2019 ANA/BAA Marketing Law Conference

The broadest marketing, advertising, and privacy law conference in the country, is back to give you the best hands-on legal and practical marketing and advertising law guidance to stay abreast of the endless amount of changes.

Keynote speaker Noah Joshua Phillips, commissioner at the FTC, will be joined by more than 160 top legal minds to discuss new forms of content, new platforms, new markets, the challenges they present and how to overcome them.

Join the conversation on social media by using the hashtag #MarketingLaw.

Make your plans now to enjoy the abundant networking opportunities, the major CLE credits available and the savings from our early bird discount and register today.

For information on remaining sponsorship and speaking opportunities, please contact Ed Kabak via email at ekabak@ana.net or by phone at 646.708.8123.

  Receive the most discounted rate by purchasing a corporate package for multiple attendees!

ANA Client-Side Marketer and Platinum Tier members:

  • $5,040 for up to three members from the same company (attendees must register after corporate package is purchased)

Marketing Solutions Provider Gold Tier members:

  • $5,190 for up to three members from the same company (attendees must register after corporate package is purchased)

Please note that no refunds of any kind are available for corporate packages and we cannot split payments between credit cards. Please click the orange "Buy Corporate Packages" button below to take advantage of this special rate. Platinum Tier members may purchase a maximum of 2 corporate packages. Marketing Solutions Provider Gold Tier members may purchase a maximum of 1 corporate package.

when

Start: Monday, November 4, 2019 at 8:00am

End: Wednesday, November 6, 2019 at 12:00pm

WHERE

Marriott Marquis San Diego Marina
333 W Harbor Dr.
San Diego, CA 92101

Group blocks at The Marriott Marquis & The Omni San Diego are currently sold out. You may search several nearby properties for prevailing rates through ANA's reservation link. In order to use the ANA link, you must be registered to attend the conference. A link will be provided under the "Important Information" section of your conference registration confirmation email.

Registration Pricing

Client-Side Tier Platinum Tier Gold Tier Silver Tier Individual Nonmember
Registration
Conference Registration Client-Side Tier $2,200 Platinum Tier $2,200 Gold Tier $2,250 Silver Tier $2,350 Individual $2,620 Nonmember $2,620

ANA Client-Side Marketer and Platinum Tier members may take advantage of special corporate pricing of $5,040 & Marketing Solutions Provider Gold Tier members may take advantage of special corporate pricing of $5,190 to purchase a corporate package for up to three members from the same company. Please note that no refunds of any kind are available for corporate packages, and we cannot split payments between credit cards. Please click the orange "Buy Corporate Packages" button below to take advantage of this special rate. Platinum Tier members may purchase a maximum of 2 corporate packages. Marketing Solutions Provider Gold Tier members may purchase a maximum of 1 corporate package. Please visit our website at http://www.ana.net/members/associatelist to see if your company is a Marketing Solutions Provider member and here at http://www.ana.net/members/list to see if your company is an ANA member.

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

Attendee lists are not provided ahead of the conference. You will receive a hard copy when you check in on-site, and it will also be made available on the ANA Events app once the conference has begun.



Agenda

2019 Law Co-Chairs

Jason Howell
Partner
Perkins Coie LLP

Brian K. Friedman
Director, Commercial & Litigation Counsel
JetBlue Airways Corporation

Sara B. Perry
Senior Counsel, Marketing
Netflix Inc.

Denise Yee
Vice President, Brand Marketing Sponsorship Legal
Visa Inc.

TIME EVENT DETAILS LOCATION
Monday, November 4, 2019
8:00am REGISTRATION OPENS

Grand Ballroom Foyer
9:15am
- 10:15am
BREAKOUTS I

See Specific Session

BREAKOUT 1A: BASICS OF PROMOTION, SWEEPSTAKES, CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, and the key terms you will need to best understand the rest of the conference. This session will also deal with the latest rules and updated platform specific requirements for these types of promotions.

Jason Mueller
Partner Sheppard Mullin Richter & Hampton LLP
San Diego B

BREAKOUT 1B: 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
Marriott Grand Ballroom 1,2,5

BREAKOUT 1C: ETHICS FOR LAWYERS

Jack P. Sahl
Professor University of Akron Law School
San Diego C

BREAKOUT 1D: CELEBRITY/TALENT

Sandra Leib
General Counsel DDB Chicago Inc.
Chalcea Park
Senior Vice President, Entertainment Acquisition & Luxury The Marketing Arm
Marriott Grand Ballroom 3,4,6

BREAKOUT 1E: CALIFORNIA PROPOSITION 65: MADE IN USA & OTHER PACKAGING & LABELING CONUNDRUMS!

