW PATH FOR FCC ON PRIVACY & NET NEUTRALITY

This session will explore the current state of commercial speech doctrine, with particular emphasis on the increasing use of compelled disclosures and disclaimers. This will include a discussion of the extent to which recent developments concerning the Federal Communications Commission affect the law and best practices.

Ronald London
Of Counsel Davis Wright Tremaine LLP
5th Floor Denver/Houston/Kansas City

THE RIGHT OF PUBLICITY VS. OTHER CONTENT CLAIMS

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 does fake news play into this arena?

Moderator:
Rick Kurnit
Partner Frankfurt Kurnit Klein & Selz PC
Ellie Boragine
Vice President & Chief Advertising Counsel American Express
Lasherelle Morgan
Senior Corporate Counsel Audible
Jeff Hoeh
Senior Vice President, Legal Affairs NBCUniversal
Greg Brehm
General Counsel Cheddar, Inc.
5th Floor Chicago ABC

THE ENDORSEMENT GUIDES, SPONSORSHIPS & THE LATEST IN FTC ENFORCEMENT

Moderator:
Gina Reif Ilardi
Partner & Co-Chair, National Advertising Team DLA Piper LLP
Leslie Holland
Vice President, Legal Affairs Live Nation
Kyle Birch
Assistant General Counsel Comcast
Theresa Harris
Senior Counsel Target
5th Floor Chicago D

NAVIGATING THE MURKY WATERS OF AD TECH

A renowned expert takes you on a trip through the turbulent waters of the multifaceted changes to the ad tech world, including those relating to transparency, GDPR, California Privacy Law, and programmatic advertising. Invaluable pragmatic learning!

Moderator:
James Taylor
Partner & Co-Chair Advanced Media and Technology Loeb & Loeb LLP
Kimberly Wong
Senior Counsel, Privacy and Information Governance McDonald’s Corporation
Serena Pruitt
Senior Counsel, Marketing & Intellectual Property McDonald’s Corporation
Sarah La Voi
Associate General Counsel RE:Sources USA
5th Floor Chicago E

PROTECTING AGAINST CONSUMER FRAUD AND DATA PRIVACY CLASS ACTIONS

Learn the basics of preventing and defending consumer class actions alleging false advertising, consumer privacy, and data breaches, with insights into emerging trends in this space.

Moderator:
Eileen Patt
Partner Kramer Levin Naftalis & Frankel LLP
Matthew Lawless
Counsel, Global Privacy, Cybersecurity, and IT Law The Procter & Gamble Company
Samantha Ettari
Special Counsel, E-Discovery Counsel Kramer Levin Naftalis & Frankel LLP
Megan Frient
Senior Counsel, Global Litigation and Dispute Resolution The Procter & Gamble Company
5th Floor Chicago FGH
4:15pm BREAKOUTS IV

5th Floor

THE EVOLVING USE OF BLOCKCHAIN IN CREATIVE, CONTRACT MANAGEMENT, AND MARKETING/ADVERTISING

Moderator:
Laura Jehl
Partner Baker Hostetler LLP
Peter Franklin
CEO, Founder Pryze Ltd.
5th Floor Chicago ABC

LOOKING BEYOND THE BORDERS

Increasingly, in-house counsel based in the U.S. are asked to take the lead or even responsibility for global compliance. Hear from in house counsel about practical tips for managing expectations and campaigns across global borders. The session will have a particular emphasis on looking north to Canada, why can’t you just be a 51st state? How recent legal and self-regulatory changes in Canada may impact your cross-border campaigns.

Catherine Bate
Partner Miller Thomson LLP
Limor Robinson Mann
Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company
5th Floor Denver/Houston/Kansas City

AUGMENTED REALITY, VR AND AI – MORE AHEAD

Moderator:
Kraig Baker
Partner Davis Wright Tremaine LLP
Eric Baum
SVP, Business & Legal Affairs Sony Pictures Entertainment
Kenneth Rubenstein
Director, Legal Google
5th Floor Chicago D

ESPORTS: NEGOTIATING RIGHTS, TALENT & BRAND SAFETY

Learn how brands are engaging in the dynamic world of esports. This session will present real world examples of successful esports brand sponsorships and a practical guide to the esports landscape, including which questions to ask when it comes to rights, talent and brand safety.

