Conference Agenda

BREAKOUT 1A

BREAKOUT 1B

BREAKOUT 1C

BREAKOUT 1D

BREAKOUT 2A: FAB FOOD LAB: CREATING BETTER FOOD FOR YOU AND FOR THE PLANET. OR ARE WE?

This session will explore the benefits and risks in creating and marketing new food concepts, including health and sustainability claims, sourcing, plant-based meat alternatives, traceability, supplements, FDA regulatory interests, and more.

Mary Ann Wymore

Partner UB Greensfelder LLP

BREAKOUT 2B: RULE-A-PALOOZA MEETS LOPER BRIGHT

The panel will discuss what the Supreme Court’s decision in Loper Bright Enterprises means for the FTC’s aggressive rulemaking agenda, including:

• The status of the FTC’s various rulemakings and challenges to them
• How the FTC has been using existing rules in its enforcement cases
• The Supreme Court’s decision in Loper Bright Enterprises
  - Significance
  - How lower courts have interpreted the decision thus far
  - What does the decision mean for Auer Deference
• Will the election change things?
  - Congressional Review Act

Len Gordon

Partner Venable LLP

BREAKOUT 2C: THRIVING IN THE EVOLVING CHILDREN’S ADVERTISING AND PRIVACY LANDSCAPE: BEST PRACTICES TO NAVIGATE WITH CONFIDENCE

Dive into the whirlwind of children’s privacy, social media, and influencer regulations, where every day brings a new challenge. In this can’t-miss session, we’ll uncover the best practices for interacting and engaging with young audiences on platforms like Roblox, streaming services, and online games. Discover how the latest CARU and FTC cases, along with emerging state and federal laws, are reshaping the future of children’s advertising and privacy.

Allison Fitzpatrick

Partner Davis+Gilbert LLP

BREAKOUT 2D: BASICS OF ADVERTISING LAW

This session will provide an introduction to key issues in advertising law that both lawyers and marketers should know. The panel will discuss various topics, including how to determine what claims are conveyed in an ad, how to substantiate different types of claims, and how to make effective disclosures. For each topic, the panel will provide an overview of the key legal requirements, show examples of ads that were challenged, and leave you with tips to help you stay out of trouble.

Gonzalo Mon

Partner Kelley Drye & Warren LLP

BREAKOUT 3A: MARKETING OF BEAUTY/COSMETIC PRODUCTS

Jeff Warshafsky

Partner Proskauer Rose LLP

BREAKOUT 3B: AN IN-HOUSE LAWYER'S GUIDE TO CONSUMER REVIEWS AND TESTIMONIALS

This panel will feature a discussion of key issues and recent trends related to consumer reviews and testimonials.  We will discuss the FTC's pending rule on reviews and testimonials, analyze trends in recent FTC enforcement and private litigation involving reviews and testimonials, and address where we expect the FTC and other regulators to focus their efforts in the future. 

Laura Kim

Partner Covington & Burling LLP

BREAKOUT 3C: CONNECTED DEVICES & CTV: HOW WE CAN GET PRIVACY RIGHT THROUGH NEW CREATIVE GUIDANCE

The revolution will be…streamed. Representatives from AdChoices and the connected television and device advertising ecosystem will discuss the ascendancy of streaming by consumers and how privacy factors in as consumers “turn on” their devices and “take in” the content. Are consumer expectations regarding their device behaviors and content choices affecting privacy concerns? Transparency and notice with interest-based advertising means communicating data collection for relevant advertising on all means of connected devices, CTV included. We will explore newly announced Digital Advertising Alliance (DAA) guidance for streaming devices (audio and video) in helping advertisers on such platforms and devices adhere to DAA best practices for extending notice and enabling subsequent choice.

Lou Mastria, CIPP, CISSP

President and Chief Executive Officer Digital Advertising Alliance

BREAKOUT 3D: BASICS OF IP ISSUES IN ADVERTISING, INCLUDING COPYRIGHT & TRADEMARK

This session will discuss how advertisers can identify and protect their IP rights in their creations, and how to avoid the risk of violating IP rights of others.

