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Conference Agenda

All sessions listed below are in Pacific Time (PT).

TIME EVENT DETAILS LOCATION
Monday, November 15, 2021
6:30am
- 6:00pm
REGISTRATION OPEN

Sapphire Foyer (IN-PERSON ONLY)
8:15am
- 9:15am
CONTINENTAL BREAKFAST

Sapphire Terrace (IN-PERSON ONLY)
9:15am
- 10:00am
BREAKOUTS I

BREAKOUT 1A: BASICS OF ADVERTISING: A 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
Please note this breakout will be streamed & available to virtual viewers.
View Event Recap, Video, and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 1B: 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.

Robert Hough
Lead Associate, Advertising Team Sheppard Mullin Richter & Hampton LLP
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 1D: SOMEHOW, IT NEVER GETS ANY EASIER: INTERNATIONAL DEVELOPMENTS AND OPERATIONAL ISSUES IN PRIVACY AND PERSONAL DATA TRANSFERS FOR U.S. ADVERTISER

The last year has brought some significant international privacy developments that can impact U.S. advertisers. We will look at new U.K. and EU member state guidance and enforcement on cookies and tracking, the impact of the new EU Standard Contractual Clauses (and U.K. International Data Transfer Agreement) and supplemental measures requirements, China's Personal Information Protection Law, and other current and upcoming laws and developments.

Doron Goldstein
Partner Withersworldwide
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 1E: WORKING WITH INFLUENCERS AND CELEBRITY TALENT: CONTENT PRODUCTION A NEW ERA

Influencer marketing continues its explosive growth and is expected to be valued at $13.8 billion in 2021 – up from $9.7 billion in 2020. By 2022 it is expected that over 70 percent of U.S. advertisers will use influencer marketing. This growth seems like it will only continue given the shifts in the social media landscape that accelerated during the pandemic, including live streaming, virtual events, shoppable posts and videos and affiliate marketing. This panel will talk about some of the legal landmines and key contract considerations when working with influencers and celebrity talent.

Theresa Harris
Senior Counsel Target Corporation
Suemyra Shah
Corporate Counsel Audible Inc.
Moderator: Keri Bruce
Partner Reed Smith LLP
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
10:00am
- 10:20am
NETWORKING COFFEE BREAK

Sapphire Foyer (IN-PERSON ONLY)
10:20am
- 11:05am
BREAKOUTS II

BREAKOUT 2A: LIVE ENTERTAINMENT AND EXPERIENTIAL MARKETING

Panelists from leading companies offer their insights on how they were able to navigate around COVID-19 challenges surrounding experiential marketing activations and campaigns. They will also discuss how the use of Metaverse, VR, and other technologies are shaping the future of immersive live entertainment and how the use of these technologies has accelerated due to the demands of the past year.

Moderator: Lasherelle Morgan
Senior Corporate Counsel Amazon Studios
Susan Rosenfeld
Senior Counsel, Global Integrated Marketing and Communications Mastercard
Alexa Nickow
Senior Corporate Counsel Vivid Seats
Kesari Ruza
Senior Vice President, Legal Affairs WarnerMedia Legal Group
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 2B: CONSUMER REVIEWS - HOTLY CONTESTED AND HEAVILY LITIGATED

Consumer reviews are hot, both as a marketing tool and also as an item on regulatory and litigation agendas.  This panel will look at emerging issues with regard to the use of consumer reviews, including the responsibilities of third-party review sites, key FTC concerns around advertiser’s use of reviews, including review moderation and typicality and the FTC’s recent notice of penalty letters.

Moderator: Randal Shaheen
Partner Baker Hostetler
James Daire
Senior Corporate Counsel Yelp Inc.
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 2C:TURBULENT TIMES FOR ENTERTAINMENT COMPANIES: LIVE STREAMING, TALENT RESTRICTIONS CO-PROMOTIONS AND CONTENT SECURITY ISSUES

The COVID-19 pandemic has had a unprecedented impact on the entertainment industry, with arguably little forewarning to pivot. This panel will discuss the various ways in which the pandemic has disrupted and changed the movie industry, exploring, among other things, the effects on production, distribution, and marketing, as well as the creative business solutions that developed during these remarkable times.

Moderator: Idara Udofia
Partner Reed Smith LLP
Sara Perry
Senior Counsel, Marketing Netflix Inc.
Colleen Hilton
Senior Corporate Counsel Amazon Studios
Eric Baum
Senior Vice President, Business and Legal Affairs Sony Pictures Entertainment, Inc.
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 2D: GLOBAL PRIVACY -STATE FEDERAL AND INTERNATIONAL REGULATION

This session covers some of 2021’s most significant privacy developments and what it means for companies’ compliance efforts, including: the California Attorney General’s endorsement of the Global Privacy Control, important FTC announcements and enforcement actions, and  private sector changes such as Apple’s iOS consent changes. We will also touch on developments in the EU, UK, and more broadly across the globe.

