2017 ANA/BAA Marketing Law Conference

This event is over.

The 2017 ANA/BAA 39th Marketing Law Conference: Breakthrough: Legal Strategies for Dynamic Businesses builds on its reputation as the broadest marketing advertising and privacy law conference with deep practical legal content, fruitful networking, and major CLE credits. Deep dives into all aspects of marketing and advertising law, social and digital Media, IP and privacy, FTC, State A.G. and self-regulation (NAD, CARU), Lanham Act, and Class Actions, with many new sessions to be added. Hear from 135 of the nation's leading inside and outside counsel and federal, state, and self-regulatory officials. In 2016, there were 730 attendees with over 210 major brands present. Keynote: Thomas Pahl, Acting Director of the FTC’s Bureau of Consumer Protection.

Law Conference Co-Chairs: Cisca Brouwer, Associate General Counsel, Snap Inc.; Amanda Conti-Duhaime, Lead Counsel, Advertising, Marketing & Promotion, FCA US LLC; Doron Goldstein, Partner, Katten Muchin Rosenman LLP; and Brent Sanders, Assistant General Counsel, Microsoft Corporation

Brands speaking to date include: Fiat-Chrysler, Snap, Airbnb, Avis, American ExpressBuzzfeed, Citibank, Coca-Cola, ComcastDunkin’ Brands, Dyson, Facebook, Google, HBOIntel, Meijer, Mastercard, Major League Soccer, Microsoft, Netflix, McDonald’s, Oculus VR, Sony, PetSmart, Procter & Gamble, Cablevision/Altria, Mondelez, Revlon, Target, T-Mobile, Twitter, Twitch TVTurner Sports, Verizon, Whistle Sports, Whole Foods, and many more.

The hashtag for this conference is #MarketingLaw

Sponsorship opportunities for this year's Law Conference - contact Ed Kabak at 646-708-8123 or ekabak@ana.net

When
Begins:Monday, November 13, 2017 at 1:00pm
Ends:Wednesday, November 15, 2017 at 4:00pm
Where

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

The ANA has negotiated a special room rate of $309/night. To make your room reservation, please click here. You may also call the reservations department at 877-303-0104 and reference the ANA/BAA Conference. The cut-off date to obtain the ANA rate is Friday, October 27, 2017, after which prevailing rates apply. Please notify the hotel of any special needs that you may have.

Agenda

Co-Chairs:

Cisca Brouwer
Associate General Counsel
Snap Inc.

Amanda Conti-Duhaime
Lead Counsel, Advertising, Marketing & Promotion
FCA US LLC

Doron Goldstein
Partner
Katten Muchin Rosenman LLP

Brent Sanders
Assistant General Counsel
Microsoft Corporation

Monday, November 13, 2017
11:30am  

Registration Opens

7th Floor Registration

1:00pm  

Breakout Sessions

 

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

This session will provide an introduction to sweepstakes and skill contests, including 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 and a study of the latest on the conflicted world of fantasy sports.

Moderator: Barry Benjamin

Partner

Kilpatrick, Townsend & Stockton LLP

View Presentation

Chicago FGH

 

Basics of Advertising: A Brand-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. 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.

Moderator: Gonzalo Mon

Partner

Kelley Drye & Warren LLP

Chicago ABC

 

Transformative Trademarks and Brands & Politics

A review of trademark law, including the basics and the latest big issues in the legal arena.

Kristin Achterhof

Partner

Katten Muchin Rosenman LLP

Stacy Chronopoulos

Chief Trademark Counsel

Wm. Wrigley Jr. Company

View Presentation

Denver/Houston/Kansas City

 

Substantiating Advertising Claims: Views from Inside and Outside Counsel

Substantiation for advertising claims is one of the most important and challenging matters that marketers and their lawyers face. We will explore issues and questions that frequently arise in developing support for claims, evaluating claims by competitors, how inside counsel can work successfully with marketing and R&D, and how inside and outside counsel can most effectively and efficiently work together.

Moderator: Alexander Kaplan

Partner

Proskauer Rose LLP

Candace Sady

Chief Marketing Counsel

Hill's Pet Nutrition

View Video and Presentation

Chicago D

 

How to Negotiate the New Agency/Client Agreements

This session will present the viewpoint of both the brand and the agencies in negotiating the tricky terrain of agency-client agreement in light of recent developments.

