2020 ANA/BAA Marketing Law Conference: A Virtual Experience

2020: Transformation in Focus

Hear from the nation's leading executive and legal speakers at the nation’s most important marketing, advertising and privacy law conference. Topics include marketing and advertising, privacy, social media and IP law. Hear from major brands and many prominent federal and state regulators plus self-regulating officials.

In 2019, there were 834 attendees; 55 brand legal speakers; 275 brands in attendance; 175 speakers and 65 sessions. Lots of networking opportunities. CLE Credits in 2019 included 21.0 credit hours for NY, including ethics module.  

2020 Keynote: Andrew Smith, Director, Bureau of Consumer Protection, FTC.

More deep dives into digital and social media issues, managing in a crisis and transformation of the marketplace due to COVID-19, real time marketing, data driven advertising and agreements, CCPA, VR/AR/AI, the Internet of Things, celebrities and sports talent, cross device tracking, the FTC and influencer marketing, alcohol and CBD issues, and advanced IP/false advertising/litigation issues.

#ANAlaw

Register individually or purchase a corporate package and register everyone from your company for one price!


The ANA/BAA Marketing Law Conference is powered by Grip – and the platform will be live soon!

What is Grip?

Grip is advanced AI-powered event matchmaking that empowers you with quality interactions. It uses natural language processing, advanced algorithms, and deep neural networks to constantly learn about your professional goals and interests. Grip takes the work out of networking through intelligent matchmaking – making it more fun and giving you a higher return on time.

How Attendees Utilize Grip

  • To make connections with significant people you would not have met otherwise
  • To expand your professional network
  • To create business opportunities with other event goers

What are the benefits?

The matchmaking platform allows you to network with other attendees and exhibitors, arrange meetings, and identify potential business contacts.

Learn more about Grip:

SPECIAL TECHNICAL NOTE:   Please check with your technology department in advance of attending this event.  Many organizations have restrictions that will prevent you from joining or viewing this event online.  The ANA Virtual Tech Spec Document contains the information necessary for your technology group to ensure you have a quality experience.

when

Start: Tuesday, November 10, 2020 at 11:00am

End: Thursday, November 12, 2020 at 4:00pm

WHERE

Virtual Event (Eastern Time)

Registration Pricing

Client-Side Tier Platinum Tier Gold Tier Silver Tier Individual Nonmember
Registration
Virtual Client-Side Tier $199 Platinum Tier $199 Gold Tier $249 Silver Tier $299 Individual $399 Nonmember $399


Agenda

2020 Law Co-Chairs

Colleen Hilton
Senior Corporate Counsel
Amazon Studios

W. David Hubbard
Vice President & Deputy General Counsel, Consumer Marketing & Products
Verizon Communications

Steve Kim
Associate General Counsel
Spotify

Margaret Esquenet
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Anna Naydonov
Partner
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

TIME EVENT DETAILS LOCATION
Tuesday, November 10, 2020
11:00am
- 11:10am
OPENING REMARKS

11:10am
- 11:55am
BREAKOUTS 1

BREAKOUT 1A: BASICS OF PROMOTIONS, SWEEPSTAKES, SKILL CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, and the key terms you will need to more fully understand the rest of the conference. This session will also deal with the latest rules and most recent updated platform specific requirements for simple and hybrid promotions/marketing.

Jason Mueller
Partner Sheppard Mullin Richter & Hampton LLP

BREAKOUT 1B: NUTS AND BOLTS OF BASIC ADVERTISING: SUBSTANTIATION, DISCLOSURES AND 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
11:55am
- 11:58am
BREAK

11:58am
- 12:38pm
BREAKOUTS 2

BREAKOUT 2A: ESPORTS AND OTHER MARKETING ISSUES

Tori Chami
Vice President and Senior Counsel American Express
Melanie Howard
Chair, Intellectual Property Protection Loeb & Loeb LLP

BREAKOUT 2B: PRICE AND SALES ADVERTISING: CASE STUDIES AND WORKSHOP

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
Mark Richardson
Director Counsel, Merchandising & Marketing Target
Lindsey Buckner
Counsel – Marketing, Digital & IT 7-Eleven
12:38pm
- 12:48pm
BREAK