Kristin Achterhof

Partner and National Co-chair, Intellectual Property Litigation Practice Katten Muchin Rosenman LLP

BREAKOUT 4A

BREAKOUT 4B: PRACTICAL TIPS FOR PRICE ADVERTISING IN THE AGE OF “JUNK FEES”

This session will cover how to handle variable pricing, subscriptions, add-ons, and other issues.

Frank Gorman

Partner WilmerHale

BREAKOUT 4C: DATA RISK ASSESSMENTS: AI AND PERSONAL DATA PROCESSING

This panel will address new U.S. legal requirements for assessments of high risk data processing activities, including for behavioral/targeted advertising, automated decision making, AI training, and profiling; processing of sensitive data (minors, location, protected classes, health) and assessments of AI implementation risks. The speakers will also consider the constitutionality of mandatory risk assessment reports in light of the recent 9th Circuit decisions in Netchoice and X Corp, as well as the question of privilege in connection with governmental inspection and filings. The panelists will include privacy lawyers and consultants and assessment platform experts who will address, in addition to legal issues, best practices and practical considerations, including how to use info gov platforms to streamline the process and tie results into data inventories and info management systems.

Alan Friel

Partner & Chair, Global Data Privacy, Cybersecurity & Assets Practice Squire Patton Boggs

BREAKOUT 4D: ALL IN: SWEEPSTAKES AND CONTESTS IN THE AGE OF UBIQUITOUS BETTING

This session will cover the basics but will also approach sweepstakes with a theme arising from recent cases and enforcement focused on the line between lottery/gambling and promotional sweepstakes. We will also look at non-traditional “purchases,” like donations or “cashing in” loyalty points for entries. How should we think about contests today when legal gambling is virtually everywhere? How has the ubiquity of gaming and gambling affected how we should think about promotional games?

John Feldman

Partner Reed Smith LLP

BREAKOUT 5A

BREAKOUT 5B: REGULATORY ROULETTE: ALIGNING MARKETING STRATEGIES WITH CONFLICTING LEGAL STANDARDS

Advertisers regularly face divergent guidance from key regulatory bodies like the FTC, NAD, and the courts. This session will explore critical areas where standards conflict – such as “Made in USA,” “up to,” green claims, puffery, and disclosure requirements – to illustrate the differences in how the FTC, NAD, and courts view claims and compliance.  Through these examples and more, our panelists will equip you with insights to navigate the regulatory maze, anticipate legal challenges, and strategically balance risks across diverse advertising scenarios. Don’t miss this opportunity to see around corners and align your marketing strategies with the evolving legal landscape.

Kristi Wolff

Partner Davis Wright Tremaine LLP

BREAKOUT 5C

BREAKOUT 5D: CLAIM SUBSTANTIATION: YOU BETTER BE ABLE TO PROVE THAT YOU ARE BETTER, BIGGER, STRONGER, AND FASTER THAN THE COMPETITION

If you want to advertise that your product is better, bigger, stronger, or faster than the competition, make sure you can substantiate the claims. Proper claim substantiation requires determining how consumers will understand the claims made in the advertising and how to properly support the messages conveyed. This session will discuss the nuts and bolts of claim substantiation, including objective claims, subjective claims, testing, surveys, and distinguishing claims from puffery. 

Barry Benjamin

Partner Kilpatrick Townsend & Stockton LLP

BREAKOUT 6A: E-TAILERS AND RETAILERS: HOT TOPICS AND RISK MITIGATION

This fast-paced session will cover hot and emerging topics for e-tailers and retailers, including the latest updates about generative AI and marketing, price advertising, junk fees, recurring subscription (auto-renewal) programs, and dark patterns, as well as best practices for compliance and risk mitigation.