Moderator:
Suemyra Shah
General Counsel Whistle Sports
Jennifer Hurley
Managing Corporate Counsel T-Mobile
Dan Ciccone
Co-Founder & Managing Director REV/XP
5th Floor Chicago FGH

THIRD PARTY RIGHTS

Moderator:
Jason Gordon
Partner Reed Smith LLP
Lynnette Fuller-Andrews
VP & Deputy General Counsel Hanes Brands, Inc.
Mary Carragher
Chief Counsel, Global Marketing & Media Mondelez International, Inc.
5th Floor Chicago E
5:20pm BREAKOUTS V

5th Floor

MORE TCPA LITIGATION IN THE NEW REGULATORY ENVIRONMENT

Moderator:
Terese Arenth
Partner Moritt Hock & Hamroff LLP
William Heberer
Vice President, Law, Cable & Communications Altice USA
Alycia Horn
Vice President and Deputy General Counsel Comcast
5th Floor Denver/Houston/Kansas City

THE LATEST HOT BUTTON ISSUES IN REAL TIME MARKETING & SOCIAL MEDIA, & NOW A PEEK AROUND THE CORNER

All the key issues in social media and real-time marketing with a unique team of panelists.

Moderator:
Joseph Lewczak
Partner Davis & Gilbert LLP
W. David Hubbard
VP & DGC, Marketing, Intellectual Property & New Media Law & Policy Verizon Communications
Caroline Selfridge
Chief Marketing Counsel Intel
Amanda Rinkoff
Legal Director of Global Marketing and Advertising Uber Technologies, Inc.
5th Floor Chicago ABC

CROSS-DEVICE LINKING: IOT, OBSOLESCENCE ISSUES & FUTURE TECHNOLOGIES

Ned Sherman
Counsel & Director Manatt, Phelps & Phillips LLP
Steve Kim
Associate General Counsel Spotify
5th Floor Chicago D

HOT ISSUES IN IN-STORE RETAIL MARKETING – SCANNING, PAYMENT, AND BRANDING IN A CROWDED FIELD

Moderator:
Justine Gottshall
Partner Info Law Group LLP
Brandi Van Leeuwen
Senior Counsel Meijer Inc
Kate Eguchi
Associate General Counsel Whole Foods Market
Paul Twarog
Director, Legal Google
5th Floor Chicago E

A PICTURE IS WORTH A THOUSAND WORDS (SOME UNINTENDED): THE RISKS OF IMAGERY IN ADVERTISING

Your claims have been vetted, the testing is complete, and the commercial is coming together. But will the images in the ad convey any unintended messages the substantiation cannot support? It happens. This session will review some of those commercials, the NAD and court decisions that followed, and ways in which advertisers can avoid the pitfalls of using imagery in advertising. 

Alexander Kaplan
Partner Proskauer Rose LLP
5th Floor Chicago FGH
6:30pm COCKTAIL RECEPTION  

7th Floor Grand Ballroom - Salon 3
Thursday, November 8, 2018
6:45am REGISTRATION OPENS

7th Floor Grand Ballroom Foyer
7:15am BREAKFAST  

BREAKFAST ROUNDTABLES WITH THE EXPERTS

5th Floor Chicago Ballroom

1 - NOT ALL FUN AND GAMES: PRACTICAL ANSWERS TO YOUR VEXING PROMOTION QUESTIONS

Larry Berney
General Counsel Don Jagoda

2 - WHAT'S LEFT OF CDA 230 IMMUNITY?