12:48pm
- 1:33pm
BREAKOUTS 3

BREAKOUT 3A: REGULATED INDUSTRIES: ALCOHOL and CBD MARKETING ISSUES

Matthew Fitzpatrick
Director & Associate General Counsel The Procter & Gamble Company
Patrick J. Campbell
Associate Kramer, Levin, Naftalis & Frankel LLP

BREAKOUT 3B: LEGAL AND STRATEGIC CONSIDERATIONS FOR CAUSE MARKETING IN THE COVID-19 ERA ECONOMY

Every crisis sparks charitable responses and COVID-19 amplifies the issues. What methods and causes speak best to consumers and employees when businesses strive to stay relevant and connected? And what legal issues need to be considered? This session will address how to navigate these choppy waters, including the following:

  • Legal issues for forming a corporate foundation
  • Alternative structures to creating your own foundation
  • Creating and managing tax-exempt employee disaster relief programs
  • Tax and legal issues for corporate foundations participating in cause marketing
  • Disclosures, contracts, and registration issues for various programs, including:
    • Charitable sales promotions
    • Donation-at-checkout programs
    • Free-action programs

Edward Chansky
Shareholder Greenberg Traurig, LLP
Joe Khanna
Vice President, Senior Managing Counsel Mastercard
Laura Protzmann
Vice President, Deputy General Counsel KIND Snacks
Lauren Tang
Director and Associate General Counsel, Marketing Facebook, Inc.
1:33pm
- 1:36pm
BREAK

1:36pm
- 2:21pm
BREAKOUTS 4

BREAKOUT 4A: FTC ENDORSEMENT GUIDES/ BEST PRACTICES: NEW FTC GUIDES FOR NEGOTIATING AND MONITORING INFLUENCER AGREEMENTS

Jim Dudukovich
Of Counsel Barnes & Thornburg LLP
Craig Moore
Senior Counsel Wells Fargo & Co.
Leah Stupak
Senior Counsel Google

BREAKOUT 4B: TBA

Speaker TBA
2:21pm
- 2:24pm
BREAK

2:24pm
- 3:04pm
BREAKOUTS 5

BREAKOUT 5A: ADA ACCESSIBILITY

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.

Speaker TBA
eSSENTIAL Accessibility Inc.

BREAKOUT 5B: LEGAL ISSUES FOR AI, VR AND AR: BIOMETRICS, CHATBOTS AND BEST PRACTICES

Eric Baum
Senior Vice President, Business and Legal Affairs Sony Pictures Entertainment, Inc.
Kraig Baker
Partner Davis Wright Tremaine LLP
Jennifer Fryhling
Associate General Counsel Facebook, Inc.
3:04pm
- 3:07pm
BREAK

3:07pm
- 3:47pm
BREAKOUTS 6

BREAKOUT 6A: GAMING, GAMBLING AND FANTASY BETTING LABYRINTH

Barry Benjamin
Partner Kilpatrick Townsend & Stockton LLP

BREAKOUT 6B: REAL TIME MARKETING

Joseph Lewczak
Partner Davis & Gilbert LLP
W. David Hubbard
Vice President & Deputy General Counsel, Consumer Marketing & Products Verizon Communications
Kathryn Farrara
Associate General Counsel NA, Marketing, Data Protection Officer, U.S. Unilever
Steve Kim
Associate General Counsel Spotify
3:47pm
- 3:50pm
BREAK

3:50pm
- 4:30pm
BREAKOUTS 7

BREAKOUT 7A: ORIGINAL CONTENT IN FILMS AND OTHER DEALS

Colleen Hilton
Senior Corporate Counsel Amazon Studios
Suemyra Shah
Corporate Counsel Audible Inc. (Amazon)
Kesari Ruza
Senior Vice President, Legal Affairs HBO

BREAKOUT 7B: LOYALTY PROGRAMS

Loyalty programs have been around for decades, but their widespread popularity and the migration to digital marketing have meant increased complexity from a legal perspective. Join us as we discuss the laws that regulate loyalty programs, including consumer protection, sweepstakes, auctions, commercial coventurers, privacy, franchise, antitrust, and even civil rights, as well as recent litigation and enforcement involving these popular and effective promotional programs. Throughout the program, we’ll highlight the risks to watch out for in designing such programs and suggest practical ways to address the legal traps in creation and implementation.

