2016 ANA/BAA Marketing Law Conference

This event is over.

The 2016 ANA/BAA 38th Marketing Law Conference, at the Downtown Chicago Marriott, Nov. 9-11, 2016 builds on the tradition as the broadest marketing and advertising law conference with deep practical legal content, fruitful networking and major CLE credits. Deep dives into all aspects of Marketing and Advertising Law and Digital Media; IP and Privacy, FTC, State A.G. and state-regulation (NAD, CARU), Lanham Act, Class Actions, with many new sessions and 5 more sessions added to the total; Hear from 125 of the nation's leading inside and outside counsel and federal, state and self-regulatory officials. In 2015 a record attendance of 750, with over 200 major brands present.

Keynotes: Terrell McSweeny, Commissioner FTC & Jordan McCollum, General Counsel, Oculus VR.

Law Conference Co-Chairs: Aba Rogers, Counsel - Worldwide Marketing Legal, Coca-Cola; Craig Moore, Senior Counsel/Officer, Digital/Social Media Advertising, Wells Fargo; Eric Fleisig-Greene, Associate Director, Legal, Twitter and Christopher Cole, Partner, Crowell & Moring LLP.

Brands speaking to date include: Airbnb, American Express, Buzzfeed, Expedia, Facebook, Intel, Lyft, MasterCard, McDonalds, Procter & Gamble, VISA, AT&T, WPP, Mondelez, Sears and 30 more!

Nov. 9th Sessions from 1-6pm and Nov. 10th & 11th – 2 full day Sessions. Two large cocktail parties with great networking on November 9th and 10th.

Attendees: legal and other professionals dealing with all aspects of Marketing and Advertising, I.P., Social and Digital Media, and Privacy issues, domestic and international.

For more information on sponsorship or speaker opportunities, contact Edward Kabak, at ekabak@baalink.org or Tel. 646-708-8123.

Hashtag for the event is #BAALAW

When
Begins:Wednesday, November 9, 2016 at 1:00pm
Ends:Friday, November 11, 2016 at 4:00pm
Where

Chicago Marriott Downtown Magnificent Mile
540 N. Michigan Avenue
Chicago, IL 60611

Main Hotel: Chicago Marriott Downtown Magnificent Mile
Unfortunately, the cutoff date to receive the ANA/BAA rate has passed. Pending the hotel’s availability, you may book a room at the main property at the prevailing rate by dialing 1-877-303-0104.

Overflow Hotel: AC Marriott Hotel Chicago Downtown
630 N. Rush Street
Chicago, IL 60611

The ANA has negotiated a special room rate of $239/night. To make your room reservation, please click here. You may also call the reservations department at 1-844-672-9070 and reference the ANA/BAA Marketing Law Conference. The cut-off date to obtain the ANA rate is Tuesday, November 1, 2016, after which prevailing rates apply. Please notify the hotel of any special needs that you may have.

Agenda
Wednesday, November 9, 2016
11:30am  

Registration Opens

7th Floor Registration Desk

1:00pm  

Breakouts

5th Floor

 

Basics of Promotion, Sweepstakes, Contests and Gaming/Fantasy Sports

This session will provide an introduction to sweepstakes and skill contests. It will include the key legal issues and the vocabulary you’ll need to best understand the rest of the conference.  Also covered will be the rules and requirements for these types of promotions.

Ross Weisman

Partner

Kirkland & Ellis LLP

Chicago ABC

 

Basics of Advertising: A Fresh Spin on Proof, Disclosures and Social Media

This session will cover important principles of advertising law. These principles will include when you need to prove your claims, what type of proof is required, how to make disclosures and how these principles apply in social media. In addition, it will cover options for challenging your competitors when they step out of line. If you’re new to advertising, this session will give you the information you need to put later sessions into context. Even if you’ve been doing this for a while, this presentation will put a fresh spin on important topics.