Brian Bloom
Partner Moritt Hock & Hamroff LLP
Speaker TBA
California A.G. Office
San Diego A
10:15am
- 10:40am
NETWORKING COFFEE BREAK

Grand Ballroom Foyer
10:40am
- 11:30am
BREAKOUTS II

See Specific Session

BREAKOUT 2A: GLOBAL PRIVACY: MANAGING TRACKING & OTHER CONSUMER PREFERENCES

Doron Goldstein
Partner Katten Muchin Rosenman LLP
Morgan Woodbury
Head of Global Alliances OneTrust
Marriott Grand Ballroom 1,2,5

BREAKOUT 2B: ONCE UPON A TIME IN HOLLYWOOD; MARKETING LAW ISSUES FOR ENTERTAINMENT COMPANIES

Anne DiGiovanni
Counsel, Marketing Hulu, LLC
Aaron Taylor
Partner Davis & Gilbert LLP
Daniel Nemet-Nejat
Senior Counsel Home Box Office
San Diego B

BREAKOUT 2C: HOW TO NEGOTIATE AGENCY/CLIENT AGREEMENTS IN TODAY’S SENSITIVE ENVIRONMENT

Robert Driscoll
Partner Davis Wright Tremaine LLP
Michael Schiffer
Associate Legal Director, Marketing Twitter
Sara B. Perry
Senior Counsel, Marketing Netflix Inc.
Marriott Grand Ballroom 3,4,6

BREAKOUT 2D: THE FUTURE OF LIVE ENTERTAINMENT/EXPERENTIAL MARKETING

Ushering live entertainment into a new era, panelists from leading entertainment companies offer their insights on how AI, VR and other technologies are shaping the future of immersive live entertainment and relevant legal considerations, with insights into Game of Thrones and other properties and campaigns.

Kesari Ruza
Vice President, Legal Affairs Home Box Office
Lasherelle Morgan
Senior Vice President, Associate General Counsel Madison Square Garden
Steve Kim
Associate General Counsel Spotify
San Diego A

BREAKOUT 2E: THE RISE IN ADA ACCESSIBILITY PROBLEMS

This session will cover how the Americans with Disabilities Act is impacting businesses that interact with customers online and how companies can mitigate risk by creating inclusive web, mobile and product experiences through digital accessibility testing.

Eric Feinberg
Chief Marketing Officer eSSENTIAL Accessibility Inc.
Eve Hill
Partner Brown Goldstein Levy, LLP
Jack Mazzara
Counsel, Advertising, Marketing and Promotion FCA U.S. LLC
San Diego C
11:40am
- 12:30pm
BREAKOUTS III

See Specific Session

BREAKOUT 3A: PRICE & SALES ADVERTISING

Advertisers and retailers continue to face challenges regarding sale and price advertising and claim substantiation, and, particularly in the context of multiple platforms, new technologies and shifting markets. This session will cover recent enforcements and actions in the areas of sale and price advertising, and best practices for compliance and risk mitigation. It will also address hot topics such as automatic subscription billing, drip pricing, dynamic pricing, and international pricing.

Jason Howell
Partner Perkins Coie LLP
Amanda Beane
Partner Perkins Coie LLP
Grace Kao
Senior Counsel Google
Susy Mendoza
Director, Legal – Privacy and Technology Lululemon Corporation
Marriott Grand Ballroom 1,2,5

BREAKOUT 3B: UNANTICIPATED TRADEMARK COPYRIGHT AND IP PROBLEMS IN ADVERTISING

This session will provide an overview of IP issues arising in advertising and marketing campaigns. The panel will discuss key considerations and steps that should be taken from before work on the project begins through the launch and fallout of the advertisement/marketing campaign. 

John McCormick
Associate Fish & Richardson P.C.
Jen Draffen
Senior Counsel Pinterest, Inc.
Brian Rideout
Counsel The New York Times Company
Charles Herschel
Vice President & Senior Counsel American Express Company
Marriott Grand Ballroom 3,4,6

BREAKOUT 3C: REGULATED INDUSTRIES: ALCOHOL

John Wilks
Partner DLA Piper LLP
Shauna Barnes
General Counsel Dogfish Head Companies/Kaleo Legal
Shelly Watson
Associate General Counsel, Marketing MillerCoors
Margaret Lu
Director and Senior Counsel, Consumer Marketing and Digital Diageo North America, Inc.
San Diego A

BREAKOUT 3D: A MARKETER'S GUIDE TO CALIFORNIA PRIVACY LAWS

Morgan Woodbury
Head of Global Alliances OneTrust
San Diego B

BREAKOUT 3E: SPORTS MARKETING: LEAGUE PLAYER & TEAM ISSUES, AMBUSH MARKETING & MORALS CLAUSES

Nilesh (“Neal”) Patel
Member Frost Brown Todd LLC
Djenaba Parker
General Counsel & Chief Talent Officer New York Red Bulls
San Diego C
12:30pm
- 1:55pm
LUNCHEON  

Jake Zim
Senior Vice President, Virtual Reality Sony Pictures Entertainment, Inc.
Eric Baum
Senior Vice President, Business & Legal Affairs Sony Pictures Entertainment, Inc.
Grand Ballroom 7-13
1:55pm
- 2:45pm
BREAKOUTS IV