Nicolette Martz
Senior Corporate Counsel Yelp Inc.
Elliott Siebers
Associate, Privacy & Data Security Group Frankfurt Kurnit Klein & Selz PC
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 2E: DIGITAL ACCESSIBILITY - OPPORTUNITIES & CHALLENGES

Navigating digital accessibility from regulatory, DEI, ESG, and competitive perspectives. Digital accessibility is receiving increased focus by both brands and regulators. The changing regulatory and litigation landscape, as well as evolving corporate expectations for DEI & ESG, are meeting with increasing competitive pressure for all brands to achieve accessibility. Get the experienced perspectives from Match Group and a former DOJ civil rights attorney. In this session we’ll learn:

  • Why market expectations have changed
  • How to handle ADA related litigation and deal with “click-by lawsuits”
  • What the latest rulings and case law mean for your organization
  • How to work across functions to mitigate risk
  • How to identify and work with partners to implement digital accessibility

Moderator: Ian Lowe
CMO eSSENTIAL Accessibility Inc.
Lisa Detig
Vice President & Associate General Counsel Match Group
Eve Hill
Partner Brown Goldstein & Levy
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
11:15am
- 12:00pm
BREAKOUT III

BREAKOUT 3A: GLOBAL MARKETING: SWEEPSTAKES, CONTESTS, HOT TOPICS AND CULTURAL MISHAPS ALONG THE WAY

This Global Advertising Lawyers Alliance sponsored panel will feature speakers from Canada, India, Mexico and the Netherlands. The panelists will provide an overview of sweepstakes and contests in their country and then cover the latest hot topics in advertising and marketing law. Topics to be covered include social media and influencer marketing, the new Mexican transparency law, online gambling advertising in the Netherlands, new privacy legislation in Canada and much more.

Moderator: Kathy Nelson
Associate General Counsel Snap Inc.
Kelly Harris
Partner Miller Thomson LLP (Canada)
Daniel Haije
Partner Hoogenraad & Haak (Netherlands)
Sharad Vadehra
Partner Kan & Krishme (India)
Jose Antonio Arochi
Counsel Arochi & Lindner (Mexico)
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 3B: TRADEMARK & COPYRIGHT DEVELOPMENTS IN ADVERTISING

This session will provide an overview of new and key existing soft 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.

Jeremy Schachter
False Advertising and Trademark Attorney Seyfarth Shaw LLP
Ashley Zito
Senior Corporate Counsel, Brands and IP InterContinental Hotels Group
Brian Kopec-Farrell
Legal, Corporate Counsel Harley Davidson Motor Company
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 3C: CBD, FDA AND OBSTACLES TO CANNABIS MARKETING

Hemp Derived CBD product sales have grown from $173 million in 2015 to $1.6 billion in 2021.  Sales are projected to eclipse $2 billion in 2022.  Yet, federal and state statutory and regulatory changes lag behind the massive growth.   In this session, we will discuss topics such as: 1) The legal difference between Hemp and Marijuana, 2) The importance of Intended Use in marketing CBD/Hemp Products, 3) Selected State and federal regulatory roadblocks, and 4) Examples of compliance/enforcement actions resulting from improper health claims in marketing  of CBD.

Alix Davis-Harris
Senior Counsel, Brand Legal The Procter & Gamble Company
Moderator: Jennifer Mason
Partner Dinsmore & Shohl LLP
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 3D: KEEPING UP WITH MILLENNIALS: HOW TO COUNSEL EFFECTIVELY ON RECENT INDUSTRY CRAZES

The last twelve months were enough of a whirlwind, our workday now involves counseling on things we'd never even heard of a year ago: Clubhouse, Nifty Gateway, Stitching, TikTok, and more! This session will highlight some recent industry trends and the legal issues they present, and help lawyers obtain the practical knowledge they need to provide effective counsel and remain relevant in front of their business teams.

Moderator: Hannah Taylor
Partner Frankfurt Kurnit Klein & Selz PC
Jess Smith
Senior Counsel, Marketing & Advertising Uber Technologies, Inc.
Erika Marie Stallings
Associate General Counsel, Music Product Meta
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

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

As live-events come back with in-person spectators, advertisers face a new host of issues. The panel will explore growing issues advertisers face when sponsoring events with leagues and teams, navigating the cancel culture, developing strategies with marketers to help navigate messaging, and how to address athlete conduct relating to moral clause and moral clause-adjacent issues. 

Moderator: Monique Bhargava
Partner Reed Smith LLP
Thomas Adams
Associate Director and Associate General Counsel, The Procter and Gamble Company
Ellie Boragine
Vice President and Chief Advertising Counsel American Express
Please note this breakout will be streamed & available to virtual viewers.
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
12:00pm
- 1:20pm
LUNCH

Promenade Plaza
1:20pm
- 2:05pm
BREAKOUTS IV

BREAKOUT 4A: GAMING, GAMBLING AND FANTASY SPORTS

Legislation and regulation of gambling, betting, and fantasy sports wagering can be a murky legal minefield of gray areas. For lawyers providing guidance to clients, it can result in frustration due to the lack of clarity both within states and across the country. As a mostly local, not national, area of regulation, different states have different legislative and regulatory structures, in addition to judicial case law interpretations that layer on additional potential inconsistencies and questions. This session will give a broad but detailed overview of the laws, rules, and regulations around gaming, gambling, and fantasy sports, that will attempt to cut through the clutter and provide a structured thought process within which to advise clients conducting business in these areas.