Gonzalo Mon

Partner

Kelley Drye & Warren LLP

Chicago D

 

Basics of Privacy, Data Security and Forensic Investigations

Led by a leading cyber security and privacy industry expert, this session will provide an overview of data security and privacy issues that exist. You will learn how to identify data security and privacy issues, how to prepare a data breach response plan, and how to respond to a data breach.

Brian J. McGinnis

Partner

Barnes and Thornburg LLP

JJ Thompson

CEO

Rook Security

Chicago FGH

 

Ethics for Lawyers

John P. Sahl

Professor

University of Akron Law School

Denver/Houston/Kansas City

 

Mobile Marketing

Co-Moderator: Jessica Lee

Associate

Loeb & Loeb LLP

Co-Moderator: Marc Roth

Partner

Manatt, Phelps & Phillips LLP

Genie Barton

VP/Dir-Online Behavioral Advertising Program & Mobile Marketing Initiatives

Council of Better Business Bureaus, Inc.

Kelsey Joyce

Senior Director, Legal Affairs

T-Mobile USA, Inc.

Josh Yaker

VP, General Counsel

HelloWorld

Chicago E

2:00pm  

New Strategies & Issues Negotiating the Agency/Client Agreement

Moderator: Robert Driscoll

Partner

Davis Wright Tremaine LLP

Mary Carragher

Chief Counsel, Trademarks NA/LA

Mondelez International, Inc.

Steve Kim

Legal Counsel

Spotify

Barbara Dent

Senior Vice President, Assistant Deputy General Counsel

RE:Sources USA

Chicago D

 

Basics of Consumer Fraud Class Actions

This session will provide an overview of the basic principles of consumer fraud class actions concerning false advertising claims. There will be a particular focus on strategies to defend against, and defeat these cases at various stages of litigation - from motion to dismiss phase, through discovery and class certification. 

Eileen Patt

Associate

Kramer Levin Naftalis & Frankel LLP

Alexandra Gerber

Vice President & Assistant General Counsel

Revlon, Inc.

Chicago ABC

 

The Explosion in TCPA Litigation on the Heels of FCC & Spokeo

TCPA litigation is at an all-time high on the heels of the FCC's July 2015 Ruling and the Supreme Court's Spokeo decision. This session will review some of the most important TCPA case developments, as well as discuss recent enforcement trends. This session will also provide key takeaways for marketing teams in contacting consumers via text messages, mobile apps and other communications.

Moderator: Terese Arenth

Partner

Moritt, Hock & Hamroff LLP

William Heberer

VP, Law Cable & Communications Product Management, Marketing & Sales

Altice USA (Formerly Cablevision)

Alycia Horn

Vice President and Deputy General Counsel

Comcast Corporation

Chicago FGH

 

Third Party Rights: Acquisitions, Creative, Licensing and Network Clearances

Moderator: Robert Newman

Partner

Winston & Strawn LLP

Greg Brehm

Assistant General Counsel

Buzzfeed, Inc.

Eric Fleisig-Greene

Associate Director, Legal

Twitter

Craig Moore

Senior Counsel

Wells Fargo & Co.

Chicago E

3:00pm  

Advanced Social Media Sweepstakes/Skill Contests/ The Major Platforms & Pitfalls

Consumers love to “Like”, “Follow” and “Tweet” about their favorite brands.  Marketers love how social media platforms provide them with targeted customer interactions.  However, marketers must carefully structure their social media sweepstakes and contests. This session will explore some of the potential legal issues and pitfalls that marketers face when using social media and the strategies to avoid them. 

Moderator: Jay Newman

Partner

Fish & Richardson P.C.

Richard Lowenthal

Managing Partner

The Game Agency

Cynthia Walden

Partner

Fish & Richardson P.C.

Chicago ABC

 

Hashtags, Social Media and other Hot Trademark Developments

Moderator: Kristin Achterhof

Partner

Katten Muchin Rosenman LLP

Robert D. Forbes

Assistant General Counsel

Washington Redskins

Miri Miller

General Counsel

Dentsu Aegis Network

Chicago FGH

 

Insider’s Guide to Programmatic Advertising and the Multiple Ways of Buying Digital Media

James Taylor

Partner and Co-Chair

Loeb & Loeb LLP

Brett Celedonia

Senior Counsel, Digital Media, Advertising & Marketing

Netflix Inc.