See Specific Session

BREAKOUT 4A: RIGHT OF PUBLICITY

Christopher Chase
Partner Frankfurt Kurnit Klein & Selz PC
Jeff Hoeh
Senior Vice President, Legal Affairs NBCUniversal
Rhonda Powell
General Counsel and Corporate Secretary BuzzFeed Inc.
Tori Chami
Vice President and Senior Counsel American Express Company
San Diego B

BREAKOUT 4B: THIRD PARTY RIGHTS

Jason Gordon
Partner Reed Smith LLP
Moses Vejil
Assistant General Counsel The Hershey Company
Kate Ward
Director, Legal KFC Corporation
San Diego A

BREAKOUT 4C: PITFALLS AND PROBLEMS IN USER GENERATED CONTENT ACROSS MULTIPLE PLATFORMS

Anna B. Naydonov
Partner Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Nicolette Martz
Senior Corporate Counsel Yelp Inc.
Marriott Grand Ballroom 1,2,5

BREAKOUT 4D: HANDLING THE AGGRESSIVE MARKETER

Lauren Aronson
Counsel Crowell & Moring LLP
Katrina Fortney
Managing Corporate Counsel T-Mobile USA, Inc.
Amanda Vann Faulkner
Senior Counsel, Global Marketing The Coca-Cola Company
Thomas Ishmael
Associate Vice President, Senior Legal Counsel AT&T Inc.
San Diego C

BREAKOUT 4E: LICENSING AND DISTRIBUTION AGREEMENTS

Po Yi
Partner Manatt, Phelps & Phillips, LLP
Christopher Lucas
Director and Associate General Counsel American Eagle Outfitters
Adam L. Masser
Senior Vice President, Business and Legal Affairs Canvas Worldwide
Mona Thakkar
Assistant General Counsel, Sales & Marketing Volkswagen of America, Inc.
Marriott Grand Ballroom 3,4,6
2:55pm
- 3:45pm
BREAKOUTS V

See Specific Session

BREAKOUT 5A: AI, AR & VR

Kenneth Rubenstein
Director, Legal Google
Josh Yaker
Vice President & General Counsel HelloWorld, Inc.
Nick Johnson
Partner Osborne Clarke LLP
Marriott Grand Ballroom 1,2,5

BREAKOUT 5B: AD TECH

James D. Taylor
Chair, Advanced Media and Technology; Co-Chair, Diversity Committee Loeb & Loeb LLP
Brett Celedonia
Legal Director, Digital Advertising, Ad Tech & Marketing Netflix Inc.
Marriott Grand Ballroom 3,4,6

BREAKOUT 5C: HOT ISSUES IN CANADIAN MARKETING AND ADVERTISING AND PRIVACY

Jennifer McKenzie
Partner Bereskin & Parr LLP
Amanda Branch
Associate Bereskin & Parr LLP
Amy Dam
Associate Bereskin & Parr LLP
San Diego B

BREAKOUT 5D: CRISIS MANAGEMENT: #METOO/DATA & OTHER AREAS

Phyllis Marcus
Partner Hunton Andrews Kurth LLP
Nat Wood
Vice President Rational 360
Lisa Szalaji
Director, Business and Regulatory Law Retail Business Services
Wendy Fiel
Senior Counsel Sabra Dipping Company
San Diego C

BREAKOUT 5E: CROSS DEVICE LINKING AND THE IOT

Lou Mastria
Executive Director Digital Advertising Alliance
Alan Sutin
Shareholder Greenberg Traurig, LLP
Lyris Malajian
Lead Counsel Pandora Media LLC
Michael Signorelli
Partner Venable LLP
San Diego A
3:45pm
- 4:05pm
NETWORKING COFFEE BREAK

Grand Ballroom Foyer
4:05pm
- 4:55pm
BREAKOUTS VI

See Specific Session

BREAKOUT 6A: REAL TIME MARKETING: NEW & FORTHCOMING

Joseph Lewczak
Partner Davis & Gilbert LLP
W. David Hubbard
VP, DGC-Marketing, Intellectual Property, New Media Law & Policy Verizon Communications
Kathryn Farrara
Assistant General Counsel, Marketing Unilever
Cheryl Givner
Senior Vice President, Assistant General Counsel Mastercard
San Diego B

BREAKOUT 6B: THE MAZE OF THE GAMBLING, GAMING, SPORTS BETTING & FANTASY SPORTS INTERSECTIONS

Barry M. Benjamin
Partner Kilpatrick Townsend & Stockton LLP
San Diego C

BREAKOUT 6C: WHAT YOUR MARKETING EXECUTIVES NEED TO KNOW TO MINIMIZE ADVERTISING CHALLENGES

Jennifer Yang
Associate Proskauer Rose LLP
Jeffrey Warshafsky
Associate Proskauer Rose LLP
Marriott Grand Ballroom 1,2,5

BREAKOUT 6D: THE CCPA DILEMMA

Alan Friel
Partner BakerHostetler
Leigh Freund
President & Chief Executive Officer Network Advertising Initiative
Marriott Grand Ballroom 3,4,6

BREAKOUT 6E: TECHNOLOGY IN MARKETING: AVOIDING THE PITFALLS OF BIOMETRICS AND RELATED TECHNOLOGIES

Leading privacy and technology professionals discuss the rapidly changing technology landscape, including essential compliance considerations when using biometrics (facial scans, videos, fingerprints, voice recognition), AI, VR and AR, and integrated “smart” devices. The panel will dive deep into the technologies that are here today and likely coming tomorrow, and the legal issues that need to be considered when integrating these into your marketing campaigns.