Jason Howell

Co-Chair, Advertising, Marketing & Promotions Practice Perkins Coie LLP

BREAKOUT 6B: RECENT DEVELOPMENTS IN GREEN MARKETING: HOW TO MAKE SUSTAINABLE SUSTAINABILITY CLAIMS

Jennifer Fried

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

BREAKOUT 6C

BREAKOUT 6D: CONSUMER CLASS ACTIONS

This session will focus on consumer class actions, including false advertising and privacy class actions.  The panel will feature insights on litigation trends including common claims and types of products and services targeted, as well as theories of liability, over the past year.  The panel will also discuss defenses to commonly asserted false advertising and privacy claims and how those defenses are being received by courts.  The panel will also include the latest proactive tips and strategies to maintain active advertising and marketing of products and services, while minimizing the risk of being targeted by the plaintiffs’ bar.

Joe Orzano

Partner and National Co-Chair, Advertising & Marketing Group Seyfarth Shaw LLP

BREAKOUT 7A: CONNECTING WITH CONSUMERS THROUGH STORYTELLING AND MEDIA PARTNERSHIPS

This panel will cover brand messaging through content outside of traditional ads, including social media, content partnerships, and communications/distribution channels.

Po Yi

Partner Manatt, Phelps & Phillips, LLP

BREAKOUT 7B: IT’S NOT EASY BEING GREEN: THE QUEST FOR A UNIFIED GLOBAL GREEN MARKETING STRATEGY

As data continues to show that consumers care enough about sustainability initiatives to have it influence purchasing decisions, companies are increasingly looking to tout their efforts in this arena.  But how can companies make this work on a global scale?  This panel will explore strategies for managing global ad campaigns and initiatives around sustainability marketing in an increasingly segmented regulatory environment.  The panel will consider whether and how to harmonize efforts across the Americas, Europe, and parts of Asia.

Tiffany Ferris

Partner and Chair, Trademark and Advertising Practice Group Haynes Boone

BREAKOUT 7C

BREAKOUT 7D: CURRENT ADVERTISING LITIGATION TRENDS IN THE TELECOMMUNICATIONS AND CONSUMER GOODS INDUSTRIES: FROM 5G TO 5X

This breakout will cover trends in advertising litigation gleaned from NAD, consumer class action and Lanham Act cases in the telecommunications and consumer goods categories in the last year, from claims of network speed and reliability, to quantified product performance claims. The panel will include insights from in-house lawyers at T-Mobile and The Procter & Gamble Company.

Norman C. Simon

Chair, Advertising Litigation Kramer Levin Naftalis & Frankel LLP

OPENING REMARKS

THINKING LIKE AN ENFORCER TO MINIMIZE ADVERTISING & MARKETING RISKS

Join Daniel Kaufman and Amy Mudge from Baker Hostetler in a fast-paced dialogue with Serena Viswanathan from the FTC’s Advertising Practices Division and Laura Brett at the National Advertising Division of BBB National Programs.  This panel will focus on identifying the top advertising enforcement and regulatory priorities and explore the most significant consumer protection concerns.  The discussion will help set the foundation for all of the rich conference content to follow, helping participants analyze like an enforcer and focus on the why behind the latest developments, cases, and rulemakings. 

Amy Mudge

Leader, Advertising, Marketing, and Digital Media Practice BakerHostetler

IT’S NOT YOUR FATHER'S OLDSMOBILE: TEN THINGS YOU NEED TO UNDERSTAND TO COUNSEL IN ADVERTISING TODAY

This session will explore the profound shift in the philosophical underpinnings of advertising law. It's not just the rules that are evolving—it's the very way regulators, courts, and the NAD are thinking about our industry. We'll discuss these changes in the foundational approach and offer practical solutions to navigate them effectively.

Jeffrey Greenbaum

Managing Partner Frankfurt Kurnit Klein & Selz PC

GENERAL SESSION III

BRIDGING LEGAL FRONTIERS: NAVIGATING THE INTERSECTION OF LUXURY, WELLNESS, AND TECHNOLOGY

Embark on an immersive exploration of the legal developments at the crossroads of luxury, wellness, and technology. As consumer preferences continue to evolve, the boundaries between luxury, wellness, and technology blur, giving rise to innovative products and experiences. This presentation will offer a comprehensive analysis of the evolving legal landscape, delving into the complexities and opportunities arising from the convergence of these dynamic industries. Our discussion will spotlight the legal considerations inherent in this convergence, with a particular focus on advertising and technological advancements. From influencer marketing to augmented reality experiences, we will examine the regulatory frameworks governing advertising practices and the adoption of cutting-edge technologies in luxury wellness offerings.