Chicago D

 

State A.G. Policy Enforcement Priorities in Consumer Protection - An inside and outside look

Moderator: Richard Lawson

Partner

Manatt, Phelps & Phillips LLP

Victoria Butler

Director, Consumer Protection Division

Florida Office of the Attorney General

Joanne McNabb

Director, Privacy Education and Policy

Office of the California Attorney General, Cal DOJ

Paul Singer

Deputy Chief

Consumer Protection Office of the Texas AG

Laura Levine

Deputy Bureau Chief

Office of the Attorney General of the State of New York

Chicago E

4:00pm  

Advanced Review of Olympics, FIFA, Sponsorships, & Ambush Marketing

Moderator: Benjamin Mulcahy

Partner, Co-Chair - Trademark, Advertising & Unfair Competition Practice

Jenner & Block LLP

Thomas A. Adams

Associate Director and Associate General Counsel

The Procter & Gamble Company

Ashley Fisher

Counsel, Global Brands and Sponsorship

VISA Inc.

Chicago D

 

Developments in Commercial Speech, Compelled Disclosure & FCC Updates

This session will explore the current state of commercial speech doctrine. There will be a particular emphasis on the increasing use of compelled disclosures and disclaimers, and will include a discussion of the extent to which the Federal Communications Commission is expanding its jurisdiction to require commercial disclosures.

Ronald G. London

Of Counsel

Davis Wright Tremaine LLP

Denver/Houston/Kansas City

 

Enforcing Trademarks and Protecting Your Brand - Strategies That Work!

Brand Protection Strategies through multiple channels that are effective and go beyond mere pooling of rules, and counseling to use the brand elements correctly.

Greg Bennett

Senior Counsel

Locke Lord LLP

Chicago ABC

 

Promotional Tactics- Coupons, Rebates, and Experiential Marketing/Pokemon GO Everywhere

Advanced practical learning about the latest kind of simple and complex promotions, including the Pokémon Go phenomenon!

Moderator: Barry Benjamin

Partner

Kilpatrick, Townsend & Stockton LLP

Daniel Cole

Partner

Gowling WLG

John Feldman

Partner

Reed Smith LLP

Chicago E

 

Made in the USA Claims – FTC & California Perspectives

As the marketplace trends towards American-made products, companies are growing eager to source goods in the United Staes and use an unqualified "Made in USA" claim on labels and packaging.  The rules that allow "Made in USA" claims are not well-defined and are fraught with subtle complexities.  Federal enforcement by the FTC (administratively and through litigation) is on the rise, as are consumer class actions for misrepresenting U.S. origin, especially in California.  This session will provide invaluable insight into the latest FTC and California enforcement actions. It will also offer guidance on how to grasp the ever-evolving interpretations of the "Made in USA" rules, and how to harmonize the FTC requirements with those of the revised "Made in USA" labeling law in California.

Katheryn Barrett Park

Senior Counsel, Advertising and Brand Management

General Electric Company

Scott A. Cohn

Counsel

Arent Fox LLP

Chicago FGH

5:00pm  

SAG AFTRA

During her session, Stacy Marcus, legal counsel to the ANA-4A’s Joint Policy Committee on Broadcast Talent Union Relations, will provide an insider perspective on the new 2016 SAG-AFTRA Commercials Contracts.  This session will offer an opportunity for attendees to learn the intricacies of the new deal from one of the Contracts’ lead negotiators.   Stacy’s presentation will cover key changes to the Commercials Contracts, including the new Social Media Waiver and the Experimental Coverage Waiver for Non-Professional Endorsers, and how such changes impact commercials on both traditional and digital advertising mediums.  