Justine Gottshall
Partner InfoLawGroup LLP
James Farris
Marketing Counsel Facebook
Blane Sims
Chief Product Officer MiQ
San Diego A
5:05pm
- 5:55pm
BREAKOUTS VII

See Specific Session

BREAKOUT 7A: THE NEW 2019 SAG-AFTRA COMMERCIALS CONTRACTS AND WHAT IT MEANS FOR THE INDUSTRY

In what are being called landmark negotiations, this year several significant changes were made to the SAG-AFTRA Commercials Contracts, including a new bundled compensation structure. What do these changes mean for you and your company? How can you take advantage of the increased flexibility and simplicity? In this session, Stacy Marcus, chief negotiator for the Joint Policy Committee will discuss key changes in the 2019 SAG-AFTRA Commercials Contracts.

Stacy K. Marcus
Partner Reed Smith LLP
San Diego C

BREAKOUT 7B: INFLUENCER AGREEMENTS & ENFORCEMENT & THE AGENCY’S SOCIAL DATA & ACTIVATION TECHNOLOGY

Caroline Selfridge
Chief Marketing Counsel Intel Corporation
Matthew Moore
Chief Legal Officer, Executive Vice President of Business & Legal Affairs The Influential Network, Inc.
Theresa Harris
Director Counsel The Target Corporation
Jane Pollack
Chief Marketing & Advertising Counsel Uber Technologies, Inc.
Jim Dudukovich
Of Counsel Barnes & Thornburg LLP
Marriott Grand Ballroom 1,2,5

BREAKOUT 7C: “NATURAL” ADVERTISING CLAIMS: LESSONS FROM DEVELOPMENTS IN CONSUMER CLASS ACTIONS

“Natural” advertising claims continue to be a target for the plaintiffs’ bar in consumer class actions challenging all types of goods. This breakout session will present an update on “natural” claim litigation in consumer class actions, with a focus on the ways in which courts and the plaintiffs’ bar treat “natural” claims on personal care products and food and beverages differently.

Eileen Patt
Partner Kramer Levin Naftalis & Frankel LLP
Megan Frient
Senior Counsel, Global Litigation and Dispute Resolution The Procter & Gamble Company
Harry Morgenthau
Associate Kramer Levin Naftalis & Frankel LLP
Lauren Lacey
Chief Counsel, U.S. Commercial and M&A The Hershey Company
San Diego B

BREAKOUT 7D: DATA COLLECTION, USE & MARKETING: TARGETING/RETARGETING & BEHAVORIAL CONTROL

Meredith Halama
Partner Perkins Coie LLP
Noga Rosenthal
Chief Privacy Officer and General Counsel Ampersand
Marriott Grand Ballroom 3,4,6

BREAKOUT 7E: CAUSE MARKETING

Learn the rules governing charitable sales promotions, donation-at-checkout, voting programs to allocate donations, text-to-give, social-media programs, and more. Practical compliance tips are included, along with information about the latest developments for use of online fundraising platforms like GoFundMe.com by companies and foundations.

Edward Chansky
Shareholder Greenberg Traurig, LLP
Kim Wilford
General Counsel GoFundMe
Tracie Chesterman
Vice President, Marketing, Privacy and Commercial Counsel Ralph Lauren Corporation
Joe Khanna
Vice President, Senior Managing Counsel Mastercard
San Diego A
6:05pm
- 6:55pm
BREAKOUTS VIII

See Specific Session

BREAKOUT 8A: ORIGINAL CONTENT IS KING

Consumers now more than ever have access to myriad content choices available from a diverse group of content providers. Learn about key issues in original content development and production from panelists across the industry.

Benjamin Mulcahy
Partner & Co-Chair National Advertising Team DLA Piper LLP
Suemyra Shah
Corporate Counsel, Original Content Audible, Inc. (Amazon)
Katherine Nordberg
Senior Vice President, Ad Sales Business and Legal Affairs Fox Corporation
Colleen Hilton
Senior Corporate Counsel Amazon Studios
San Diego B

BREAKOUT 8B: CROSS BORDER AND GLOBAL MARKETING CONCERNS

Balancing Risk and Innovation: From cannabis to tech to AI, industry innovation keeps driving legal risk. Hear how internal and external legal counsel tackle the emerging issues impacting cross-border and global business, and what you should look out for in 2020.