Moderator: Robert Driscoll

Partner

Davis Wright Tremaine LLP

Sandra Leib

General Counsel

DDB Chicago Inc.

Daniel Nemet-Nejat

Associate Counsel

Home Box Office

View Presentation

Chicago E

2:00pm  

Price and Sale Advertising - A Dynamic Landmine?

Advertisers and retailers and facing increasing challenges regarding sale and price advertising and claim substantiation. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation, and strategies for addressing dynamic pricing and geo-targeting.

Moderator: Jason Howell

Partner

Perkins Coie LLP

Brandi Van Leeuwen

Senior Counsel

Meijer Inc.

Mark Richardson

Director Counsel, Merchandising & Marketing

Target Corporation

Maureen Kats

Senior Counsel

PetSmart Inc.

Chicago ABC

 

State AG Policy Enforcement Priorities in Consumer Protection – The Last Line of Defense?

This session will cover important development in state AG policy and enforcement, including in the much-debated privacy area.

Moderator: Richard Lawson

Partner

Manatt, Phelps & Phillips LLP

Jordan Adler

Asst. Attorney General, Bureau of Internet & Technology, N.Y.

State Office of the Attorney General

Brad Schuelke

Asst. Attorney General, Internet & Privacy Team, Consumer Protection Div.

Texas Office of Attorney General

Chicago E

 

3rd-Party Rights: Brand Licensing Network Clearances and Complex Rights Acquisitions

Co-Moderator: Aaron Taylor

Partner

Davis & Gilbert LLP

Co-Moderator: Melanie Howard

Partner

Loeb & Loeb LLP

Mary A. Carragher

Chief Counsel, Global Marketing & Media

Mondelez International, Inc.

Kristin Manley

Associate Legal Director, Marketing

Twitter

Brian Fergemann

Sr. Counsel

McDonald’s Corporation

View Video and Presentation

Chicago D

 

Case Study in Theater and Film Promotions

Moderator: Gina Reif Ilardi

Partner

Jenner Block LLP

Rachel Kimbrough

SVP Business & Legal Affairs

STX Entertainment

Kesari Ruza

VP Legal Affairs

Home Box Office

View Presentation

Denver/Houston/Kansas City

 

Regulatory Oversight of European, Canadian and American Consumer Marketing in 2018

Data and personal information flow across international borders is essential to today’s global marketplace. But with different and evolving standards in various jurisdictions, it can be hard to keep up. And the GDPR effective in early 2018 may throw the whole U.S.-Europe system into chaos. Hear both in-house and external legal perspectives on developments impacting privacy, anti-spam and data issues in the U.S., Canada and Europe.

Moderator: Catherine Bate

Partner

Miller Thomson LLP

Rhonda Joy McLean

Deputy General Counsel

Time Inc.

Sara Perry

Advertising, Business & Legal Affairs

NBC Universal Media, LLC

View Presentation

Chicago FGH

3:00pm  

Compelled Disclosure, the First Amendment and a New Path for the FCC on Privacy and Net Neutrality

This session will explore the current state of commercial speech doctrine, with particular emphasis on the increasing use of compelled disclosures and disclaimers. This will include a discussion of the extent to which recent developments concerning the Federal Communications Commission affect the law and best practices.

Moderator: Robert Corn-Revere

Partner

Davis Wright Tremaine LLP

View Presentation

Chicago ABC

 

Best Practices for Brands Negotiating Sports Marketing Agreements

What are the best practices in representing leagues, teams and brands concerning sports marketing? An advanced practical session.

Moderator: Thomas Adams

Associate Director & Associate General Counsel

The Procter and Gamble Company

Caesar Lopez

Lead Counsel

Major League Soccer

Sarah Dale

Sr. Director, Negotiations & Client Services

Genesco Sports Enterprises

Alan Sutin

Shareholder

Greenberg Traurig, LLP

Chicago FGH

 

The Right of Publicity vs. Fake News and Other Content Claims

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 does fake news play into this arena?

Moderator: Rick Kurnit

Partner

Frankfurt, Kurnit, Klein & Selz, P.C.