Moderator: Barry Benjamin
Partner Kilpatrick Townsend & Stockton LLP
Sean Hickey
Director, Legal DraftKings Inc.
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 4B:MARKETING TO MULTICULTURAL COMMUNITIES OPPOSING FORCES/DIVERSITY/INCLUSIVENESS VS PRIVACY LIMITS

In 2019, an ANA AIMM study noted multicultural consumers comprised almost 40% of the total population, yet multicultural media investments comprised only 5.2% of total advertising and marketing revenues.  The increase in the multi-cultural population, the social justice movement in 2020, combined with the losses experienced by many multi-cultural communities due to the COVID-19 pandemic has resulted in many brands embracing multi-cultural marketing (MCM) in 2021.  Some brands' MCM efforts are focused on setting up grant programs that specifically target multi-cultural communities.  This session will discuss some of the legal and privacy issues that brands must consider when setting up such programs.

Lauren Tang
Director & Associate General Counsel, Global Marketing Facebook, Inc.
Moderator: Gretchen Ramos
Shareholder Greenberg Traurig LLP
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 4C: LANDMINES!! THE COMMERCIAL/ EDITORIAL SPEECH DIVIDE, NATIVE ADVERTISING, & SECTION 230 OF THE CDA

This session will provide an overview of Section 230, including the purposes behind its enactment and how its shaped the modern internet. Drawing on a recent example from overseas, the session will discuss Section 230’s importance to not only social media platforms but also to news publishers, advertisers, and others who use the internet to reach and interact with their consumers.

Brian Underwood
Associate Bryan Cave Leighton Paisner LLP
Faiza Javaid
VP, Deputy General Counsel G/O Media
Eric Goldman
Associate Dean of Research, Professor of Law and Co-Director, High Tech Law Santa Clara University
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 4D: REACHING CONSUMERS BY TEXT, PHONE EMAIL AND DIRECT MAIL -THE TCPA LITIGATIONS

Communicating with consumers in a meaningful way has become a real challenge for companies today given the explosive growth of various media platforms available in the marketplace.  How can companies reach consumers effectively and efficiently in this crowded field while also remaining compliant with various federal and state laws governing these channels?  This session will provide an overview of the laws and rules governing direct mail, email, telemarketing and SMS marketing and strategies for avoiding regulatory scrutiny and consumer class actions.

Marc Roth
Partner Cobalt Law, LLP
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)
2:15pm
- 3:00pm
BREAKOUTS V

BREAKOUT 5A: EARNED MEDIA AND ADVERTISING: LEGAL ISSUES AND MITIGATION STRATEGIES

A review of the all the options other than paid advertising or branding for a company to get its message across.

Margaret Esquenet
Partner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 5B: LAUNCHING THE NEW SMART PRODUCT - DATA EXTRACTION, CROSS LINKING IOT AND THE EXPLOSION OF LAWS AND TECHNOLOGIES

In a world where consumers now interact with smart devices – at home, at work, and everywhere in between – the necessity to collect and use data responsibly goes far beyond legal compliance. Today and tomorrow, brands, publishers, agencies and the ad tech community must incorporate data ethics, mitigate bias, convey value and bolster trust – all concurrently – within and across all the data interaction points crucial to authenticate and cultivate customer value and identity. Consumers will have it no other way. Beyond legal compliance, how do we protect this dynamic, innovative, data-driven ecosystem and protect a full “benefits on” approach?

Moderator: Lou Mastria
Executive Director Digital Advertising Alliance
Rachel Glasser
Chief Privacy Office Magnite
Holly Grochmal
General Counsel Pandora
Brandon Seltenrich
Vice President, Privacy Tech ViacomCBS
Michael Signorelli
Partner Venable LLP
Melodie Green
Associate General Counsel Meta (Facebook Reality Labs)
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 5C: HOW TO DEFEND AGAINST CONSUMER CLASS ACTIONS: LEADING LITIGATORS’ PERSPECTIVE AND PRACTICAL TEACHINGS

You attended all the right advertising conferences, learned how to properly substantiate your claims, and carefully vetted everything before it went out the door.  But now a class action has been filed against you.  What went wrong?  Advertising class actions are a near-inevitability in today’s world and are on the rise.  To prepare you for your next encounter with the plaintiffs’ bar, this session covers recent class action trends in the advertising space and offers strategies to avoid, defeat and settle class actions.