Kelly Harris
Partner Miller Thomson LLP
Qoratia Parmanand
Legal Counsel Shopify Inc.
Lydia Cheuk
Deputy General Counsel Away
Fiona Wilson
Brands and Marketing Lead Counsel, EMEA and APAC Facebook
San Diego C

BREAKOUT 8C: PRIVACY FOR AMERICA: A BOLD NEW PARADIGM FOR A NATIONAL LAW

This session will discuss the changing expectations of consumers, businesses, and policymakers around data collection and use. Current legislation poses different risks for consumers, businesses, and the economy. We will discuss the U.S. regulatory environment for data privacy and Privacy for America’s bold new paradigm for a national law, which would make personal data less vulnerable to breach or misuse and set forth clear, enforceable, and nationwide consumer privacy protections for the first time.

Michael Signorelli
Partner Venable LLP
Dan Jaffe
Group Executive Vice President, Government Relations ANA
Marriott Grand Ballroom 1,2,5

BREAKOUT 8D: FOOD MARKETING CLAIMS

Mary Ann Wymore
Officer Greensfelder, Hemker & Gale, P.C.
Brandi Van Leeuwen
Senior Counsel Meijer, Inc
Brian Fergemann
Senior Counsel, Marketing & Intellectual Property McDonald’s Corporation
Kate Eguchi
Associate General Counsel Whole Foods Market
Kirsten M. Ahmad
Officer Greensfelder, Hemker & Gale, P.C.
Marriott Grand Ballroom 3,4,6

BREAKOUT 8E: ANTITRUST ISSUES IN DIGITAL ADVERTISING

As advertisers rely on larger and larger data sets to effectively target their ads, digital advertising is disrupting and transforming the business of marketing. This transformation has sparked a lively public debate and drawn the attention of federal antitrust enforcers as the breadth and popularity of some online platforms has grown, redrawing the competitive lines between the varied online and traditional offline channels for advertising.

This panel of antitrust and advertising experts will explore these issues and provide guidance for both advertisers and their online partners. Topics will include:

  • What role does data play in the online marketplace, especially what has been described as “big data,” in shaping the dynamics of today’s competition for digital advertising?
  • What is the likely impact of “big data” on the future development of the digital advertising marketplace? How important will issues such as data access, platform interoperability, and data portability play as the market matures?
  • What are the possible business practices and areas of interest that may attract the attention of federal antitrust enforcers as they learn more about the industry?
  • Are there concerns about industry concentration and consolidation?
  • Are there specific practices of competitive significance that are common to many, or perhaps unique to some?
  • How might rising societal concerns about information privacy and data security affect both the competitive landscape, as well as the prospects for industry regulation that could have competitive consequences?
  • What are the relevant guardrails for retailers, and particularly with respect to pricing policies aimed at maintaining prices throughout the distribution chain?

This panel will also address the state of the law in the areas of resale price maintenance (RPM) and minimum advertised price guidelines (MAP):

  • SCOTUS Leegin decision as a potential game changer and red flags for retailers
  • States’ reaction to Leegin and implications for risk analysis
  • Implication of state laws that impose per se antitrust liability for vertical price fixing on MAP guidelines, plus relevant considerations for retailers

Ryan Tisch
Partner Crowell & Moring LLP
John Feldman
Partner Reed Smith LLP
San Diego A
7:00pm
- 8:00pm
RECEPTION

Pacific Ballroom
Tuesday, November 5, 2019
6:45am REGISTRATION OPENS

Grand Ballroom Foyer
7:00am
- 8:15am
BREAKFAST  

BREAKFAST ROUNDTABLES WITH THE EXPERTS

1: CBD IN THE U.S.: FEDERAL & STATE PROBLEMS
Facilitator: Randal ShaheenPartner, BakerHostetler & John P. FerryAssociate, BakerHostetler

2: PRACTICAL ANSWERS FOR YOUR QUESTIONS ON SWEEPSTAKES
Facilitator: Larry BerneyGeneral Counsel, Don Jagoda Associates, Inc. 

3CONNECTED TOYS & OTHER CARU ISSUES
Facilitators: Dona FraserDirector, Children’s Advertising Review Unit (CARU) & Kate O’LoughlinChief Operating Officer, North America, SuperAwesome

4: GETTING NONTRADITIONAL WITH TRADEMARKS: WHAT THEY ARE AND HOW TO ADVERTISE THEM
Facilitator: Nancy LyAssociate, Fish & Richardson P.C.

5: CYBERSECURITY: MITIGATING THE INEVITABLE BREACH
Facilitator: Terese ArenthPartner, Moritt Hock & Hamroff LLP

6: KNOWING IS HALF THE BATTLE: AN UPDATE ON SOCIAL MEDIA
Facilitator: Hannah TaylorPartner, Frankfurt Kurnit Klein & Selz PC

7: SUMMARY OF STATE PRIVACY LAWS
Facilitators: Michelle TydeCounsel, Kilpatrick Townsend & Stockton LLP & Farah CookCounsel, Kilpatrick Townsend & Stockton LLP

8: OLYMPIC AND PARALYMPIC ATHLETES AND INTELLECTUAL PROPERTY; RULE 40, RULE 50 AND WATCH-OUTS FOR TOKYO 2020 AND BEYOND
Facilitator: Jessica BorowickAssociate, Manatt, Phelps & Phillip, LLP