Eric Baum

SVP, Business & Legal Affairs

Sony Pictures Entertainment Inc

Greg Brehm

Vice President & Associate General Counsel

Buzzfeed

Tori Chami

Vice President & Senior Counsel

American Express Company

Chicago E

 

Autonomous Cars & Other Devices

Moderator: John Feldman

Partner

Reed Smith LLP

Kimberly Y. Chainey

Associate General Counsel, Global M&A, Strategy and Innovation

Avis Budget Group, Inc.

Frank Cona

Chief IP Counsel, Chief Privacy Officer

ADT Security Services

View Presentation

Denver/Houston/Kansas City

 

“Natural” Advertising Claims: Lessons from Recent Developments in Consumer Class Actions & Beyond

It’s no secret: a “natural” label claim on any product is a target for a potential challenger, particularly for the plaintiffs’ bar in consumer class actions. Over the past several years, hundreds of class actions challenging “natural” claims on the labels of food, dietary supplements, personal care products and pet care products have been filed in federal and state courts around the country.

This breakout session will present an update on “natural” claim litigation in consumer class actions, Lanham Act cases, NAD challenges, as well as regulatory developments. We will discuss lessons from these cases, including strategies to mitigate risk when developing advertising claims.

Eileen Patt

Partner

Kramer Levin Naftalis & Frankel LLP

Megan Frient

Senior Counsel, Global Litigation & Dispute Resolution

The Procter & Gamble Company

Brie Janke

Senior Counsel, Brand Legal

The Procter & Gamble Company

View Video and Presentation

Chicago D

4:00pm  

Best Transactional Practices for the Programmatic Advertising Ecosystem

Moderator: James D. Taylor

Partner & Co-Chair Advanced Media and Technology

Loeb & Loeb LLP

Brett Celedonia

Senior Counsel, Digital Media, Advertising/Marketing

Netflix Inc.

Sarah La Voi

Assistant Deputy General Counsel

Re:Sources USA

View Presentation

Chicago ABC

 

Ethics for Lawyers

Jack P. Sahl

Professor

University of Akron Law School

View Presentation

Chicago FGH

 

The Shared Economy: Disruption Continues

Moderator: David Ervin

Partner

Crowell & Moring LLP

Alica Del Valle

Senior VP & Marketing Counsel

Airbnb

David Morris

VP & Associate General Counsel

Trip Advisor

Michael Bayer

Corporate Counsel, Litigation & Risk

Care.com

Denver/Houston/Kansas City

 

Metrics & Monitoring Efficiencies and the Performance of Social/Digital Media Advertising

You’ve run your campaign – how do you know how well it did? This session will discuss how to assess performance, especially for multi-surface campaigns, and what issues exist related to all that click-and-view data.

Moderator: Jamie Rubin

Partner

InfoLawGroup LLP

Scott Mellon

Associate General Counsel, Advertising & Privacy

Facebook

Matthew Beebe

Product Counsel

Snap Inc.

View Presentation

Chicago D

 

Connected and Dissected– The Cross-Device Ecosystem, the Internet of Things & the Role of Regulation

Co-Moderator: Alan Friel

Partner

BakerHostetler LLP

Co-Moderator: Brian Nixon

Partner

Loeb & Loeb LLP

Steve Kim

Associate General Counsel

Spotify

Ashish Chordia

CEO & Founder

Alphonso TV

View Presentation

Chicago E

5:00pm  

Using Entertainment Marketing To Build Your Brand

Moderator: Robert Newman

Partner

Winston & Strawn LLP

Jane Pollack

Chief Marketing & Advertising Counsel

Uber Technologies, Inc.

Molly Malouf

Director, Legal Affairs

T-Mobile USA Inc.

Laura Protzmann

Senior Director, Associate General Counsel

KIND Snacks

View Presentation

Denver/Houston/Kansas City

 

TCPA Litigation in the New Regulatory Environment

Moderator: Terese Arenth

Partner

Moritt, Hock & Hamroff LLP

William Heberer

Vice President, Legal

Altice USA

Alycia Horn

Vice President & Deputy General Counsel

Comcast Corporation

View Presentation

Chicago ABC

 

The Latest Hot Button Issues in Real-Time Marketing & Social Media

All the key issues in social media and real-time marketing with a unique team of panelists.