Alan Friel
Partner Baker Hostetler LLP

3 - AVATARS, CHATBOTS, AND OTHER DAUNTING FUTURISTIC MEDIA

Hannah Taylor
Counsel Frankfurt Kurnit Klein & Selz PC

4 - ALCOHOL MARKETING PROMOTIONS & MARKETING

Scott Schleifstein
Partner Cohen Silverman & Rowan LLP

5 - MADE IN USA CLAIMS

Lauren Aronson
Counsel Crowell & Moring LLP

6 - OVERCOMING DIFFICULTIES IN COMPLIANCE WITH COPPA

Katie Goldstein
Senior Counsel, CARU Unit ASRC

7 - THE DO’S & DON’TS OF USING COPYRIGHTS & TRADEMARKS IN SOCIAL MEDIA

Michelle Cooke
Partner Manatt, Phelps & Phillips LLP

8 - COMPLIANCE WITH GDPR & THE CALIFORNIA PRIVACY ACT

Doron Goldstein
Partner Katten Muchin Rosenman LLP

9 - NEGOTIATING CLASS ACTION SETTLEMENTS

Jennifer Yang
Associate Proskauer Rose LLP
Jeffrey Warshafsky
Associate Proskauer Rose LLP

10 - HOW DOES GDPR AFFECT DIRECT MARKETING IN GERMANY & THE EU?

Søren Pietzcker
Partner Heuking Kühn Lüer Wojtek

11 - WARNING: NEW LABELING REQUIREMENTS UNDER CALIFORNIA PROPOSITION 65, AS AMENDED

Brian Bloom
Partner Moritt Hock & Hamroff LLP

12 - 2018 NAD CASES: TOP TEN TIPS & TAKE-AWAYS

Aaron Taylor
Partner Davis & Gilbert LLP

13 - SPECIAL PROBLEMS: INSURANCE COMPANIES

Jason Holleb
Staff Attorney Allstate Insurance Company

14 - BUY AMERICAN, HIRE AMERICAN: MARKETING PRODUCT ORIGIN WITHOUT CROSSING RISKY LINES

Kristi Wolff
Partner Kelley Drye & Warren LLP

15 – INCENTIVIZING YOUR AGENCY: ARTIFICIAL INTELLIGENCE AND THE GDPR

Arne Neubauer
Associate Osborne Clarke LLP
Tina Gausling
Senior Associate Osborne Clarke LLP
8:15am GENERAL SESSION

7th Floor Grand Ballroom

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak
Senior Vice President, Law ANA
7th Floor Grand Ballroom
8:25am

OPENING REMARKS

Bob Liodice
Chief Executive Officer ANA
7th Floor Grand Ballroom
8:50am

YEAR IN REVIEW, SWEEPSTAKES, CONTESTS, PRIVACY, DIGITAL & SOCIAL MEDIA

Masters of the arts give the highlights of the year in the industry as well as the strategies/tactics and insider’s look at how to deal with the key issues of the day.

Linda Goldstein
Co-Leader, Advertising, Marketing & Digital Media Practice Baker Hostetler LLP
Amy Mudge
Co-Leader, Advertising, Marketing & Digital Media Practice Baker Hostetler LLP
7th Floor Grand Ballroom
9:45am

NEW FRONTIERS IN TECHNOLOGY PLATFORMS AND AD TECH

An in-depth, hands-on look at how marketers are using new technologies, how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Kenneth Florin
Chairman Loeb & Loeb LLP
Monique Bhargava
Partner Loeb & Loeb LLP
Brian Heidelberger
Chair, Advertising, Marketing and Promotions Loeb & Loeb LLP
Nate Hole
Deputy Chair, Advanced Media and Technology Loeb & Loeb LLP
Melanie Howard
Chair, Intellectual Property Protection Loeb & Loeb LLP
7th Floor Grand Ballroom
10:40am NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer
11:00am GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

ADVERTISING REVIEW OF THE YEAR'S BIG CASES WITH THE REGULATORS

Marc Roth
Partner Davis Wright Tremaine LLP
Paul Singer
Chief Consumer Protection Office of the Texas AG
Lesley Fair
Senior Attorney, Bureau of Consumer Protection FTC
Laura Brett
Director, National Advertising Division ASRC
7th Floor Grand Ballroom
11:55am

THE FUTURE OF MEDIA: WHAT DOES INDUSTRY MERGER ACTIVITY MEAN FOR THE ADVERTISING INDUSTRY?