Stacy Marcus

Partner

Reed Smith LLP

Chicago ABC

 

Regulatory Tightening of Consumer Relationship Marketing in Europe & North America

Data and personal information flow across international borders is essential in today's global marketplace. But, with different and evolving standards in various jurisdictions, it can be hard to keep up. You will hear from both in-house and external legal perspectives on key developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate

Partner

Miller Thomson LLP

Angie Morris

Director and Senior Counsel

Hershey Canada

Rhonda McLean

Deputy General Counsel

Time Inc.

Brinsley Dresden

Partner

Lewis Silkin LLP

Chicago FGH

 

Disruptive Innovations in the Shared Economy

Moderator: David Ervin

Partner

Crowell & Moring LLP

Alica Del Valle

Senior IP and Marketing Counsel

Airbnb

Suemyra Shah

Vice President, Business and Legal Affairs

Whistle Sports

Chicago E

 

Hot Button Issues in Real Time Marketing & Social Media

Moderator: Joseph Lewczak

Partner

Davis & Gilbert LLP

Aba Rogers

Global Marketing Counsel

Coca-Cola Company

Caroline Selfridge

Managing Counsel, Global Marketing & Communications Legal Group

Intel Corporation

Edward Lance

Senior Counsel

McDonald’s Corporation

Chicago D

6:00pm  

Cocktail Party  

Chicago Ballroom Foyer

Thursday, November 10, 2016
7:00am  

Registration

7th Floor Registration Desk

7:15am  

Breakfast  

Chicago Ballroom

8:15am  

General Session

Opening Remarks & Introduction of Co-Chairs

Ed Kabak

Senior Vice President, Chief Legal Officer

ANA / BAA

Grand Ballroom

8:25am  

Opening Remarks

Bob Liodice

Chief Executive Officer

ANA

8:45am  

Year in Review, Sweepstakes, Contests, Privacy, Digital & Social Media

Led by industry leader Linda Goldstein, she will give highlights of the year in the industry, as well as provide key strategies, tactics and an insider's look at how to deal with the major issues of the day.

Linda A. Goldstein

Partner

Manatt Phelps & Phillips LLP

9:40am  

New Technology Platforms: Great Opportunities, Real Risks

This session will provide an in-depth, hands-on look at how marketers are using new technologies. It will also explain how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Kenneth Florin

Co-Chair of Advanced Media & Technology Practice, Partner

Loeb & Loeb LLP

10:35am  

Coffee Break  

Grand Ballroom Foyer

10:55am  

General Session Cont.

Grand Ballroom

 

NAD from the Inside Out: With An Added Dose of Claims and Strategic Advice

Moderator: Nancy Felsten

Partner

Davis Wright Tremaine LLP

Martin Zwerling

Deputy Director

National Advertising Division (NAD)

Kenneth Blackburn

Associate Director & Associate General Counsel

The Procter & Gamble Company

11:50am  

All About Native Advertising – The Experts’ Views

Moderator: Amy R. Mudge

Partner

Venable LLP

Sarah La Voi

Associate General Counsel

RE:Sources USA

Richard Cleland

Assistant Director - Division of Advertising Practices

Federal Trade Commission

Po Yi

Partner

Venable LLP

12:45pm  

Lunch & Keynote: FTC Policy & Enforcement Priorities

Terrell McSweeny

Commissioner

Federal Trade Commission

Chicago Ballroom

2:00pm  

General Session Cont.

Grand Ballroom

 

Developing Aggressive Marketing Campaigns in a Hyper-risk World

This session will review the risks, rewards and challenges of major ad campaign launches. It will focus on the major question of how do internal and external counsel work together to assess and minimize risk, while helping the business communicate the strongest possible messages?

Moderator: Christopher Cole

Partner

Crowell & Moring LLP

Ted Suzuki

Vice President, Deputy General Counsel

DIRECTV

Jeff Curtin

Vice President, Deputy General Counsel

Kimberly-Clark Corporation

2:50pm  

Retail Marketing

This session will cover key issues including - recent enforcements and actions in sale/price advertising, issues and best practices for retail geo-targeted advertising, retailer liability for infringement and claim substantiation, and concerns for online retailers under New Jersey's warranty law.