Moderator: Joseph Lewczak

Partner

Davis & Gilbert LLP

Aba Rogers

Counsel Worldwide Licensing & Global

The Coca-Cola Company

Caroline Selfridge

Chief Marketing Counsel

Intel

Joe Khanna

Sr. Managing Counsel, Marketing & Communications

MasterCard Worldwide

View Video and Presentation

Chicago D

 

Trademark & Copyright Considerations in Marketing Campaigns

This session will provide an overview of trademark and copyright issues arising in marketing campaigns, including strategies and options for enforcing these rights.

Moderator: Cynthia Walden

Principal

Fish & Richardson P.C.

Amy Brosius

Chief Intellectual Property Counsel

Green Mountain Coffee

Kristen McCallion

Principal

Fish & Richardson P.C.

View Presentation

Chicago E

 

Best Practices in NAD Proceedings

Moderator: Ross Weisman

Partner

Kirkland & Ellis LLP

Diana Geseking

Assistant General Counsel for the Americas

Dyson, Inc.

W. David Hubbard

VP & DGC-Marketing, Intellectual Property & New Media Law & Policy

Verizon Communications

Laura Brett

Director

National Advertising Division, ASRC

View Presentation

Chicago FGH

6:00pm  

Cocktail Party  

5th Floor Chicago Foyer

Tuesday, November 14, 2017
6:45am  

Registration Opens

7th Floor Registration

7:15am  

Breakfast  

Chicago Ballroom

 

Roundtable Breakfasts with the Experts

 

1- Alcohol Marketing – The Whole Picture

Scott Schleifstein

Partner

Cohen Silverman Rowan LLP

 

2- European Laws: Financial Transparency Issues

Claire Bouchenard

Partner

Osborne Clarke LLP

 

3- Consent, Fines & Revocation Under the TCPA

Christine Reilly

Partner

Manatt, Phelps & Phillips LLP

 

4- Protecting Your Brand Identity and Reputation in the Wake of the Equifax Data Breach

Brian Bloom

Partner

Moritt Hock & Hamroff LLP

 

5- Navigating State Security Breach Laws

Katherine Riley Townley

Associate

Kelley Drye & Warren LLP

 

6- Nuances of Commercial Co-Venture Marketing

Robert LaPlaca

Partner

Verrill Dana LLP

 

7- Chat Bots/Social Bots - Rewards & Risks

Daniel Goldberg

Associate

Frankfurt, Kurnit, Klein & Selz, P.C.

Hannah Taylor

Counsel

Frankfurt, Kurnit, Klein & Selz, P.C.

 

8- Practical Solutions to Sweepstakes, Contests & Social Media Promotions

Larry Berney

General Counsel

Don Jagoda

 

9- Prize Promotions, Gender Stereotyping, Brexit & Other Hot Topics - UK Marketing

Jo Farmer

Partner

Lewis Silken LLP

 

10- Traps in Social Media and Internet Advertising in Germany - and How to Avoid Them

Information and disclosure obligations: imprint, ADR, privacy policy and more.

Søren Pietzcker

Partner

Heuking Kühn Lüer Wojtek

 

11- Problems of Consumer Review Sites

Andrew Lustigman

Partner

Olshan Frome Wolosky LLP

 

12- Managing Celebrities & Influencers – Branded Content vs. Commercials

Kat Krone

VP, Labor Relations

The Team Companies

Rori Floyd

SVP, Business Affairs Division

The Team Companies

 

13- How Best to Defend Against Allegations of Economic Fraud from an FDA and USDA Perspective

Brian Ronholm

Sen. Director of Regulatory Policy

Arent Fox LLP

Georgia Ravitz

Partner

Arent Fox LLP

 

14- Olympic Advertising

Keri Bruce

Partner

Reed Smith LLP

 

15- Puerto Rico Law

Luis Vivoni

Promotions and Advertisement Legal Counsel

Vivoni Law Office

8:15am  

General Session

Grand Ballroom

 

Welcome & Introduction of Co-Chairs

Ed Kabak

Senior Vice President, Law

ANA

Grand Ballroom

 

Opening Remarks

Bob Liodice

Chief Executive Officer

ANA

View Video and Presentation

Grand Ballroom

 

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

A master of the arts gives the highlights of the year in the industry as well as the strategies/tactics and insider’s look at how to deal with the key issues of the day.