Christopher Cole
Partner Crowell & Moring LLP
David Ervin
Partner Crowell & Moring LLP
Augustine Fou
Independent Cybersecurity and Ad Fraud Researcher Marketing Science Consulting Group, Inc.
Sean-Paul Brankin
Partner Crowell & Moring LLP
7th Floor Grand Ballroom
1:00pm LUNCHEON  

5th Floor Chicago Ballroom
SPEAKER

FTC Policy and Enforcement Going Forward

Andrew Smith
Director, Bureau of Consumer Protection FTC
5th Floor Chicago Ballroom
2:20pm GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

INFLUENCER MARKETING NATIVE ADVERTISING & USER GENERATED CONTENT

Moderator:
Po Yi
Partner Venable LLP
Pauline Jaturongpanich
Associate Venable LLP
Christopher Lentz
Senior Corporate Counsel Ulta Beauty Inc.
Mary Engle
Associate Director, Advertising Practices Bureau of Consumer Protection, FTC
7th Floor Grand Ballroom
3:15pm

EMERGING TRENDS IN ADVERTISING LITIGATION

This session will address significant 2018 decisions in Lanham Act and consumer fraud class action cases, as well as challenges before the National Advertising Division (NAD) and appeals before the National Advertising Review Board (NARB). Mr. Simon’s and Ms. Patt’s presentation will discuss emerging trends in advertising litigation that can be gleaned from these cases.

Norman Simon
Partner, Co-Chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP
Eileen Patt
Partner Kramer Levin Naftalis & Frankel LLP
7th Floor Grand Ballroom
4:10pm NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer/5th Floor Chicago Ballroom Foyer
4:25pm BREAKOUTS VI

5th Floor

BRANDS & MUSIC – DEAL POINTS ON MUSIC LICENSING & USE AN OVERVIEW OF THE LEGAL ISSUES

Moderator:
A.J. Correale
Member Frost Brown Todd LLC
Matthew Dornauer
General Counsel Phusion Projects, LLC
5th Floor Chicago ABC

GALA: CHANGING GLOBAL AWARENESS OF GENDER ISSUES IN ADVERTISING

Moderator:
Cisca Brouwer
Senior Associate General Counsel, Global Commerce Snap Inc.
Juan Carlos Uribe
Partner Triana Uribe & Michelsen, Columbia
Daniel Haije
Partner Hoogenraad & Haak, Netherlands
Kelly Harris
Partner Miller Thomson LLP
Brinsley Dresden
Partner Lewis Silkin, UK
5th Floor Denver/Houston/Kansas City

ISSUES: DATA IN THE CONTEXT OF MARKETING POST-GDPR

Lauren Tang
Associate General Counsel, Marketing and Advertising Facebook
Nick Johnson
Partner Osborne Clarke LLP
Noga Rosenthal
Chief Privacy Officer & General Counsel NCC Media
Alan Sutin
Shareholder Greenberg Traurig, LLP
Jessica Finkelstein
Deputy General Counsel Pinterest
5th Floor Chicago D

LOYALTY PROGRAMS: LITIGATION AND REGULATORY CONCERNS

Moderator:
Melissa Landau Steinman
Partner Venable LLP
Nina Winner
Assistant General Counsel Sears Holding Corporation
Marisa Gomez
Assistant General Counsel Capital One Services, Inc.
Alicia Kabiri
Vice President, Sr. Counsel Brands and Marketing Hilton
5th Floor Chicago E

SUBSTANTIATING ADVERTISING RISKS FOR ACQUIRED PRODUCTS: HEIGHTENED RISKS & TIPS FOR AVOIDING THEM

The development or acquisition of a new product or new product category can be a major force driving corporate growth The campaign advertising for new products is vital to the development of the new product’s market share and consumers’ perception of the product. This panel will discuss best practices for reducing the chance that a new product’s launch campaign is interrupted or altered by lawsuits, NAD challenges or regulatory.

Moderator:
Alexander Kaplan
Partner Proskauer Rose LLP
Laura Brett
Director, National Advertising Division ASRC
Kathryn Farrara
Assistant General Counsel, Marketing Unilever
5th Floor Chicago FGH
5:30pm BREAKOUTS VII

5th Floor

PIRACY

Piracy is a worldwide problem and has been for decades if not centuries. The value lost through counterfeits is in the billions yearly. This panel will discuss the current and future state of counterfeiting, the legal tools available, and enforcement issues.

