2019 ANA Advertising Law & Public Policy Conference

Working Together to Rebuild Trust

Trust throughout the entire advertising ecosystem is at an all-time low. Consumers don’t trust advertisers. Advertisers don’t trust their agencies. Government regulators don’t trust anyone. No one seems to trust the integrity of personal data amid seemingly endless breaches – and the headlines about Cambridge Analytica, GDPR, CCPA, and more only serve to further engender mistrust in the industry.  

The 2019 ANA Advertising Law & Public Policy Conference is taking on the challenge of providing in-house and outside counsel the tools they need help restore trust in an industry sorely in need of leadership at all levels, including within the legal community. Attendees will learn best practices, strategies, and tactics from the best legal minds in the business and top regulators at the federal and state levels. If you are in a decision-making role in your organization – or just want to be among those in the know on how to restore trust – this is a must-attend conference.

Continuing Legal Education (CLE) credit will be offered.

when

Start: Tuesday, March 19, 2019 at 7:30am

End: Wednesday, March 20, 2019 at 4:00pm

WHERE

The Ritz Carlton, Washington, DC
1150 22nd St NW
Washington, DC 20037

The ANA has negotiated a special room rate of $375/night. In order to use the ANA rate, you must be registered to attend the conference. A reservation link will be provided under the "Important Information" section of your conference registration confirmation email. The cut-off date is Sunday, February 24, 2019, after which prevailing rates apply.

Registration Pricing

Client-Side Tier Platinum Tier Gold Tier Silver Tier Individual Nonmember
Registration
Conference Registration $995 $995 $1,199 $1,465 $1,570 $1,570


Agenda

KEYNOTE ADDRESS

Sean Reyes
Attorney General
State of Utah
___________________________

KEYNOTE ADDRESS

Joseph Simons
Chairman
Federal Trade Commission
___________________________

DIVERSITY IN ADVERTISING: SHOULD PRACTITIONERS JOIN THE CONVERSATION?
Taking an in-depth look at several case studies in advertising, this panel will discuss the role of legal practitioners on matters of diversity and inclusion. From identifying cautionary flags to proactively developing escalation processes, this thought-provoking discussion aims to increase consciousness in the way practitioners support business leaders in a continually diversifying marketplace.

Eugenia Blackmon
Director, US Commercial Compliance, Project Moonwalker
Allergan, Inc.

Shantel Smart
Senior Corporate Counsel, Global Contracts
Subway

Deidre Richardson
Senior Director, Corporate Counsel
Chico's FAS
___________________________

MEASURING PROGRESS ON MEASUREMENT
Over the last several years, advertisers have had an increasing focus on the quality and transparency of digital measurement. This focus has been progressing through various aspects of measurement starting with moving to viewable digital ad impressions, reduction/elimination of invalid traffic and fraud, as well as the latest focus areas of brand safety and development of in-target audience metrics consistently across media types. This measurement agenda has also been directed to large digital enterprises, e.g., Facebook, Google, seeking equal quality and transparency.  Progress has been made in several areas. In this context, measurement-related topics, such as data access/ownership or protection of consumer information, has also captured the attention of legal practitioners at advertiser organizations. The Media Rating Council (MRC) has been leading actions in these measurement areas, helping the ANA and the industry by developing standards as well as auditing measurement vendors using extensive testing and validation processes. This session will provide a progress report on these measurement initiatives as well as highlight key measurement topics from a legal perspective.

Keri Bruce (moderator)
Partner
Reed Smith LLP

George Ivie
CEO and Executive Director
Media Rating Council (MRC)

Cassidy Sehgal
Vice President, Digital and Advertising Counsel
L'Oréal USA
___________________________

ADVERTISING IN THE WASHINGTON LABYRINTH
Divided government has returned to the nation's capital with a vengeance. This creates very high hurdles for major legislation. Will Congress be consumed by gridlock and the latest Trump tweet, or can they find a way to act on issues the advertising industry cares about? The importance of federal privacy and data security legislation has never been greater, as a number of states continue their regulatory push. With the Democrats now in control of the House, we also are likely to see activity on issues like prescription drug advertising, food advertising, and advertising to children. Several key commercial speech cases also remain percolating in the courts. ANA's Dan Jaffe will provide an update on these and other important advertising and marketing legislative, regulatory, and legal issues.