Jennifer Yang
Associate Proskauer Rose LLP
Jeffrey Warshafsky
Associate Proskauer Rose LLP
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 5D: LAW AND VIDEO GAMES AND IN GAME ADVERTISING

Moderator: John Feldman
Partner Reed Smith LLP
Dara Ashrafi
Managing Counsel Unity Technologies
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 5E :CRIMINAL INTENT-PROTECTING YOUR BRAND IN THE DIGITAL SPACE

Protecting your brand in the digital space has never been more important. Cyber-attacks are increasing at an alarming rate and cybercriminals continue to exploit famous trademarks to mislead and confuse customers into clicking malicious and fraudulent links. However, these criminals have evolved their conduct beyond the traditional click fraud attacks. Indeed, many criminals now deploy bots or have pivoted to developing counterfeit mobile applications or websites that appear genuine. This deceives consumers into believing an organization developed and/or condoned the fraudulent application. While the rise in cybercrime may be alarming, there are several legal avenues available to companies to effectively and efficiently dismantle the criminal infrastructure hosting the fraudulent content. This panel will discuss those tools and provide practical tips to protecting your brand against the rise in cybercrime.

Moderator: Gabe Ramsey
Partner Crowell & Moring LLP
Moderator: Kayvan Ghaffari
Counsel Crowell & Moring LLP
Richard Domingues Boscovich
Assistant General Counsel Digital Crimes Unit/Malware Analysis & Disruption Team, Microsoft
Josh Galper
Co-Founder and Partner Trident DMG
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
3:00pm
- 3:20pm
NETWORKING COFFEE BREAK

Sapphire Foyer (IN-PERSON ONLY)
3:20pm
- 4:05pm
BREAKOUTS VI

BREAKOUT 6A: CAUSE MARKETING

Learn the latest developments affecting cause marketing, including charitable sweepstakes, legislative initiatives for online fundraising platforms, and the convergence of cause marketing with sustainability and environmental social governance (ESG) programs. Plus, get compliance guidance for commercial co-venture, donation-at-checkout, free action, and other types of programs where commerce meets charity.

Moderator: Ed Chansky
Shareholder Greenberg Traurig, LLP
Joseph Khanna
Vice President, Senior Managing Counsel Mastercard
Natalie Troilo
Senior Corporate Counsel Dick's Sporting Goods
Brian Armstrong
Deputy Attorney General State of California Department of Justice
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 6B: REAL TIME MARKETING

Can you reply to that celebrity that just Tweeted about your product?  Should you? Can you use #oscars during the Academy Awards?  What about an Instagram post honoring a recently deceased celebrity or UGC posted on Facebook?  How can you specifically target individual customers with unique ads?  This section will explore the key issues in social media and real-time marketing with a unique team of panelists.

Joseph Lewczak
Partner Davis+Gilbert LLP
W. David Hubbard
Vice President & Deputy General Counsel, Consumer Marketing & Products Verizon Communications
Kathryn Farrara
Associate General Counsel N.A., Marketing; Data Protection Officer U.S. Unilever
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 6C: RETAIL MARKETING 2021: EMERGING ISSUES IN AN ELECTRONIC WORLD

A consumer sea shift to online retail buying has catapulted retailers onto the web and, in some cases, to abandonment of traditional brick and mortar stores.  Even where retailers support both online and in-store buying, savvy consumers want a seamless experience.  Increased emphasis on electronic marketing and buying has fueled a slew of issues, including price matching, antitrust implications, digital marketing rules of the road, geo-tracking and other increasing privacy concerns and regulations.

Moderator: Mary Ann Wymore
Officer Greensfelder, Hemker & Gale, P.C.
Matthew Fitzpatrick
Vice President and Associate General Counsel The Procter & Gamble Company
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 6D: STATE AND LOCAL ATTORNEY GENERAL ENFORCEMENT

Marisol Mork
Partner Squire Patton Boggs
T.J. Donovan
Vermont Attorney General
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 6E: FOOD MARKETING CLAIMS

What is food? From meat to milk, and everything in between. The panelists will discuss the latest trends in food law marketing claims, litigation, and legislation. Covered topics will include:

  • The proliferation of protein-alternative foods
  • Disputes over health, wellness or immunity claims, environmental/sustainability claims and functional claims
  • Recent developments regarding flavoring and fruit content claims
  • The continued uptick in food claims litigation, and the weight of implicit claims
  • Potential implications of the Food Labeling Modernization Act for the industry

Brandi Van Leeuwen
Senior Counsel Meijer, Inc.
Kate Eguchi
Vice President & Associate General Counsel: Privacy, Technology & Marketing Whole Foods Market, Inc.
Amanda Vann Faulkner
Senior Counsel, Global Marketing The Coca-Cola Company
Moderator: Meshach Rhoades
Partner Crowell & Moring LLP
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
4:15pm
- 5:00pm
BREAKOUTS VII

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

Think the FTC’s Endorsement Guides have been in hibernation?  Well, with the FTC’s recent resurrection of the Penalty Offense Authority, it looks like the Endorsement Guides are slumbering no more and have woken up grumpy!  Hear from our panel on what businesses should be doing to protect themselves from investigations or [gasp] lawsuits seeking civil penalties for failing to toe the line with their influencer marketing tactics.