9: THE LATEST ON NEGATIVE OPTION MARKETING: SUBSCRIPTION BILLING, AUTOMATIC RENEWAL AND FREE TRIAL PROGRAMS
Facilitator: Paavana KumarAssociate, Davis & Gilbert LLP

10: 3 WAYS TO PROTECT YOURSELF AGAINST MULTI-MILLION DOLLAR COMPLIANCE FINES 
Facilitators: Stephen RobinsonGeneral Counsel, Extreme Reach; Tim HaleChief Talent Officer, Extreme Reach, Dianne Richter, Vice President, Account Management and Talent, Extreme Reach & Gregory HessingerPartner, Mitchell Silberg & Knupp LLP

11: BEST PRACTICES FOR ONLINE CONSUMER PERCEPTION SURVEYS
Facilitator: Jacqueline ChornSenior Manager and Survey Expert, Applied Marketing Science, Inc.

12: THE FUTURE OF TEXT MARKETING 
Facilitator: Katherine NyePartner, Neal, Gerber & Eisenberg LLP

13: MADE IN USA “CLAIMS”
Facilitator: Katherine TownleyAssociate, Kelley Drye & Warren LLP

 

Grand Ballroom 1-6
8:15am
- 10:40am
GENERAL SESSION

Grand Ballroom 7-13
8:15am
- 8:25am

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak
Senior Vice President, Law ANA
Grand Ballroom 7-13
8:25am
- 8:50am

OPENING REMARKS

Bob Liodice
CEO ANA
Grand Ballroom 7-13
8:50am
- 9:45am

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

A master of the arts gives industry highlights of the year, and shares strategies/tactics and an insider’s look at how to deal with the key issues of the day.

Linda A. Goldstein
Co-Leader, Advertising, Marketing & Digital Media Practice BakerHostetler
Amy Mudge
Co-Leader, Advertising, Marketing & Digital Media Practice BakerHostetler
Grand Ballroom 7-13
9:45am
- 10:40am

TECHNOLOGY IN MARKETING AND ADVERTISING: THIS YEAR, IT’S PERSONAL

The increasing intersection of advertising, marketing and technology continues to fuel new ways for companies to engage with consumers. Many consumers say they increasingly expect personalized interactions and content ­— but how do companies do that against the backdrop of game-changing new privacy laws that significantly expand what’s considered personal data? And how do legal practitioners stay on top of the latest technologies that marketers want to use to drive business results? This session will share real-world examples of key industry trends, challenges, opportunities and things to come. 

Kenneth Florin
Chairman Loeb & Loeb LLP
Brian Heidelberger
Chair, Advertising, Marketing and Promotions Loeb & Loeb LLP
Melanie Howard
Chair, Intellectual Property Protection Loeb & Loeb LLP
Jessica Lee
Co-Chair, Privacy, Security & Data Innovations Loeb & Loeb LLP
Robert Newman
Co-Chair, Privacy, Security & Data Innovations Loeb & Loeb LLP
Luis Xavier Hernandez
Associate General Counsel, Data Protection Officer Unilever United States, Inc.
Grand Ballroom 7-13
10:40am
- 11:00am
NETWORKING COFFEE BREAK  

Grand Ballroom Foyer
11:00am
- 1:00pm
GENERAL SESSION CONTINUED

Grand Ballroom 7-13
11:00am
- 11:55am

THE UPSIDE-DOWN WORLD OF ADVERTISING & MARKETING LAW – WHERE THE PAST & FUTURE DISRUPT THE NOW

Stay tuned for the latest perspective from a master of the law on what’s going on in the advertising and marketing ecosphere. From advertising law, social and digital media, privacy and data, regulatory actions, and more. Learn about the latest developments, key issues and hot topics. You’ll leave this session with unique insights and real practical tips, plus be entertained and have fun.

Ronald Urbach
Chairman & Co-Chair, Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
Grand Ballroom 7-13
11:55am
- 12:50pm

EMERGING TRENDS IN ADVERTISING LITIGATION

This session will address significant decisions over the past year 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 C. Simon
Partner Kramer Levin Naftalis & Frankel LLP
Eileen Patt
Partner Kramer Levin Naftalis & Frankel LLP
Grand Ballroom 7-13
1:00pm
- 2:20pm
LUNCHEON  

SPEAKER

Noah Joshua Phillips
Commissioner FTC
Grand Ballroom 1-6
2:20pm
- 4:10pm
GENERAL SESSION CONTINUED

Grand Ballroom 7-13
2:20pm
- 3:15pm

SELLING DIRECTLY TO CONSUMERS: NAVIGATING THE COMPLEXITIES OF ACCEPTING PAYMENTS

As consumers now buy everything from shoes to groceries online, it is no surprise that future retail growth will come from more brands engaging in mobile and electronic commerce. This session will provide the tools to construct a legal framework around billing and payments in direct-to-consumer sales. Panelists will break down all the complexities of taking payments – often unchartered territory for many legal departments. We will cover contracting for merchant processing accounts, complying with the rules of major card brands, subscription billing, chargeback risk, data security obligations, privacy concerns, tax considerations, surcharging, third party vendor relationships, and major pitfalls to avoid.