Dan Jaffe
Group Executive Vice President, Government Relations
ANA
___________________________

TRUST THE PROCESS? THE CHALLENGER’S PERSPECTIVE TO POLICING COMPETITORS’ ADVERTISING CLAIMS

The options for challenging competitors’ claims are well-known: Lanham Act litigation, complaints to Federal or State regulators, and NAD challenges. But with litigation costs limiting Lanham Act challenges to the most critical issues and government action infrequent on purely competitive matters, self-regulation is often the best bet. Yet in 2018, challengers at NAD have been increasingly frustrated by advertisers’ refusal to participate in the process or comply with decisions - and more cases are being appealed to NARB now than ever before. Why should challengers trust the process? The panel will discuss trends at NAD, the impact of recent changes to ASRC procedures and proposals for continued improvement, and the advertiser’s responsibility when it comes to building trust in industry self-regulation.

John E. Villafranco
Partner
Kelley Drye & Warren LLP

Luis-Xavier Hernandez
Global General Counsel - Marketing, R&D, and Professional Services
Unilever
___________________________

CLAIMS BUILT ON TRUST:  MADE IN THE USA, NATURAL, AND GREEN
There is a special role played by “credence claims” - the kind of advertising claims that require trust because it is not possible for consumers to verify these claims on their own.  This panel will discuss the state of regulatory enforcement and litigation with respect to these claims and consider best practices for advertisers to use these claims effectively without undermining trust or inviting legal risk.

David Mallen
Partner
Loeb & Loeb LLP

Kathryn Farrara
Assistant General Counsel, Marketing
Unilever
___________________________

SOCIAL MEDIA PLATFORMS & TRUST
According to at least one estimate, advertisers are expected to spend $40 billion more on online advertising this year than on television – and much of this is driven by advertising on social media. Like the television networks, social media platforms have their own standards which govern what types of advertising they will accept, which are rapidly evolving. Creating appropriate standards, and effectively enforcing them, also presents unique challenges for social media. This session will discuss these standards, how they are enforced, and how getting it right is critical to building trust with advertisers and consumers.

Jeffrey A. Greenbaum
Managing Partner
Frankfurt Kurnit Klein & Selz PC

Cisca Brouwer
Senior Associate General Counsel, Global Commerce
Snap Inc.
___________________________

THE NEW PARADIGM: THE NEED FOR STRONG FEDERAL PRIVACY LEGISLATION PROVIDING CLEAR AND CONSISTENT STANDARDS
Recent legislative and policy trends globally and in the States, as well as high profile data incidents involving consumer-facing companies, have created a shift in thinking regarding the regulation of consumer privacy. The traditional consumer privacy model in the United States, focused on sectoral laws that regulate specific uses of data and supplemented by self-regulatory codes, is under assault by activists and legislatures, leading to the enactment of highly regulatory approaches such as the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act of 2018 (CCPA). In response to these developments, industry must rethink the old model and present a New Paradigm for consumer privacy. This panel will discuss efforts to enact strong federal privacy legislation that preempts competing state laws, and will outline a new privacy paradigm that is well-suited for today’s consumers and the modern economy.  
 
Stuart P. Ingis
Partner and Chairman
Venable LLP

Additional presenter TBD
___________________________

SAG-AFTRA AND THE JPC – COMMERCIAL PRODUCTION FOR A NEW ERA
The $3 billion commercials contracts between SAG-AFTRA and the JPC expire March 31, 2019. As the industry and technology continue to evolve, the challenges of negotiating the decades old collective bargaining agreement are daunting. Hear an update from the JPC’s Chief Negotiator, Stacy Marcus, and SAG-AFTRA’s Chief Contracts Officer, Ray Rodriguez, on the status of the negotiations and how the union and industry are building a collaborative relationship to bring commercial production into a new era.

Stacy Marcus
Partner, Reed Smith LLP
Chief Negotiator, Joint Policy Committee on Broadcast Talent Union Relations

Ray Rodriguez
Chief Contracts Officer
SAG-AFTRA
___________________________

GLOBAL ADVERTISING IN A TURBULENT MARKETPLACE
With countries facing political upheaval, economic crises, and cultural revolutions, as well as tariffs, sanctions, health scares, terrorism, and more, understanding the letter of the law just isn’t enough. Members of the Global Advertising Lawyers Alliance (GALA) will provide key insights into regions and countries undergoing dramatic change and how to successfully advertise in a turbulent global marketplace.

Fiona Robertson (moderator)
Senior Associate
Al Tamimi & Co. (United Arab Emirates)

Ricardo Antequera
Managing Partner

Estudio Antequera Parilli & Rodríguez (Venezuela)

Brinsley Dresden
Partner    
Lewis Silkin LLP (United Kingdom)

Brenda Kahari
Founder
Lawyers for Africa (Zimbabwe)

Justina Zhang
Partner
TransAsia Lawyers (China)
___________________________

Additional confirmed speakers:

Bob Corn-Revere
Partner
Davis Wright Tremaine LLP
___________________________

More to come!


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.