Linda A. Goldstein

Chair Advertising Marketing & Digital Media Practice

BakerHostetler LLP

View Video

Grand Ballroom

 

New Frontiers in Technology Platforms and Ad Tech

An in-depth, hands-on look at how marketers are using new technologies, how existing platforms are evolving and innovating, and the implications of these developments for marketing and advertising lawyers.

Moderator: Kenneth Florin

Chairman-Elect

Loeb & Loeb LLP

View Presentation and Video Highlights

Grand Ballroom

10:30am  

Networking Coffee Break  

7th Floor Grand Ballroom Foyer

10:50am  

General Session Cont.

 

A Case Study in Complex Legal Problem Solving

Any in-house counsel knows that there is never such a thing as an ordinary day. A cease-and-desist letter lands in your inbox alleging that a major advertising campaign you just launched incorporates certain elements that infringe on another company's IP rights; a key brand spokesperson lands on the front page, but not in a good way; and the head of your product development team calls to say there may have been fraudulent data in one of your key clinical trials. To make matters worse, you’ve just found out the company’s main competitor just filed an emergency injunction motion against the company. A panel of expert outside and in-house counsels provide practical, complex problem solving to some of the issues that threaten to keep you up at night.

Moderator: Roger Colaizzi

Chair Advertising Litigation

Venable LLP

Po Yi

Partner

Venable LLP

Jane Jeannero

Vice President, Chief Counsel, Global Brands

Kellogg Company

Elizabeth H. Baran

Vice President, Associate General Counsel

Dick’s Sporting Goods

Jim Dudukovich

Marketing, Advertising & Social Media Counsel

Blue Apron

Grand Ballroom

 

Negotiating & Using Consumer-Friendly Big Data: Strategies for Compliance & Effective Marketing

Moderator: Doron Goldstein

Partner

Katten Muchin Rosenman LLP

Kate Eguchi

Senior Transactional Counsel

Whole Foods Market Inc.

Lisa Gallerano

Senior Vice President, General Counsel

Epsilon

View Video

Grand Ballroom

1:00pm  

Luncheon and Keynote Speaker

Thomas Pahl

Acting Director

Bureau of Consumer Protection FTC

Full Chicago Ballroom

2:00pm  

General Session Cont.

 

As American as Apple π : Automobile Advertising and Promotions Charge into The Future

Moderator: Benjamin Mulcahy

Partner, Content, Media & Entertainment

Jenner & Block LLP

Amanda Conti-Duhaime

Lead Counsel, Advertising, Marketing & Promotion

FCA US LLC

View Presentation

Grand Ballroom

 

Augmented, Virtual & Mixed Reality, and AI

Moderator: Brian Heidelberger

Partner

Winston & Strawn LLP

Gabe Karp

Chief Development Officer

Marxent Labs

Nick Johnson

Partner

Osborne Clark LLP

Andrea Sander

Marketing Attorney

Microsoft Corporation

View Presentation

Grand Ballroom

3:50pm  

Networking Coffee Break  

Grand Ballroom Foyer

4:10pm  

Breakout Sessions

 

Brands & Music – Deal Points on Music Licensing & Use

An overview of the legal issues.

Moderator: A.J. Correale

Member

Frost Brown Todd LLC

Julie Swidler

EVP, Business Affairs & General Counsel

Sony Music Entertainment

Alexandra Gerber

VP, Associate General Counsel

Revlon Inc.

View Video and Presentation

Chicago D

 

GALA: Global Advertising – Influencers, Product Placement and Local Practice Pointers!

Moderator: Cisca Brouwer

Associate General Counsel

Snap Inc.

Ricardo Antequera

Managing Partner

Estudio Antequera Parilli & Rodriguez, Venezuela

Brinsley Dresden

Partner

Lewis Silkin LLP, UK

Hande Hancer

Partner

Gun & Partners, Turkey

Jan Ravelingien

Partner

Marx Van Ranst Vermeersch & Partners, Belgium

Uri Weinstok

Partner

BLP, Costa Rica

View Presentation

Chicago E

 

E-Sports: Negotiating Rights, Talent & Brand Safety

Moderator: Suemyra Shah

EVP Legal & Business Affairs

Whistle Sports

Michelle Parker

Deputy General Counsel

Twitch TV

Greg Via

Global Head of E-sports & Entertainment Marketing

Gillette

Kevin Glidewell

Asst. General Counsel

Turner Sports

View Presentation

Denver/Houston/Kansas City

 

The Private Label Revolution

Private labels are surging. Gone are the days when private labels merely claimed “compare to.” Now, they are fully-featured products making powerful performance claims, just like the brand names.