Leah Stupak
Senior Counsel Google
David Moorhead
VP & Assistant General Counsel Marketing & Intellectual Property Hyatt
Moderator: Jim Dudukovich
Counsel Bryan Cave Leighton Paisner LLP
Sara Chubb
Partner INFOLAWGROUP LLP
Please note this breakout will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 7B: MARKETING COMPLIANCE: THE FUTURE OF PRIVACY EXPERIENCES & TRUST

California, Canada, Europe – privacy laws are gradually being introduced and enforced all over the world. Data, trust and compliance are three big focus areas for businesses. How can brands deal with privacy requirements, continue to build trusted relationships with consumers and deliver personalized experiences? Join this session to learn about the state of the industry contributing to the future of privacy and trust.
Key Takeaways

  • Gain insight to different regulatory requirements around the world
  • Discover the opportunity to embrace privacy law requirements to improve customer trust
  • Understand best practices for consent and preference management to meet regulation obligations and build customer trust
  • Uncover tips for collaborating across your privacy and marketing teams to run a privacy program smoothly

Arshdeep Sood
Marketing Solutions Engineer OneTrust
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

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.

Moderator: Norman C. Simon
Partner, Chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP
Ryan Gander
Associate Kramer Levin Naftalis & Frankel LLP
Matt Hannahan
Director & Assistant General Counsel The Procter & Gamble Company
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 7D: SHINING THE LIGHT ON DARK PATTERNS

Have you ever been surprised by a charge on your credit card? Tried to cancel a subscription and can’t figure out how? Thought you were getting something for free and realized that you were actually charged for it? You may have been a victim of dark patterns. Dark patterns refer to a broad range elements of online customer experiences that may manipulate consumers into taking actions they didn’t intend, like buying a product or signing up for a subscription they don’t really want. With consumers increasingly turning to online shopping during the pandemic, businesses have adapted their go-to-market strategies and website designs in creative ways to reach consumers with attractive offers, steer them through the sales process, and succeed in today’s competitive online marketplace. But some of these creative user interfaces can approach – or cross the line into dark patterns, earning brands increased scrutiny by regulators and litigants. This break-out session will discuss the legal trends, practical challenges, and litigation and enforcement risks associated with dark patterns.

  • What dark patterns are, including how layering multiple interface elements that are innocent on their own can create dark patterns?
  • The key legal and regulatory issues businesses should be aware of, including “dark patterns” in digital advertising, making appropriate disclosures in e-commerce, and the evolving and legal and regulatory landscape.
  • How to best prepare to stay out of the crosshairs of federal regulators, state attorneys general, and plaintiff’s class action lawyers.
  • How advertisers can legally employ tactics like free trials and auto-renewals

Nerissa McGinn
Chief Diversity Partner; Co-Chair, Diversity Committee Loeb & Loeb, LLP
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 7E: COVID & CORPORATE SOCIAL RESPONSIBILITY CHANGED MARKETING AND THE LAW: A CROSS DISCIPLINARY REVIEW

2020 and 2021 brought changes in marketing tactics driven largely by the COVID-19 pandemic, as well as a swell in companies’ efforts on the Corporate Social Responsibility (CSR) front. Many companies sharpened their marketing focus on doing good -- from pandemic relief and support efforts, to social justice issues, to environmental concerns, and beyond. These efforts brought with them a host of legal concerns that had to be navigated by companies and their legal teams. This session will:

• Highlight examples of advertising changes
• Touch upon the myriad of issues that are raised by these efforts

Take a look at where enforcement efforts have been focused

Molly Malouf
Senior Director, Legal Affairs T-Mobile USA, Inc
Craig Moore
Senior Counsel Wells Fargo & Company
Moderator: Rosanne Yang
Partner INFOLAWGROUP LLP
View CLE Materials
Sapphire 411 (IN-PERSON ONLY)
5:00pm
- 6:00pm
RECEPTION

Sapphire Terrace (IN-PERSON ONLY)
Tuesday, November 16, 2021
6:30am
- 7:00pm
REGISTRATION OPEN

Sapphire Foyer (IN-PERSON ONLY)
7:00am
- 8:15am
BREAKFAST

Sapphire AB (IN-PERSON ONLY)

BREAKFAST ROUNDTABLES WITH THE EXPERTS

Sapphire AB (IN-PERSON ONLY)

TCPA

Eric Troutman
Partner Squire Patton Boggs
Sapphire AB (IN-PERSON ONLY)

GAMBLING

Erica Okerberg
Shareholder Greenberg Traurig, LLP
Sapphire AB (IN-PERSON ONLY)

A VIEW FROM THE INSIDE

Straight talk from a sweepstakes agency that will answer all your questions regarding consideration, equal dignity, bonding, registration, FTC disclosure guidelines on social media, surprise & delight programs, first to respond offers, limitations of certain social media.

Larry Berney
General Counsel Don Jagoda Associates, Inc.
Sapphire AB (IN-PERSON ONLY)

PROBLEMS OF CYBERSECURITY

Terese Arenth
Partner Moritt Hock and Hamroff LLP
Sapphire AB (IN-PERSON ONLY)

THE FUTURE OF E-COMMERCE AND THE SUBSCRIPTION ECONOMY: AUTOMATIC RENEWAL PROGRAMS, FREE TRIAL CONVERSIONS, MEMBERSHIPS, LOYALTY AND MORE

Subscription marketing practices have seen exponential growth over the past several years with the period since April & May 2020 accounting for much of this growth.  Consumers are increasingly relinquishing ownership of products in favor of the subscription economy and paid membership programs with incentives, particularly in the beauty, fitness, lifestyle, food and beverage categories. This roundtable will discuss hot topics and trends in e-commerce and “e-tail” and how to comply with the patchwork of federal and state regulations governing automatic renewal.

