ANA Law Virtual One-Day Conference, Presented by DLA Piper

ENVIRONMENTAL ADVERTISING CLAIMS: AN INTERNATIONAL PERSPECTIVE

With brands in many sectors increasingly seeking to differentiate through their environmental credentials, regulators sharpening their focus on green claims, and the significant brand harm that follows accusations of greenwashing, there is a clear imperative for advertisers to ensure such claims are fully compliant. This session will consider the practical implications for global advertisers of running environmentally focused campaigns across multiple jurisdictions with differing approaches.  The panel will feature contributors from France, the U.K., Australia and the U.S., and will also consider how to approach substantiation, as well as issues with particular types of ads, such as those claiming carbon neutrality.

Moderator: Ben Mulcahy

Partner DLA Piper (U.S.)

KEY UPDATES IN FALSE ADVERTISING LITIGATION

This session will provide an update on key decisions in false advertising and will identify trends that advertisers should be aware of for the remainder of 2022 and heading into 2023.

Jeremy Schachter

Senior Associate Seyfarth Shaw LLP

FTC MID-YEAR REVIEW, INCLUDING CHALLENGES TO THE FTC’S AUTHORITY AND “PENALTY OFFENSE” NOTICES

The panel will provide a mid-2022 review of the FTC, focusing on the agency’s major enforcement actions and trends involving advertisers so far this year. It will include the FTC’s focus on "dark patterns," its revival of "Penalty Offense Notices" as one of its advertising enforcement weapons, and the potential impacts of the various legal challenges to existing FTC enforcement authority. The panel will also anticipate where the FTC’s regulation of advertising is headed under its new leadership, now that the Commission is finally at full strength. The discussion will include some practical methods for advertisers to avoid FTC problems, as well as tips on how to respond should they receive an FTC inquiry.

Andrew Sacks

Of Counsel DLA Piper

THE LEGAL ISSUES INVOLVED IN PRODUCING ADVERTISING CONTENT

This presentation will focus on the entire content production ecosystem, from a bird’s eye view of how a production functions, to the important legal issues and potential liabilities that arise in conjunction with budgeting and bidding, talent and union obligations, insurance, and project termination and postponement (and how COVID-19 has affected these issues). The discussion will also touch on how best practices and legal considerations differ among foreign versus domestic productions, union versus non-union productions, and large-scale video shoots versus smaller photo shoots.

Samantha Rothaus

Associate Davis+Gilbert LLP

BRAND ACTIVATIONS IN THE METAVERSE: A PRACTICAL CASE STUDY WITH CHIPOTLE

Chipotle was the first restaurant brand to open a virtual location on Roblox and the first restaurant brand that allowed players to exchange virtual items in the metaverse that could for real world items. This panel will discuss key legal and business considerations when structuring and activating branded initiatives in the metaverse. Chipotle legal and marketing executives will discuss practical considerations and the legal issues associated with metaverse marketing. The panel will also address on practical ways to address legal risks brands face when activating in the metaverse while maintaining a focus on the business objective of delivering an innovative marketing campaign. 

Mike McGawn

Deputy General Counsel, Operations Chipotle