Retailers are partnering with CPG companies to launch new competitive labels, and then launching them against the branded versions sold by those same partners. What is driving this revolution, and how are retailers and brands managing the delicate legal dance? Are CPG brands slowly killing themselves?

Moderator: Christopher Cole

Partner

Crowell & Moring LLP

Ryan Tisch

Partner

Crowell & Moring LLP

Angela Sijuwade

Assistant General Counsel

Edgewell

View Presentation

Chicago ABC

 

Shakedown Street: Cyber Extortion, Data Breach and the Business of Bitcoin

Since “the year of cyber extortion” in 2016, organizations have been required to adapt to the new age of cyber-attacks. Additionally, anyone in the breach business has been required to adjust cadence and create new service lines in order to help companies respond. In this session, the audience will get to hear some of the wildest extortion stories, while focusing on the legal and security challenges that organizations are faced with throughout a cyber extortion incident. How do you pay? When do you pay? Who are you paying? What happens if you don’t pay?

What you’ll take away:

•Understand what legal, privacy and security challenges companies face when going through these types of incidents

•Learn about the world of bitcoin

Moderator: Craig Hoffman

Partner

BakerHostetler LLP

Brett Anderson

Breach Response Service Manager

Beazley Group

Jason Rebholz

Vice President

The Crypsis Group

Chicago FGH

5:10pm  

Amping Up Compliance: Strategies for Implementing a Robust & Efficient Marketing Compliance Program

Learn how to use tools, technology and training to improve your organization’s compliance profile – without over-taxing your legal team. Hear about the impact Microsoft’s compliance program had in the FTC’s Xbox One/Machinima endorsements inquiry, and how to efficiently leverage outside counsel as part of a compliance program.

Adam Solomon

Partner

Michelman & Robinson LLP

Patricia Doyle

Senior Advertising Law Compliance Manager

Microsoft Corporation

View Presentation

Chicago E

 

Consumer Class Actions: False Advertising Developments in 2017

In assessing risk, those who counsel advertisers must take into account the various forums in which advertisements can be challenged. At NAD, a growing body of largely consistent jurisprudence has enhanced the predictability of outcomes before that body. At the same time, but for different reasons, there is a smaller chance a responsible advertiser will face a Lanham Act suit or FTC action; the huge expense of federal court litigation has caused a drop in Lanham Act filings and a change of presidents foreshadows a less-aggressive FTC. But the number of class action false advertising cases continues to grow and, in 2017, there was a spike in important federal appellate and district court class action decisions. Unlike with NAD, the increasing number of class action decisions has not resulted in greater clarity. This session will examine some of this year’s key class action decisions to help guide advertising counselors in determining the multiple directions in which the class action wind is blowing.

Moderator: Lawrence I. Weinstein

Partner

Proskauer Rose LLP

View Presentation

Chicago ABC

 

Cause Marketing

Learn the latest about compliance for cause-marketing programs, including in social media. Topics include charitable sales promotions, donations at checkout and free-action programs. Case studies enliven this informative session. Receive a solid overview of compliance for each type of program, plus state-by-state reference materials.

Moderator: Edward Chansky

Shareholder

Greenberg Traurig LLP

Alana Sharenow

Director Legal Counsel

Dunkin’ Brands Inc.

Angela Liberto

Corporate Counsel

Dick’s Sporting Goods

Chicago FGH

 

Protecting and Enforcing Your Brand in the Intellectual Property Domain Name and App Arenas

Moderator: Jason Mueller

Partner

Locke Lord LLP

Brittany Perez

VP, Associate General Counsel

Match Group

Denver/Houston/Kansas City

 

The Complex Interface: Native Advertising, Influencer Marketing & User Generated Content

Amy R. Mudge

Partner

Venable LLP

Mary K. Engle

Associate Director, Division of Advertising Practices

FTC

Lisa Horwitz

Assistant Chief Counsel, Consumer Products and Interactive Media

Disney

Brent Sanders

Assistant General Counsel

Microsoft Corporation

Laura Brett

Director

National Advertising Division, ASRC

View Presentation

Chicago D

6:00pm  

Cocktail Party  

5th Floor Chicago Foyer

Wednesday, November 15, 2017
7:00am  

Registration Opens

7th Floor Registration

7:15am  

Breakfast  

Chicago Ballroom

8:15am  

General Session

Grand Ballroom

 

Introduction

Ed Kabak

Senior Vice President, Law

ANA

Grand Ballroom

 

Legislative Year in Review

A leading expert on Washington politics and the economy brings you right up to date on developments in our industry and the country.