Moderator: Monique Bhargava

Associate

Winston & Strawn LLP

Mark Richardson

Senior Counsel

Target

Brandi van Leeuwen

Corporate Counsel

Meijer, Inc.

Kate Eguchi

Team Leader, Technology & Marketing Legal Team

Whole Foods Market, Inc.

3:50pm  

Coffee Break  

Grand Ballroom Foyer

4:00pm  

Breakouts (1)

Chicago Ballroom

 

Is Privacy Bearable, When Technology is Wearable – A Review of Key Privacy & Internet of Things

Matthew Lawless

Counsel - Global Privacy Cyber Security IT Law

The Procter & Gamble Company

Catherine Mennenga

Global Executive Brand Counsel

General Electric Company

Co-Moderators:

Gary Kibel

Partner, Digital Media, Technology and Privacy

Davis & Gilbert LLP

Brian Nixon

Partner

Loeb & Loeb LLP

Chicago ABC

 

Anatomy of a False Advertising Jury Trial- From Preliminary Injunction through Damages

Drawing on an actual case study from a federal Lanham Act action, this session will provide an overview of strategic considerations at every stage of false advertising litigation – from the preliminary injunction phase, through a jury trial on damages.  Among the subjects to be addressed, will be early case assessment, maximizing discovery, the role of surveys and expert witnesses, and effective trial techniques.

Norman C. Simon

Partner and Co-chair, Advertising Litigation

Kramer Levin Naftalis & Frankel LLP

Chicago D

 

Cause Marketing

This session will focus on the latest compliance for cause-marketing programs, as well as social media. Topics that will be addressed are charitable sales promotions, donations at checkout, and free-action programs - including case studies from Macy’s and UPS. Key takeaways will provide an overview of compliance for each type of program, plus state-by-state reference materials. 

Moderator: Edward Chansky

Shareholder

Greenberg Traurig LLP

Paula L. Barnes

Senior Counsel, Law Department

Macy's Inc.

James T. Harris

Corporate Counsel

United Parcel Service, Inc. (UPS)

Chicago E

 

Global Advertising GALA

Organizing and running a sweepstakes across different countries can feel somewhat like a game of chance in itself. A thoroughly international GALA panel from Peru, Zimbabwe, Colombia, Singapore/Malaysia and Ireland will shed their light on relevant rules and regulations across jurisdictions. The panel, moderated by Daniël Haije (Netherlands), will help facilitate the knowledge on how a “knowhow” giveaway, offering insight into local particularities and practicable tips & tricks, will make cross border contest organizer's lives easier.

Moderator: Daniel Haije

Partner

Hoogenraad & Haak (Netherlands)

Conor Griffin

Partner

Duncan Grehan & Partners (Ireland)

Brenda Wood Kahari

Partner

B.W. Kahari Law Offices (Zimbabwe)

Eliana Lesem

Lawyer

Martinot Abogados (Peru)

Patrick Mirandah

CEO

Patrick Mirandah Co. (Singapore)

Juan Carlos Uribe

Partner

Triana, Uribe, Michelsen (Colombia)

Chicago FGH

5:00pm  

Breakouts (2)

Chicago Ballroom

 

Brands & Music – Best Practices in Navigating Shifting Trends

This session will provide an overview of the key legal issues surrounding today’s trending (and changing) sponsorship, and advertisement activities, involving brands and music. Discussion will focus on the various strategies a brand should consider adopting before launching any such campaigns.

Moderator: A.J. Correale

Member

Frost Brown Todd LLC

Dave Santaniello

Senior Vice President, Rights and Partnerships

United Entertainment Group

Bethany Ammons

Legal and General Affairs Coordinator

Perfetti Van Melle USA, Inc.

Navine Karim

Head of Business and Legal Affairs

Red Bull Media House NA, Inc.