Paavana Kumar
Associate Davis+Gilbert LLP
Sapphire AB (IN-PERSON ONLY)

CLASS ACTIONS

Joe Orzano
Partner Seyfarth Shaw LLP
Sapphire AB (IN-PERSON ONLY)

FALSE ADVERTISING CLAIM TRENDS IN THE HEALTH AND BEAUTY INDUSTRY

As companies continue to innovate and push the boundaries of traditional skin care, cosmetics and personal care products, the plaintiff’s bar never ceases to come up with new angles to attack product labeling including all forms of marketing.  Come discuss the trends, including specific ingredient attacks, dosage/formulation arguments, and creative enforcement trends and forums.  We’ll discuss best practices for clearance, strategic assessment and defense for companies at every stage. 

Caitlin Blanche
Partner K&L Gates
Katie Staba
Partner K&L Gates
Sapphire AB (IN-PERSON ONLY)

“MADE IN USA” CLAIMS

This roundtable will focus on navigating the new FTC “Made in USA” rules and recent enforcement activity surrounding the claims.

Anna Naydonov
Partner Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Sapphire AB (IN-PERSON ONLY)
8:15am
- 10:30am
GENERAL SESSION

8:15am
- 8:25am

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak
SVP Law ANA
Please note this session will be streamed & available to virtual viewers.
Sapphire CD (HYBRID)
8:25am
- 8:50am

OPENING REMARKS

Bob Liodice
CEO ANA
Dan Jaffe
EVP, Government Relations ANA
Please note this session will be streamed & available to virtual viewers.
View Video and Presentation
Sapphire CD (HYBRID)
8:50am
- 9:40am

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 Goldstein
Co-Leader, Advertising, Marketing & Digital Media Practice Group BakerHostetler
Amy Mudge
Co-Leader, Advertising, Marketing & Digital Media Practice Group BakerHostetler
Please note this session will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)
9:40am
- 10:30am

THE FUTURE STATE OF ADVERTISING: ADTECH DEVELOPMENTS & PRIVACY ENHANCING TECHNOLOGIES

As technology evolves, so do the ways companies engage with consumers. Not only do many consumers increasingly expect personalized interactions and content, but the evolution of privacy laws, as well as consumers’ increasing awareness of how data can be used, has prompted new ways of thinking about consumer engagement and privacy, which in turn has fueled exciting technological developments within the advertising space. This session will highlight key trends in advertising technologies, not only in terms of customer engagement, but also the ways industry leaders are leveraging technology for the purpose of enhancing privacy in light of rapidly evolving and sometimes inconsistent legal requirements.

Amir Azaran
Deputy Chair, Advanced Media and Technology Loeb & Loeb LLP
Nate Hole
Partner Loeb & Loeb LLP
Tanya Forsheit
Co-Chair, Privacy, Security & Data Innovations Loeb & Loeb LLP
Please note this session will be streamed & available to virtual viewers.
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Sapphire CD (HYBRID)
10:30am
- 10:50am
NETWORKING COFFEE BREAK  

Sapphire Foyer (IN-PERSON ONLY)
10:50am
- 12:30pm
GENERAL SESSIONS CONTINUED

10:50am
- 11:40am

MISSION CONTROL – A TO Z: THE QUEST FOR BALANCE

Learn about the latest advertising and marketing law developments. See how they impact your company and its products. Gain practice tips on compliance. Distinguish between potential and real legal risk. Prepare for what is to come and will be. Think out of the box. Join Ron in another creative and entertaining journey: “Mission Control – A to Z: The Quest for Balance.” From 2020 to now, the goal has been to achieve balance: work-home, professional-personal, and family-you. See how this all ties together in advertising and marketing law, and your work at your company.

Ronald Urbach
Chairman & Co-Chair, Advertising + Marketing Practice Davis+Gilbert LLP
Please note this session will be streamed & available to virtual viewers.
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Sapphire CD (HYBRID)
11:40am
- 12:30pm

KEY FALSE ADVERTISING LITIGATION DEVELOPMENTS

This session will address significant decisions over the past year in the 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
Please note this session will be streamed & available to virtual viewers.
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Sapphire CD (HYBRID)
12:30pm
- 1:50pm
LUNCH

SPEAKER

Andrew Smith
Partner, and Former Director of the Bureau of the Consumer Protection, FTC Covington & Burling LLP
Sapphire AB (IN-PERSON ONLY)
1:50pm
- 4:00pm
GENERAL SESSIONS CONTINUED

1:50pm
- 2:20pm

LEGISLATIVE YEAR IN REVIEW

Chris Oswald
SVP, Government Relations ANA
Please note this session will be streamed & available to virtual viewers.
View Video and Presentation
Sapphire CD (HYBRID)
2:20pm
- 3:10pm

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

Alexander is back.  As if a bad day wasn’t enough, what a year he’s been through.  In this session, we’ll talk about key contractual clauses and other tips that helped our burnt-out advertising lawyer make it through a bad year, and that he’s planning on relying on in the year to come.