Key Themes:

1. Regulatory Compliance: Analyzing the legal requirements governing advertising claims, endorsements, and disclosures in the luxury wellness sector.
2. Digital Transformation: Exploring the legal implications of incorporating technology-driven solutions such as AI, AR, and IoT into luxury wellness products and services.
3. Brand Engagement Strategies: Investigating the legal challenges and opportunities associated with leveraging digital platforms, social media, and influencer partnerships to enhance brand visibility and consumer engagement.

David Mallen

Co-Chair, Advertising Disputes; Chair, Retail & Consumer Brands Loeb & Loeb LLP

ROUNDTABLES WITH THE EXPERTS

We’ve moved the ever-popular roundtables from breakfast to lunch so that our attendees can enjoy them without having to get up early. Attendees are free to join any of the tables listed below – just look for the table number. If you are not interested, we will still have regular tables set aside for lunch as well. Please note that CLE credit will not be offered for lunch roundtables.

1. CONDUCTING SWEEPSTAKES, CONTESTS & PROMOTIONS ON SOCIAL MEDIA

Terese Arenth

Partner Moritt Hock & Hamroff LLP

2. DARK PATTERNS

Jim Dudukovich

Partner Nelson Mullins Riley & Scarborough LLP

3. STATE AND FEDERAL ACTIVITY ON “JUNK FEES” AND “ALL-IN” PRICE TRANSPARENCY

Christine Reilly

Partner Manatt, Phelps & Phillips, LLP

4. PRACTICAL TOOLS TO EASE THE BURDEN ON MARKETING LEGAL & EMPOWER THE BUSINESS

Heather Nolan

Partner InfoLawGroup LLP

5. AUTO RENEWING SUBSCRIPTION MODELS – LAWS AND CARD ASSOCIATION RULES

Marc Roth

Partner Cobalt LLP

6. CAUSE MARKETING

Christie Thompson

Partner Kelley Drye & Warren LLP

Q&A FIRESIDE CHAT WITH ANDRA MAZUR

Bezalel Stern

Partner Manatt, Phelps & Phillips, LLP

ARE WE SMARTER YET? HOW ARTIFICIAL INTELLIGENCE IS INFLUENCING ADVERTISING AND MARKETING RIGHT NOW, AND WHAT WE CAN EXPECT NEXT

Join a multi-disciplinary team from Venable LLP led by partner Melissa Landau Steinman that includes partners Justin Pierce (IP), Rob Hartwell (Privacy), and Meredith McCoy (Political Law) to discuss the latest regulatory and business developments in artificial intelligence and what’s on the horizon, with a focus on the topics most relevant to brand advertisers right now: advertising and promotions, consumer protection and regulatory issues; privacy; and trademark, copyright, and right of publicity protections. We’ll discuss some of the pluses and perils of the use of AI in marketing and take a look at some of the major AI campaigns this year, drilling down into some of the policy and legislative developments at the state and federal level and the ongoing push to regulate by Congress, the FTC and other federal agencies, and the states, as well as other countries and/or self-regulatory bodies. Then we’ll take a closer look at topics like deep fakes and impersonation, digital influencers, the effect of AI technologies on the use of classic advertising and promotional techniques, use of personal information by AI platforms, recent litigation and attempts to regulate IP – and, with the election just behind us, political advertising and what we’ve just seen happen on that front. Then, we’ll get out our crystal ball to take a stab at predicting what’s coming next, with Chevron deference in tatters and a new administration in the offing!  What could be more exciting, except perhaps letting AI generate the entire session on its own!?!