Chicago ABC

 

What’s New in Consumer Class Actions’

Consumer class actions have become the most common type of false advertising challenge, far outnumbering Lanham Act suits, NAD challenges or FTC proceedings. Too many corporations still view these class actions as nuisances, but many companies that take this approach often wind up paying huge settlements and, perhaps even worse, incurring extensive bad publicity. In this session, you will hear what types of advertising claims, and which industries have become the biggest targets of the class action bar. You will also learn how best to defend these cases, as well as how not to, along with what types of alternative fee arrangements are most, and least likely to save legal fees without putting the outcome of the case in jeopardy.

Lawrence I. Weinstein

Partner

Proskauer Rose LLP

Chicago D

 

Married to the Mob: Using Crowdsourced Data as Substantiation

This session will focus on Crowdsourcing Substantiation. When consumers post reviews, interact with social media platforms, and use applications and other technology, a staggering amount of data is collected.  In this session we will explore when, and how, you can use this data to create and substantiate advertising claims.  We will review the latest NAD decisions and guidance from the FTC, and tap into the unmatched wisdom of the “mob” of attendees through interactive facilitation.

Brian Murphy

Partner

Frankfurt Kurnit Klein & Selz PC

Chicago E

 

Data Centric Marketing Trends in Data Collection Use and Security

This session will discuss cross-device tracking and targeting, location-based in-store tracking and targeting and FCC potential rulemaking. It will also focus on the FTC and data security issues, as well as the impact of California state privacy laws.

Moderator: Alan Friel

Partner

BakerHostetler

Nick Johnson

Partner

Osborne Clarke LLP

Jason M. Adler

Attorney

Federal Trade Commission

Struan Robertson

Senior Product Counsel

Google

Chicago FGH

6:00pm  

Cocktail Party

Chicago Ballroom Foyer

Friday, November 11, 2016
7:00am  

Registration

7th Floor Registration Desk

7:15am  

Roundtable Breakfasts with the Experts

Chicago Ballroom

 

Breakfast  

 

Social Media & Rights of Publicity in the Aftermath of the Hulk Hogan v. Gawker Case

Mary Ann L. Wymore

Officer

Greensfelder, Hemker & Gale, P.C.

 

Black & White Answers to Questions & Sweepstakes Agency Gets Daily

Larry Berney

Chief Operating Officer

Don Jagoda Associates

 

Enforcement of Trademarks, Counterfeiting and Other Issues

Brian Bloom

Partner

Morritt Hock & Hamroff LLP

 

Native Advertising

Fernando Bohorquez

Partner

BakerHostetler

 

Consumer Product Safety Issues

Katie Townley

Attorney

Kelley Drye & Warren

 

Latest Developments in Alcohol Marketing

Scott Schleifstein

Partner

Cohen Silverman & Rowan LLP

 

Branded Content: How To Tell Brand Stories In Europe

Claire Bouchenard

Partner

Osborne Clarke LLP

 

Implications of Brexit for International Brands and Agreements

Jo Farmer

Partner

Lewis Silkin LLP

 

Key Problems in Digital Transactions: Data Analytics, Native Advertising & Mobile

Farah Cook

Senior Counsel

Patrick Law Group, LLC

Linda Henry

Deputy Counsel and Vice President of Operations

Patrick Law Group, LLC

 

Loyalty Programs

Jason Gordon

Counsel

Reed Smith LLP

 

Fantasy Contests: The Latest Developments

Robert LaPlaca

Partner

Verrill Dana LLP

 

The “Art” of Art Buying in Advertising

This session will focus on the legal issues in clearing out photography and film in advertising, as well as the best practices for negotiating Licenses.

Sandra Leib

General Counsel

DDB Chicago

 

Influencers, Fake Reviews and Social Media- How the UK & Europe Make Digital Marketing Issues Global

Daniel Smith

Director & Head of Advertising Law UK

Gowling WLG

 

FTC Cares About Disclosing Social Paid Hashtag Ads and So Should You

Adam Solomon

Partner

Michelman & Robinson, LLP

Patricia Doyle

Senior Ad Law Compliance Manager

Microsoft Corporation

 

TCPA: New FCC Developments and their Impact on Marketers

Andrew Lustigman

Partner

Olshan Frome Wolosky LLP

 

Canada: Spam Problems & Other Hot Issues

Jennifer McKenzie

Partner

Bereskin & Parr LLP

Catherine Lovrics

Partner

Bereskin & Parr LLP

8:15am  

Introduction

Ed Kabak

Senior Vice President, Chief Legal Officer

ANA/BAA

Grand Ballroom

8:30am  

Legislative Year in Review

A leading expert on Washington politics, and the economy, brings you right up to date on what the 2016 election means for our industry and the country.