Brian Friedman
Director, Commercial and Litigation Counsel Jetblue Airways
Melanie Holloway
Senior Counsel Altria Client Services LLC
Melissa Landau Steinman
Partner Venable LLP
Wednesday, November 11, 2020
11:00am
- 11:30am
OPENING REMARKS

Bob Liodice
Chief Executive Officer ANA
11:30am
- 12:20pm

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

Masters of the arts give 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
12:20pm
- 1:10pm

AD TECH: UNDER THE REGULATORY RADAR AND EVEN MORE CREATIVE

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
Elizabeth (Liz) Allen
Associate Loeb & Loeb LLP
Nerissa Coyle McGinn
Partner; Chief Diversity Partner; Co-Chair, Diversity Committee Loeb & Loeb LLP
Caroline Hudson
Associate Loeb & Loeb LLP
Brian Nixon
Partner Loeb & Loeb LLP
1:10pm
- 1:20pm
GRAB YOUR LUNCH BREAK

1:20pm
- 1:50pm

LUNCH KEYNOTE

Andrew Smith
Director, Bureau of Consumer Protection FTC
1:50pm
- 2:40pm

THE CONUNDRUM OF 2020 – A MARKETING AND ADVERTISING LAWYER’S TALE

In a year where office spaces transformed into home offices and work clothes were swapped out with gym clothes, the true aspects of "staying in place" challenged the imagination of what we can innovative, adapt to, or even -- unexpectedly -- change. During Ron’s annual presentation, uncover with him the latest legal developments, practice tips, key trends and unique insights in marketing, advertising, privacy/data and regulatory law. But the presentation has never been just about the law; instead, it’s about being entertained, understanding your role, helping you succeed, excitement, and how this year has wrapped all of these together in unique ways. Join us as Ron dives into the mystery that is 2020 to uncover all the stones that have been left unturned.

Ronald Urbach
Chairman & Co-Chair, Advertising, Marketing & Promotions Practice Davis & Gilbert LLP
2:40pm
- 3:30pm

DEALING WITH “FAKE NEWS” AS BRAND: USE OF PAID ACCOUNTS POSING AS INDEPENDENT EDITORIAL CONTENT, FAKE REVIEWS, AND OTHER TACTICS ACROSS MULTIPLE SOCIAL MEDIA PLATFORMS

Competitors and their ad agencies alike are becoming more and more sophisticated in the way they utilize social media. From creating or amplifying paid accounts that pose as independent editorial content (blogs, articles, etc.) and fake reviews to attacking competitors’ brand ambassadors or failing to disclose material connection to influencers, the session will cover new and developing tools of deception and misinformation a brand can face across different social media platforms.

Anna Naydonov
Partner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3:30pm
- 3:40pm
BREAK

3:40pm
- 4:30pm

EMERGING ISSUES IN ADVERTISING LITIGATION

Norman Simon
Partner Kramer, Levin, Naftalis & Frankel LLP
Eileen Patt
Partner Kramer, Levin, Naftalis & Frankel LLP
4:30pm
- 4:35pm
CLOSING REMARKS

Thursday, November 12, 2020
11:00am
- 11:30am
OPENING REMARKS

Dan Jaffe
Group Executive Vice President, Government Relations ANA
11:30am
- 12:15pm
BREAKOUTS 8

BREAKOUT 8A: CHILDREN’S ADVERTISING: WHATEVER HAPPENED TO Sec. 230

Allison Fitzpatrick
Partner Davis & Gilbert LLP
Dona Fraser
Director Children's Advertising Review Unit (CARU)
Kate O’Loughlin
Chief Operating Officer, North America SuperAwesome