Rory Radding
Partner Locke Lord LLP
5th Floor Denver/Houston/Kansas City

CAUSE MARKETING

Learn the latest about compliance for cause-marketing programs, including in social media. Topics include charitable sales promotions, donations at checkout and free-action programs. Case studies enliven this informative session. Receive a solid overview of compliance for each type of program, plus state-by-state reference materials.

Moderator:
Edward Chansky
Shareholder Greenberg Traurig, LLP
Natalie Troilo
Senior Corporate Counsel Dick’s Sporting Goods
Todd Ellsworth
Chief Business Development & CLO CBS EcoMedia & Givewith LLC
5th Floor Chicago ABC

EXPERIENTIAL MARKETING

So-called experiential marketing includes an evolving spectrum of online, mobile and in-person invitations to interact with a product or service.  While the marketing team tries to determine how to measure the success of experiential, the legal team focuses on mitigating risk. This panel will explore the topic from the agency, brand client and media company perspectives.

Moderator:
Benjamin Mulcahy
Partner DLA Piper LLP
Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing & Promotion FCA USA LLC
Stephanie Bhonslay
Deputy General Counsel Havas
Kesari Ruza
VP, Legal Affairs HBO
5th Floor Chicago D

HOW TO SURVIVE AN FTC INVESTIGATION WITH A ROBUST ADVERTISING COMPLIANCE PROGRAM

Learn how to use tools, technology and training to improve your organization’s compliance profile – without over-taxing your legal team. Hear about the impact Microsoft’s compliance program had in the FTC’s Xbox One/Machinima endorsements inquiry, and how to efficiently leverage outside counsel as part of a compliance program.

Laura Kim
Partner, Vice Chair, Advertising & Consumer Protection Practice Group Covington & Burling LLP
Patricia Doyle
Senior Advertising Law Compliance Manager Microsoft Corporation
5th Floor Chicago E

DATA BREACH UPDATE: UNTANGLING THE COMPLEXITIES OF GLOBAL BREACH RESPONSE

Learn from the experts how to manage security breaches under the new EU General Data Protection Regulation and other foreign privacy laws, and how to protect against and deal with phishing attacks, malware, business email compromises, ransomware, and other evolving threats.

Melinda McLellan
Partner Baker Hostetler LLP
Kelly Alto
Legal Counsel Abercrombie & Fitch Co.
5th Floor Chicago FGH
6:30pm COCKTAIL RECEPTION

7th Floor Grand Ballroom - Salon 3
Friday, November 9, 2018
7:00am REGISTRATION OPENS

7th Floor Grand Ballroom Foyer
7:15am BREAKFAST  

5th Floor Chicago Ballroom
8:15am GENERAL SESSION

7th Floor Grand Ballroom

INTRODUCTION

Ed Kabak
Senior Vice President, Law ANA
7th Floor Grand Ballroom
8:25am

LEGISLATIVE YEAR IN REVIEW

A leading expert on Washington politics and the economy brings you right up to date on developments in our industry and the country.

Dan Jaffe
Group Executive VP, Government Relations ANA
7th Floor Grand Ballroom
8:55am

PURSUIT OF “TRUTH” IN ADVERTISING

The pursuit of “truth” in advertising has always driven the industry - and the regulators. But what does truth in advertising really mean today? The rapid evolution, transformation and radicalization of social media has made it more and more difficult to distinguish fact from fiction - and real news from fake news. Influencer marketing has transcended traditional celebrity models and become seeded into our everyday routine - and sometimes, we can’t tell what’s genuine. Marketers continuously struggle to cut through the noise and reach consumers in an authentic way. Meanwhile, the data brokers and social media platforms are collecting, channeling and analyzing a tsunami of data - a force behind the scenes of our daily lives that is only growing stronger. This year, come to challenge your preconceptions about truth and authenticity in the industry today. Whether you are a brand, agency, retailer, publisher, media or technology company, hear a fast-paced and exciting exploration of the digital  and social worlds we live in - and maybe a few other worlds as well.