Dan Jaffe

Group Executive VP, Government Relations

ANA

9:00am  

Brand Activation – Law in Review

How does a company today compete aggressively using the tools and disciplines of Shopper, Experiential, Influencer and Promotions Marketing together with the key media platforms of Social, Mobile and Digital? This session will focus on what the risks and rewards are, the pitfalls and practice tips, and what others are doing that you should be doing. Whether you are a brand, agency, retailer, publisher, media or technology company, lawyer or a non-lawyer- please join us to experience another educational and creative adventure.

Ronald Urbach

Chairman & Co-Chair of the Advertising, Marketing & Promotions Practice

Davis & Gilbert LLP

10:00am  

Coffee Break  

Grand Ballroom Foyer

10:15am  

General Session Cont.

Grand Ballroom

 

Advertising Year in Review

What were the biggest advertising law developments of the year?  What cases do you need to know about?  This session will cover the most important advertising law cases of the year from the Federal Trade Commission and the National Advertising Division.  

Moderator: Jeffrey A. Greenbaum

Managing Partner

Frankfurt Kurnit Klein & Selz PC

Rebecca L. Griffith

Senior Staff Attorney

National Advertising Division (NAD)

Richard Cleland

Assistant Director - Division of Advertising Practices

Federal Trade Commission

11:10am  

How Much is Enough? Cyber Security in a Big Data World

Alan Sutin

Shareholder

Greenberg Traurig LLP

Ian Ballon

Shareholder

Greenberg Traurig LLP

Rodrigo Loureiro

Chief Information Security Officer

Laureate

12:00pm  

Lunch & Keynote Speaker

Jordan McCollum

General Counsel

Oculus VR

Chicago Ballroom

1:15pm  

Coffee Break & Dessert  

Chicago Ballroom Foyer

2:00pm  

Breakouts (1)

Chicago Ballroom

 

Children’s Advertising

This session will explore hot topics in children’s advertising, which range from social media and online privacy, to mobile apps, endorsements and native advertising.

Co-Moderator: Allison Fitzpatrick

Partner

Davis & Gilbert LLP

Co-Moderator: Jason Howell

Partner

Perkins Coie LLP

Phyllis Spaeth

Assistant Director, CARU

Council of Better Business Bureau

Nur-ul-Haq

Vice President, Counsel, Kid’s Compliance

Viacom

Chicago D

 

Right of Publicity

Your clients are obtaining rights in content created by media and other content creation entities accustomed to creating editorial as opposed to advertising content. What are best practices in disclosing the brand’s connection to the content when it is published in different forms and media, including as a vehicle or consideration for advertising placements and revenue shares. How should indemnification work?

Moderator: Rick Kurnit

Partner, Advertising, Marketing, IP and Employment

Frankfurt Kurnit Klein & Selz PC

Ellie Boragine

Vice President

American Express

Steven Weissman

Vice President & Deputy General Counsel

Time Inc.

Chicago E

 

Celebrity Talent

This panel will explore the negotiation techniques, strategies and key issues involved in crafting a deal with celebrity talent. Advertisers are increasingly engaging celebrities, as well as “influencers”, to help promote their brands and spread their content and messages across digital and social media. This session will explore the legal nuts and bolts and best practices for these campaigns, from the perspective of the brand and the agency. It will include FTC enforcement trends, guidelines for endorsements and testimonials, and the effective use of disclosures across different channels.