Daniel M. Goldberg
Chair, Privacy & Data Security Group Frankfurt Kurnit Klein & Selz PC
Brian Murphy
Partner Frankfurt Kurnit Klein & Selz PC
Please note this session will be streamed & available to virtual viewers.
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Sapphire CD (HYBRID)
3:10pm
- 4:00pm

CALIFORNIA PRIVACY: WHAT DIRECTION IS NEXT FOR CCPA AND CRPA?

A review of the California privacy laws with representatives from the California Privacy Protection Agency and the OAG.

Moderator: Alan Friel
Partner Squire Patton Boggs LLP
Lydia de la Torre
Founder and Board Member California Privacy Protection Agency Golden Data Law
David Manek
Senior Managing Director Ankura Consulting Group, LLC
Please note this session will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)
4:00pm
- 4:20pm
NETWORKING COFFEE BREAK  

Sapphire Foyer (IN-PERSON ONLY)
4:20pm
- 5:05pm
BREAKOUTS VIII

BREAKOUT 8A: 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 bait and switch pricing, hidden fees, pink tax, and automatic subscription billing.

Moderator: Jason Howell
Partner Perkins Coie LLP
Moderator: Amanda Beane
Partner Perkins Coie LLP
Lindsey Buckner
Counsel, Marketing, Digital & IT 7-Eleven, Inc
Mark Richardson
Director Counsel, Intellectual Property Target Corporation
Please note this breakout will be streamed & available to virtual viewers.
View Event Recap and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 8B: MAJOR SPORTS SPONSORSHIP DEALS

Brian Michael Cooper
Member Frost Brown Todd LLC
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 8C: MUSIC LICENSING

During this informative session we will explore a general overview of music licensing, new trends in music on-demand service models as well as the different types of music-related licenses available.  We will also attack a licensing hypothetical for marketers looking to use music in their promotions or sweepstakes.  An interesting discussion of the fair use and sync analysis will be interactive with the audience.

Cyrus Afshar
Senior Corporate Counsel Amazon Music
Moderator: Brian Bloom
Partner Moritt Hock and Hamroff LLP
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 8D: LOYALTY PROGRAMS

Loyalty programs have been around for decades, but their widespread popularity and the migration to digital marketing has meant increased complexity from a legal perspective.  This session will discuss the laws that regulate loyalty programs, including consumer protection, sweepstakes, anti-money laundering, commercial co-ventures, privacy, 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 and perils to watch out for in designing such programs and suggest practical ways to address the legal traps in creation and implementation.

Melissa Landau Steinman
Partner Venable LLP
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)

BREAKOUT 8E: MOBILE PAYMENTS-DATA USE, OBLIGATIONS, CREDIT CARD AUTHENTICATION

Rachael Vaughn
Senior Counsel Google
Moderator: Alan Sutin
Shareholder Greenberg Traurig, LLP
Andra Dallas
Senior Counsel, Advertising & Marketing PayPal, Inc
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)
5:15pm
- 6:15pm
BREAKOUTS IX

BREAKOUT 9A: CULTURAL HUMILITY AND INCLUSIVE LEADERSHIP: AN ETHICAL IMPERATIVE

Culture provides the backdrop for the way we understand, experience, and view the world around us and are often a root of our unconscious biases. As lawyers working in an increasingly diverse and global marketplace, cultural misunderstandings, and unaddressed biases, can pose significant problems in our interactions with colleagues and our representation of clients. Designed for in house and law firm lawyers, in this session participants will:

  • Understand that cultural humility in the practice of law is an ethical imperative.
  • Address common pitfalls and case examples highlighting the importance of cultural humility and inclusive lawyering
  • Review industry trends, including accountability measures that companies are using to ensure third party suppliers and law firms follow diversity related KPIs
  • Learn strategies that in-house and law firm lawyers can adopt to provide competent representation to clients and to create a more diverse, equitable and inclusive legal profession

Iveliz Crespo
Global Diversity & Inclusion Advisor Reed Smith LLP
Please note this breakout will be streamed & available to virtual viewers.
View Event Recap, Video, and CLE Materials
Sapphire CD (HYBRID)

BREAKOUT 9B: 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 covers 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.