Ronald Urbach
Chairman & Co-Chair of Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
7th Floor Grand Ballroom
9:50am NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer
10:10am GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

OMNI CHANNEL DREAMS AND NIGHTMARES

This session will highlight retail advertising’s shift to Omni channel communications to take advantage of the increased sales associated with the multitude of relevant customer contacts. Discussion of a wide variety of the legal issues that may have been over looked by the business and IT groups that have been largely tasked with implementing the brand’s Omni channel strategy.

Craig Cardon
Partner Sheppard Mullin Richter & Hampton LLP
Sirena Roberts
Vice President, Associate General Counsel Williams-Sonoma, Inc
Miranda Stephani
Associate General Counsel Levi Strauss & Co.
Sam Castic
Senior Director of Privacy & Associate General Counsel Nordstrom, Inc.
7th Floor Grand Ballroom
11:05am

TEN MAJOR CONTRACT CLAUSES EVERY MARKETING LAWYER CAN'T DO WITHOUT

Advertising law is a super-specialized area. At the same time, however, advertising lawyers need to know at least a little bit about lots of different areas of law: false advertising, unfair competition, copyright, trademark, right of publicity, privacy, employment, labor, regulatory … and of course, contracts. It takes a village to launch an advertising campaign, and the advertising lawyer needs to be familiar with a broad range of agreements to get the job done.

Hear esteemed counsel pick about a dozen contract provisions that every advertising lawyer needs to have in her form riles. This isn’t going to be a presentation about drafting (although the speakers will share their “best” versions of the provisions); instead, they will explore why the selected provisions are important, how these provisions get negotiated, and what might happen if your forget to include them in your contracts. Here are some areas of coverage:

  • Representations and warranties you want to have from your influencers
  • Idea submission waivers (and the unexpected places where you should have one)
  • Union assumption provisions in agency-client agreements, music licenses, and feature co-promotion deal
  • Morals clauses for talent agreement in this #metoo Era
  • What “post-term” provisions should you include in talent agreements, content licenses and other agreements?
  • Model releases in 2018
  • “Special Provisions” to include in a performer agreement for spots produced under the SAG-AFTRA low budget digital waiver
  • Terms of Service for that little app you are developing for your client
  • Securing consent to “regram” content (what are the options?)

Moderator:
Jeffrey Greenbaum
Managing Partner Frankfurt Kurnit Klein & Selz PC
Moderator:
Brian Murphy
Partner Frankfurt Kurnit Klein & Selz PC
7th Floor Grand Ballroom
12:00pm

AN ALL- STAR PANEL ON THE SHARED ECONOMY

How the business model affects communications, the enforcement of community guidelines, and the complex world of consumer reviews.

Moderator:
Jane Pollack
Chief Marketing and Advertising Counsel Uber Technologies, Inc.
Nicolette Martz
Senior Corporate Counsel Yelp
Alica Del Valle
Lead Counsel, I.P. & Marketing Airbnb
7th Floor Grand Ballroom
12:45pm LUNCH

Topic: THE WILD WIDE WORLD OF AUGMENTED REALITY

Don McGowan
Chief Legal Officer & Business Affairs The Pokémon Company International, Inc
7th Floor Grand Ballroom
1:50pm BREAKOUTS VIII

5th Floor

THINKING BIG – HOW TO PREDICT THE FUTURE OF INDUSTRY, COMMUNICATION, AND SOCIETY!

(Or, a discussion of negotiating celebrity and influencer-branded endorsement deals)

Moderator:
Jessica Borowick
Associate Venable LLP
Jay Golder
Assistant Vice President, Corporate Counsel Enterprise Holdings, Inc.
5th Floor Chicago ABC

CHILDREN'S ADVERTISING, CARU, COPPA, CONNECTED TOYS & CHILD INFLUENCERS

Co-Moderator:
Allison Fitzpatrick
Partner Davis & Gilbert LLP
Co-Moderator:
Phyllis Marcus
Partner Hunton Andrews & Kurth LLP
Dona Fraser
Director, Children’s Advertising Review Unit ASRC
Joseph Sena Jr.
Marketing Counsel The Campbell Soup Company
5th Floor Chicago D