Ellen Berge
Partner Venable LLP
Leonard Gordon
Partner Venable LLP
Evan Minsberg
Associate Venable LLP
Craig Moore
Senior Counsel Wells Fargo & Company
Grand Ballroom 7-13
3:15pm
- 4:10pm

ADVERTISING REVIEW OF THE YEAR’S BIGGEST CASES WITH THE REGULATORS

Marc Roth
Partner Davis Wright Tremaine LLP
Brad Schuelke
Senior Assistant Attorney General, Consumer Protection Division Texas AG
Daniel Kaufman
Deputy Director, Bureau of Consumer Protection FTC
Laura Brett
Vice President, National Advertising Division BBB National Programs, Inc.
Grand Ballroom 7-13
4:10pm
- 4:25pm
NETWORKING COFFEE BREAK  

Grand Ballroom Foyer
4:25pm
- 5:15pm
BREAKOUTS IX

See Specific Session

BREAKOUT 9A: LOYALTY PROGRAMS

Melissa Landau Steinman
Partner Venable LLP
Brian K. Friedman
Director, Commercial & Litigation Counsel JetBlue Airways Corporation
Celeste Berry
Senior Legal Counsel Ubisoft
Aaron Reuter
Senior Counsel Hilton
Marriott Grand Ballroom 1,2,5

BREAKOUT 9B: STATE AND LOCAL AG ENFORCEMENT

Holly Melton
Partner Crowell & Moring LLP
Marc Montgomery
Assistant Attorney General, Bureau of Internet and Technology (BIT) New York State Office of the Attorney General
Brad Schuelke
Senior Assistant Attorney General, Consumer Protection Division Texas AG
San Diego A

BREAKOUT 9C: GLOBAL MARKETING WITH INFLUENCERS

What you need to know when you advertise outside the U.S. through influencers or directly. Hear from international experts about how influencers are being perceived and regulated differently around the world, and learn about common pitfalls to avoid when a U.S.-based company expands its advertising to run outside the U.S. 

Rebecca Pennington
Senior Counsel Snap Inc.
Conor Griffin
Partner Duncan Grehan & Partners
Daniël Haije
Partner Hoogenraad & Haak
Søren Pietzcker
Partner Heuking Kühn Lüer Wojtek
Fiona Robertson
Senior Counsel, Head of Media Al Tamimi & Company
Juan Carlos Uribe
Partner Triana, Uribe & Michelsen
San Diego B

BREAKOUT 9D: AMBUSH MARKETING, THE OLYMPICS AND MAJOR SPORTS SPONSORSHIP DEALS

Margaret Esquenet
Partner Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Thomas Adams
Associate Director and Associate General Counsel The Procter & Gamble Company
Denise Yee
Vice President, Brand Marketing Sponsorships Legal Visa Inc.
Jeffrey E. Smith
Senior Vice President and Deputy General Counsel Comcast Cable
San Diego C

BREAKOUT 9E: ENDORSEMENT GUIDES & FTC CONTINUED ENFORCEMENT: A FIRESIDE CHAT WITH THE FTC

Laura Kim
Partner, Co-Chair of Advertising & Consumer Protection Practice Covington & Burling LLP
Mary Engle
Associate Director, Division of Advertising Practices FTC
Marriott Grand Ballroom 3,4,6
5:25pm
- 6:15pm
BREAKOUTS X

See Specific Session

BREAKOUT 10A: HOT TOPICS IN CHILDREN’S ADVERTISING AND PRIVACY

From connected toys to child influencers, from social media to streaming services and AR/VR technology, this session will conduct a deep-dive into the hottest topics in children’s advertising and privacy. The panel will provide best practices and practical tips for ensuring that your child-directed apps, products, and marketing campaigns are in compliance with CARU, COPPA, and other laws.

Allison Fitzpatrick
Partner Davis & Gilbert LLP
Dona Fraser
Director Children’s Advertising Review Unit (CARU)
Mary Ann Fong
Senior Director, Data Privacy, GTO/Information Security Mattel, Inc
Pamela Lina
Senior Counsel Turner Broadcasting System, Inc.
Marriott Grand Ballroom 1,2,5

BREAKOUT 10B: CROSS-BORDER: HOW TO LITIGATE AND ADVERTISE IN A GLOBAL DATA WORLD

This breakout session will address the shifting landscape of litigating advertising matters in the U.S. that involve the importation, review, and production of international data, with a focus on EU, Swiss, U.K., and South American privacy laws. We will also discuss how compliance with court orders is complicated when advertising crosses borders, and how to address issues that arise when advertising targeting specific jurisdictions leaks into others for which it may not comply with advertising laws.  