Moderator: Allison Fitzpatrick
Partner Davis+Gilbert LLP
Max Bleyleben
Managing Director SuperAwesome
Mamie Kresses
Vice President Children's Advertising Review Unit (CARU), BBB National Programs
View CLE Materials
Sapphire AB (IN-PERSON ONLY)

BREAKOUT 9C: BLOCKCHAIN,CRYPTOCURRENCY and NFT’S/TOKENS

  • What is Blockchain, Cryptocurrency & NFT’s/Tokens
  • Key Characteristics
  • Types of marketplaces
  • Legal Landmines
  • Contractual Issues
  • Intellectual Property Issues
  • SAG/AFTRA (Union Issues)

Melanie Howard
Chair, Intellectual Property Protection; Chair, Luxury Brands; Deputy Chair Loeb & Loeb LLP
Mercedes Tunstall
Partner Loeb & Loeb LLP
View CLE Materials
Sapphire 400 (IN-PERSON ONLY)

BREAKOUT 9D: HOW TO NEGOTIATE AGENCY CLIENT AGREEMENTS

Moderator: Robert Driscoll
Partner Davis Wright Tremaine LLP
Brett Celedonia
Legal Director, Digital Advertising, Ad Tech & Marketing Netflix Inc.
Daniel Nemet-Nejat
Vice President and Senior Counsel WarnerMedia Legal Group
View CLE Materials
Sapphire 410 (IN-PERSON ONLY)
6:15pm
- 7:15pm
RECEPTION  

Sapphire Terrace
Wednesday, November 17, 2021
6:30am
- 11:00am
REGISTRATION OPEN

Sapphire Foyer (IN-PERSON ONLY)
7:15am
- 8:15am
BREAKFAST

Sapphire AB (IN-PERSON ONLY)
8:15am
- 9:50am
GENERAL SESSIONS

8:15am
- 8:25am

INTRODUCTION

Ed Kabak
SVP Law ANA
Please note this session will be streamed & available to virtual viewers.
Sapphire CD (HYBRID)
8:25am
- 9:15am

REGULATORS TALK

2021 has been a roller-coaster in so many ways, including on the regulatory front. Join us for a fireside chat with the FTC’s Robin Spector, Attorney Advisor to FTC Commissioner Christine Wilson, Laura Brett, VP and Director of the National Advertising Division (NAD), and Nancy Felsten, as they discuss and explore life in the wake of AMG Capital Management, the FTC’s latest actions from Policy Statements on Health App Breaches and Subscription Dark Patterns to Penalty Offense Notices, key cases and initiatives from the NAD, as well as what we can expect to see in the coming year.

Moderator: Nancy Felsten
Partner Davis Wright Tremaine LLP
Laura Brett
Vice President, National Advertising Division BBB National Programs
Robin Spector
Attorney Advisor, Office of Commissioner Christine S. Wilson Federal Trade Commission
Please note this session will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)
9:15am
- 10:05am

THE EMERGING LITIGATION DANGER FOR BRANDS

In this fast-paced session, led by one of the founders of Sleeping Giants and a renowned professor of First Amendment Law, we’ll take you through the biggest advertising litigation risk of this decade: the interplay between reputation, brand safety and the law.  How do brands ensure what content their ads are funding and what information must their tech vendors provide?  What roles do disinformation, the social media meltdown and Section 230 play?  What looms for big-tech content platforms in front of the new FTC?  In a pandemic-stricken world, can the government force you to speak or not speak?  The new politics of advertising. 

Moderator: Christopher Cole
Partner Crowell & Moring LLP
Moderator: Holly Melton
Partner Crowell & Moring LLP
Martin Redish
Professor, Northwestern University and Senior Counsel Crowell & Moring LLP
Nandini Jammi
Co-Founder Check My Ads
Please note this session will be streamed & available to virtual viewers.
View Event Recap, Video, and CLE Materials
Sapphire CD (HYBRID)
10:05am
- 10:25am
NETWORKING COFFEE BREAK  

Sapphire Foyer (IN-PERSON ONLY)
10:25am
- 11:15am

CELEBRITY SERVICES FOR EQUITY

Most celebrities from every field (whether it be music, sports, or film) want to be an entrepreneur. While highly compensated endorsement deals have not gone away, many celebrities look for opportunities to bolster their portfolio of brand partnerships with a potential “homerun” by taking a smaller upfront fee in exchange for equity in the company. Our panel will discuss the complex business and legal issues for the talent and the company presented by the structure of these arrangements.

Moderator: Robert Darwell
Partner Sheppard, Mullin, Richter & Hampton LLP
Segun Aluko
Associate Sheppard, Mullin, Richter & Hampton LLP
Meg Wilson
Special Counsel Sheppard, Mullin, Richter & Hampton LLP
Please note this session will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)
11:15am
- 12:05pm

WHERE IS THE FTC HEADED UNDER CHAIR KAHN AND AFTER THE SUPREME COURT DECISION ON FTC ACT 13(B)?

In this session, former FTC Bureau Directors, David Valdeck and Howard Beales will join Venable’s own former FTC Regional Director, Len Gordon, to discuss what to expect from the Commission in light of a new Chair, the Supreme Court’s ruling in  AMG,  recent rulemakings, and other activity at the agency.  The panel will dive into what the future may hold at the FTC, provide observations on the course the agency is taking in light of the many changes, and thoughts on how companies may navigate this new era at the Commission.  

Howard Beales
Professor Emeritus of Strategic Management & Public Policy George Washington University School of Business
David Vladeck
Professor of Law Georgetown University Law Center
Moderator: Leonard Gordon
Partner Venable LLP
Please note this session will be streamed & available to virtual viewers.
View Video and CLE Materials
Sapphire CD (HYBRID)
12:05pm CONFERENCE ADJOURNMENT

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