GLOBAL SOCIAL MEDIA: KEY ISSUES AND LEARNING IN MERGERS, ACQUISITIONS, CONTRACTS & MANAGEMENT

Aba Rogers
Counsel Corporate Finance and Mergers & Acquisitions The Coca-Cola Company
Ilana Lubin
Partner Crowell & Moring LLP
Da’Morus Cohen
Associate Holland & Knight LLP
5th Floor Chicago E

STATE ATTORNEY GENERAL POLICY & ENFORCEMENT

Moderator:
John Feldman
Partner Reed Smith LLP
Jane Azia
Chief of the Bureau of Consumer Fraud & Protection Office of N.Y. Attorney General
5th Floor Chicago FGH

THE MAKING OF THE GRAMMY MOMENT: HOW INTEL HELPED LADY GAGA BECOME DAVID BOWIE

Sidney Fohrman
Partner Sheppard Mullin Richter & Hampton LLP
Dominic Sandifer
Group President Greenlight Media and Marketing
5th Floor Denver/Houston/Kansas City
2:45pm COFFEE BREAK  

5th Floor Chicago Ballroom Foyer
3:00pm BREAKOUTS IX

5th Floor

THE HIGHS & LOWS OF CANNABIS MARKETING – WHATS NEXT IN THE US & CANADA

Sarah Robertson
Partner Dorsey & Whitney LLP
Daniel Stein
Chief Executive Officer EVB
Felix Green
Head of Product GTI
A. Chandimal Nicholas
Associate Cassels Brock & Blackwell LLP
Charles Cantu
Cantu Holdings
5th Floor Denver/Houston/Kansas City

THE NEW CALIFORNIA PRIVACY LAWS

Moderator:
Gary Kibel
Partner Davis & Gilbert LLP
Moderator:
Robert Newman
Co-Chair, Privacy, Security and Data Innovations Loeb & Loeb LLP
5th Floor Chicago ABC

RETAIL AND FOOD CLAIMS

The ways in which retailers and food companies need to work together on claims. What happens when retailers put a product in a specific shelf category that also doubles as a claim, and the requirement that store products need to meet certain claims; competitive claims against food companies.

Laura Protzmann
Associate General Counsel Kind Snacks
Sharon Kohn
Senior Legal Editor, Commercial Transactions Practical Law Thomson Reuters
Hal Hodes
Senior Staff Attorney National Advertising Division, ASRC
5th Floor Chicago D

PROTECTING YOUR BRAND, AND CORPORATE REPUTATIONAL MANAGEMENT

Meredith Levins
Marketing & Commercial Counsel Airbnb
Carla Michelotti
President Carla Michelotti, LLC
5th Floor Chicago E

PROTECTING SOCIAL MEDIA AGAINST BOTS, FAKE PROFILES, & AUTOMATION PROGRAMS

Bots, fake profiles, automation programs- these issues are affecting social media every day. From fake followers and the Twitter purge to the bot programs running rampant on Instagram, companies are starting to address such rapid changes and ensure social media/digital strategies protect against such issues. A company’s brand image and ROI may be affected if the company does not take proactive steps to take a stance against the proliferation of bots, fake profiles, and automation programs.

Christina Kwok
Counsel Beiersdorf
5th Floor Chicago FGH
3:55pm CONFERENCE ADJOURNMENT

Please Note: Speakers, sessions, locations and dates are subject to change by the ANA without prior notice. FTC sessions are open to the public (reservations required).

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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 full refund will be granted, if written request for cancellation is received by email 60 or more calendar days before the conference start date.
  • A 50% refund will be granted, if written request for cancellation is received by email 45 or more calendar days before the conference start date.
  • No refund will be granted, if written request for cancellation is received by email 21 or less calendar days before the conference start date.
  • No refund will be granted for 'no shows.'
  • Corporate packages are not eligible for cancellation.
  • 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 promo code during the registration process.
  • A $125 processing fee will be assessed to change the name on a registration for any registrant who is not a client-side marketer member.
  • Hotel room cancellations and changes must be made directly with the hotel. 

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.