Samantha V. Ettari
Special Counsel, E-Discovery Counsel Kramer Levin Naftalis & Frankel LLP
Véronique Huysmans
General Counsel Swiss Precision Diagnostics Sarl
San Diego A

BREAKOUT 10C: AUTOMATING COMPLIANCE PROGRAMS

Patricia Doyle
Senior Advertising and Marketing Compliance Manager Microsoft Corporation
Emily Peck
Promotions Paralegal Microsoft Corporation
TiAnna Tobin
Senior Attorney Microsoft Corporation
San Diego B

BREAKOUT 10D: DATA BREACH

Emerging privacy law requires companies to enact reasonable security practices and procedures or face significant statutory penalties after a data breach. As marketing departments leverage numerous outside vendors to execute advertising campaigns, when your organization provides personal information and that vendor is compromised, your organization is responsible to the affected individual. This session will examine the advertising vendor ecosystem in light of these obligations. Attendees will come away understanding the proactive contractual clauses that should be in place to prepare for data breaches, strategies to perform diligence on vendors, and practical advice on conducting incident response should a vendor become compromised.

Cody Wamsley
CISSP, Cybersecurity and Privacy Attorney Dorsey & Whitney LLP
Marriott Grand Ballroom 3,4,6

BREAKOUT 10E: HEALTH SAFETY CLAIMS & RISKS IN PHARMACIES, BEAUTY PRODUCTS & AUTOMOBILE LAW ISSUES

Betsy Golden Kellem
Counsel CVS Health/Aetna
Todd Hartley
Senior Counsel, Marketing and Advertising Bridgestone Americas, Inc.
David Mallen
Partner Loeb & Loeb LLP
San Diego C
6:30pm
- 7:30pm
RECEPTION  

Pacific Ballroom
Wednesday, November 6, 2019
7:00am REGISTRATION OPENS

Grand Ballroom Foyer
7:15am
- 8:15am
BREAKFAST  

Grand Ballroom 1-6
8:15am
- 9:50am
GENERAL SESSION

Grand Ballroom 7-13
8:15am
- 8:25am

INTRODUCTION

Ed Kabak
Senior Vice President, Law ANA
Grand Ballroom 7-13
8:25am
- 8:55am

LEGISLATIVE YEAR IN REVIEW

Dan Jaffe
Group Executive Vice President, Government Relations ANA
Grand Ballroom 7-13
8:55am
- 9:50am

THE ADVERTISING LAWYER AND THE TERRIBLE, HORRIBLE, NO GOOD, VERY BAD DAY

Everybody’s had that day. A series of posts that your high-profile influencer published over the weekend — and that have already been viewed 2,000,000 times  don’t include any disclosures. You received a claim that the music included in your big holiday spot is infringing (the same music that got a clean bill of health from your musicologist). The CMO is apoplectic about the lackluster result from a media campaign and needs to know her options by noon today. And, you just heard that an important vendor had a data breach potentially impacting millions of customers.  Brian and Jeff are back to talk about another ten contract clauses every marketing lawyer can’t do without. The provisions that can turn a day, like the one described above, from an unmitigated disaster into a mitigated disaster. 

Jeffrey A. Greenbaum
Managing Partner Frankfurt Kurnit Klein & Selz PC
Brian Murphy
Partner Frankfurt Kurnit Klein & Selz PC
Grand Ballroom 7-13
9:50am
- 10:10am
NETWORKING COFFEE BREAK  

Grand Ballroom Foyer
10:10am
- 12:00pm
GENERAL SESSION CONTINUED

Grand Ballroom Foyer
10:10am
- 11:05am

A VIEW FROM THE BENCH: FEDERAL JUDGES DISCUSS THEIR VIEWS OF ADVERTISING LITIGATION AND LITIGANTS

Lawrence I. Weinstein
Partner Proskauer Rose LLP
Alexander Kaplan
Partner Proskauer Rose LLP
Hon. Faith Hochberg, U.S.D.J.(ret.)
Principal Hochberg ADR LLC
Hon. Beth Labson Freeman
U.S. District Judge Northern District, CA
Grand Ballroom 7-13
11:05am
- 12:00pm

INFLUENCER MARKETING BEST PRACTICES: A PANEL OF EXPERTS

Hear different perspectives on compliance and influencer best practices. Panelists include blogger/influencers, leaders in the digital space, and of course the FTC perspective on required disclosures of material connections.

Jason Mueller
Partner Sheppard Mullin Richter & Hampton LLP
Alex LoCasto Mack
Talent Manager Estate Five Media, LLC
John Andrews
Chief Executive Officer Photofy, Inc.
Levi Nitzberg
Director of Global Business Development Tinder
Grand Ballroom 7-13
12:00pm CONFERENCE ADJOURNMENT


Cancellation Policy and Notes

Individual 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 between 59-45 calendar days before the conference start date.
  • No refund will be granted if written request for cancellation is received by email 44 or less calendar days before the conference start date.
  • No refund will be granted for 'no shows.'
  • Corporate packages are not eligible for cancellation or refunds.
  • 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.
  • 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.