BREAKOUT 8B: FOOD MARKETING: ALL THE ISSUES

Mary Ann Wymore
Officer Greensfelder, Hemker & Gale, P.C.
Brandi Van Leeuwen
Senior Counsel Meijer, Inc.
Gaëlle Saint-Jalmes
Counsel Osborne Clarke LLP
Kate Eguchi
Vice President & Associate General Counsel: Privacy, Technology & Marketing Whole Foods Market, Inc.
12:15pm
- 12:25pm
GRAB YOUR LUNCH BREAK

12:25pm
- 1:25pm
BREAKOUTS 9

BREAKOUT 9A: ETHICS

Jack Sahl
Professor University of Akron Law School

BREAKOUT 9B: HELP: A SINGLE INQUIRY FROM A STATE AG HAS BECOME A MULTISTATE AG INVESTIGATION – NEXT STEPS

This panel will explore all aspects of an AG investigation from point of inception, to its transformation to a multistate investigation, then ultimately  to its conclusion through settlement or litigation. Our panel will examine all of the challenges associated with a multi-jurisdictional investigation including the factors that lead to a single state investigation becoming a multistate investigation, what to expect from an expanded investigation and the differences with private litigation, and strategies related to containment and obtaining the most practical results in light of the circumstances.

Clayton Friedman
Partner Crowell & Moring LLP
Natalie Ludaway
Partner Crowell & Moring LLP
Paul Singer
Chief, Consumer Protection Division Office of the Texas AG
1:25pm
- 1:28pm
BREAK

1:28pm
- 2:18pm

REVIEW OF THE YEAR'S MOST IMPORTANT CASES WITH REGULATORS FROM THE FTC, NAD AND OTHERS

Nancy Felsten
Partner Davis Wright Tremaine LLP
Laura Brett
Vice President, National Advertising Division BBB National Programs, Inc.
Serena Viswanathan
Acting Deputy Director, Bureau of Consumer Protection FTC
Kim Berger
Chief, Internet and Technology Bureau Office of the New York State Attorney General
2:18pm
- 3:08pm

PRIVACY ISSUES FOR ADVERTISERS IN AN ERA OF COVID AND CCPA

As we continue to navigate through these unusual times, the “new normal” is raising a host of issues for advertisers and agencies alike. As companies shift activities to the virtual world, new issues arise, as well as an increase in “old” questions as well. During this timely and topical session, panelists will explore some of the top issues facing companies in the privacy space. Legal topics will include how to handle rights requests under CCPA, addressing COPPA in a world of Internet of Things, and more. We will also address how the privacy function in organizations can support their remote business teams, including adequately understanding data activities, methods for privacy training, operationalizing privacy-by-design, and more.

Moderator: Liisa M. Thomas
Partner and Lead, Privacy and Cybersecurity Team Sheppard Mullin Richter & Hampton LLP
Andra Dallas
Senior Production Clearance Counsel PocketWatch, Inc.
Kristin Greenhaw
Senior Counsel Inspire Brands, Inc.
Rebecca Hanovice
Senior Corporate Counsel Callaway Golf
3:08pm
- 3:58pm

PAST, PRESENT, AND FUTURE WALK INTO A BAR: WHAT DOES THE NEW WORLD ORDER LOOK LIKE IN A POST-COVID-19 WORLD, AND WHAT WILL WE BRING WITH US FROM THE PAST?

This year, COVID-19 has created new challenges for businesses in all areas of law. At the Federal Trade Commission (FTC), we've seen 300 warning letters addressing COVID-19 claims alone. Moreover, as the workplace and the marketplace moved nearly 100% online during the pandemic lockdown, marketplace consolidation in technology accelerated, and privacy issues were illuminated more clearly, while non-cash financial technologies and IP became more important. For this panel, we'll discuss how COVID-19 has changed these areas and others and how it will likely keep changing them. We'll get out our crystal ball and call on one of our best legislative lawyers to look at what's coming next in a post-COVID-19 world.

Speakers TBA
Venable LLP
3:58pm
- 4:03pm
CLOSING REMARKS


Cancellation Policy and Notes

No refunds will be granted for any cancellations or for 'no shows.' You may transfer your registration to a colleague at no additional cost. To do so, please email registration@ana.net