Melissa Landau Steinman

Partner Venable LLP

GENERAL SESSION VI

BREAKOUT 8A: MASTERING INTERNATIONAL ADVERTISING: TOP TIPS FOR ADVERTISING IN EUROPE, THE UK, CANADA, AND SOUTH AMERICA

Join GALA for this session, where we will shine a light on insights and trends in these key markets. We will explore the latest legal and regulatory developments, challenges and creative solutions in advertising and marketing across Europe, the UK, Canada, and South America. We’ll discuss the headline trends of 2024 and provide a glimpse into what 2025 holds from a legal and regulatory point of view – empowering advertisers, their clients, and advisers to keep ahead of the curve and to enjoy a competitive advantage.

Geraint Lloyd-Taylor

Partner & Co-Head, Advertising & Marketing Law Team Lewis Silkin LLP (UK)

BREAKOUT 8B

BREAKOUT 8C

BREAKOUT 8D: WHEN SHOPPING, SOCIAL MEDIA CONTENT, AND AI COLLIDE: SPOTLIGHT ON ECOMMERCE AND PLATFORM LITIGATION TRENDS

More and more, social media platforms are becoming destinations to shop, while ecommerce platforms are integrating games, entertainment, and other forms of creative content into shopping experiences. From capitalizing on user-generated, viral trends in marketing to Communications Decency Act (including proposed Section 230 amendments) and Digital Millennium Copyright Act safe harbor defenses, platforms and brands face unique challenges.  And AI is a major disruptor, presenting new risks and opportunities. This panel will explore litigation trends for platforms in this rapidly-changing space.

Anna Naydonov

Partner White & Case LLP

BREAKOUT 8E: “WE’RE PUTTING THE BRAND BACK TOGETHER” – GETTING THE MOST OUT OF BRAND PARTNERSHIPS WITH ARTISTS

Join us for a lively discussion on the cutting edge of brand-artist partnerships featuring Maxwell Zotz (Zotz), Head of Music at Music Audience Exchange. Our panel will walk through scenarios and what to consider when partnering talent with brands, including leveraging data and technology to boost engagement and ROI from such campaigns. This session will feature a live demonstration of the MAX live engagement tool (SET.Live) used at concerts & events.

Takeaways include:

• Fundamentals of a brand deal in the music industry (and elsewhere)
• Benefits of brand-artist partnerships, including leveraging first party data
• What are the terms involved in capturing data
• Privacy considerations for data capture and sharing in the campaign
• Choosing and securing talent
• Driving authentic engagement (lawfully)
• What to do when your talent goes rogue

Sarah La Voi

Partner BakerHostetler

BREAKOUT 9A: A FIRESIDE CHAT WITH CONNECTICUT’S ATTORNEY GENERAL

In recent years, advertising practices across all industries have increasingly become the subject of scrutiny by state regulators. Chief among these regulators has been state attorneys general. From automatic renewals to price transparency, state AGs are conducting investigations and bringing matters individually, in multistate actions, and in conjunction with federal agencies such as the Federal Trade Commission. In a fireside chat moderated by DLA Piper LLP, one of the leading attorneys general in the consumer protection arena – Connecticut Attorney General William Tong – will provide his perspective on enforcement and how businesses should navigate the regulatory landscape.

Jeffrey Tsai

Partner and Co-Chair, State AG Group DLA Piper

BREAKOUT 9B

BREAKOUT 9C

BREAKOUT 9D: RISK AND REWARD: NAVIGATING AI COMPLIANCE AND RISK ALLOCATION IN ADVERTISING

AI is revolutionizing advertising with game-changing creative capabilities and efficiencies, but it also brings a host of new legal risks. With emerging laws like the EU AI Act putting pressure on advertisers, agencies, and AI vendors, it’s crucial to understand how to navigate this complex landscape. Join our panel to discover how to craft contracts that balance risk fairly among all parties and learn practical strategies for staying compliant and minimizing liability under the latest AI regulations. Get the tools you need to turn AI’s potential into a strategic advantage without falling into legal pitfalls.

John Monterubio

Senior Counsel Loeb & Loeb LLP

BREAKOUT 9E

HOUSEKEEPING REMARKS

GENERAL SESSION VII

GENERAL SESSION VIII

GENERAL SESSION IX

CLOSING REMARKS