Moderator: Gina Reif Ilardi

Partner

Jenner & Block LLP

Peter Petros

General Counsel

Edelman

Amanda Conti-Duhaime

Head of Advertising, Marketing & Promotion Group

Fiat Chrysler Automotive NA

Ankan Patel

Vice President and Senior Counsel, Marketing & Sponsorships

MasterCard Worldwide

Chicago ABC

 

Complex Loyalty Programs

Loyalty programs are increasingly popular with both brands and businesses, but they are also more and more frequently the target of class action litigation and regulatory enforcement. These programs may incorporate free perks, sweepstakes, member-only coupons and discounts, as well as the opportunity to earn products, gift cards and even elaborate experiences. Join the in-house counsel working with some of the biggest loyalty programs in the business, to explore the legal and practical issues involved in establishing, changing, and/or terminating loyalty programs. 

Eric Anderson

Associate General Counsel, Marketing and Advertising

Sears Holdings Corporation

Stacey Olliff

Senior Vice President

Prodege, LLC

Mark Odegard

Senior Director

Best Buy Company, Inc.

Chicago FGH

3:00pm  

Breakouts (2)

Chicago Ballroom

 

Problems in Substantiating Advertising Claims

This session will examine key areas of focus when considering product testing design to substantiate or challenge advertising claims. It will look at the burden placed on the advertiser and challenger in the various advertising contexts and forums, and the impact each specific burden has on testing design. It will consider the various types of common advertising claims and the method of testing that may be used to support each type of claim, as well as examine key product testing principles and test design considerations. The session will conclude by discussing select Lanham Act and NAD cases where the outcome turned on issues of test design and implementation, and explore key takeaways from those decisions.

Alexander Kaplan

Partner

Proskauer Rose LLP

Chicago D

 

Consumer Engagement in a Post 60-Second Spot World- Adding Value through Branded Entertainment

Craig Cardon

Partner

Sheppard, Mullin, Richter & Hampton LLP

Doug Scott

Founding Partner

kodezero

Chicago E

 

Consumer Review: A Double Edge Sword

Jamie Rubin

Partner

Information Law Group LLP

Jennifer Babin

Senior Director, Legal

Expedia, Inc.

Chicago ABC

 

Healthy, Natural and GMOs: Hot Food Marketing Claims

Moderator: Phyllis Marcus

Counsel

Hunton & Williams

Stacy Ehrlich

Partner

Kleinfeld, Kaplan & Becker LLP

Richard Cleland

Assistant Director - Division of Advertising Practices

Federal Trade Commission

Laura Protzmann

Senior Counsel

Unilever United States, Inc.

Chicago FGH

4:00pm  

Conference Adjournment


Cancellation Policy and Notes

Single ANA member and non-member conference registrations can be cancelled in writing only via email (registration@ana.net). Phone cancellations are not accepted. A 50% refund will be granted, if written request for cancellation is received by email 60 calendar days before the conference start date. No refunds will be granted for any cancellations received less than 60 days out or for 'no shows.' Corporate packages are not eligible for cancelation. 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 coupon during the registration process. A $125 processing fee will be assessed to change the name on a registration. Hotel room cancellations must be sent directly to the hotel. Please contact the hotel for further details.

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.

 

BAA Financial Aid Hardship Policy Summary

The 38th Annual BAA Marketing Law Conference (Nov. 9-11, 2016 - Chicago, Illinois)

The 2016 financial aid policy of the ANA/BAA Marketing Law Conference is to offer:

1) Students and academics, and

2) Lawyers, including those in transition, demonstrating financial hardships such as unemployment, a scholarship in the form of a reduced rate of $695.00 or complimentary registration, as may be appropriate, for registration in lieu of the non-member rate of up to $2,945.00.  Proof may be required of academic or hardship status, including in the latter case, demonstration of unemployment or adverse financial status.

3) Application may be made for Financial Hardship by sending a letter to: Brand Activation Association, 708 Third Avenue, 33rd Floor, New York, N.Y. 10017 – Attn: Ed Kabak, Chief Legal Officer or by email to ekabak@baalink.org

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