Dan Jaffe

Group Executive VP, Government Relations

ANA

View Video and Presentation

Grand Ballroom

 

Transformation Sweeping Advertising and Marketing: Key Trends and Legal Developments

We are at a pivotal time in advertising history, and the industry as we know it is changing. Traditional media strategies are colliding with content creation; in today’s “attention economy,” consumers interact via social media, wearables and virtual reality, and increasingly block or do not respond to traditional segregated ads. Agencies are becoming content labs in an effort to reach these consumers, targeting their interests in real-time and incorporating tailored messaging into their daily activities across devices. The question we will explore is this: how can modern advertisers ride the massive wave of technological change while maintaining integrity and transparency, strategically transforming traditional sales models and navigating the legal landscape? How can brands effectively power the key marketing disciplines of Content, Shopper, Experiential and Promotions with effective advertising strategies to spark Brand Activation? Whether you are a brand, agency, retailer, publisher, media or technology company, come to experience a creative and thought-provoking exploration of the future of advertising and the hot-button issues and challenges affecting the industry today.

Ronald Urbach

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

Davis & Gilbert LLP

View Presentation and Video Highlights

Grand Ballroom

10:00am  

Networking Coffee Break  

7th Floor

10:20am  

General Session Cont.

Grand Ballroom

 

Advertising Review - Top Developments of the Year

This panel will cover the major legal developments in the past year that had the greatest impact on the advertising/marketing landscape. Federal and state regulatory and industry self-regulation leaders will discuss the major actions taken by their offices in the last year in the areas of social media disclosures, claim substantiation, pricing claims, privacy/data security and automatic renewal offers. They will discuss their current “hot” topic agenda items and offer insights as to what areas of the law might come under scrutiny next. These panelists will provide the “thinking” behind the actions and provide attendees with the tools they need to stay compliant in this rapidly changing landscape.

Moderator: Marc Roth

Partner

Davis Wright Tremaine LLP

Leslie Fair

Senior Attorney

Bureau of Consumer Protection FTC

Martin Zwerling

Deputy Director

National Advertising Division, ASRC

Paul Singer

Deputy Chief

Consumer Protection Office of the Texas AG

View Event Recap and Related Materials

Grand Ballroom

 

Content Creep: Media Deals with Custom Content, Native Advertising and Other Value-Added Elements

This session explores what advertisers and agencies need to think about when doing media deals that involve elements other than the purchase of standard ad space/time. The standard AAAA-IAB insertion order doesn’t delve into this with the requisite detail (a fact recognized by both publishers and agencies/brands), and this is something our clients struggle with all the time. This session will explore issues relating to rights clearance, custom content production, SAG-AFTRA, disclosure, regulatory and promotion issues.

Co-Moderator: Jeffrey A. Greenbaum

Managing Partner

Frankfurt, Kurnit, Klein & Selz, P.C.

Co-Moderator: Brian Murphy

Partner

Frankfurt, Kurnit, Klein & Selz, P.C.

View Video

Grand Ballroom

 

Emerging Trends in Advertising Litigation

This session will address significant decisions in Lanham Act and consumer fraud class action cases that were decided in 2017. Mr. Simon’s presentation will discuss emerging trends in the advertising litigation space that can be gleaned from these and other recently decided cases.

Norman C. Simon

Partner

Kramer Levin Naftalis & Frankel LLP

View Video and Presentation

Grand Ballroom

1:05pm  

Luncheon

Grand Ballroom

2:00pm  

Breakout Sessions

 

Children's Advertising, CARU, COPPA, Connected Toys & Child Influencers

Moderator: Allison Fitzpatrick

Partner

Davis & Gilbert LLP

Nur-ul-Haq

Vice President, Counsel, Kid’s Compliance

Nickelodeon

Angela Tiffin

Senior Staff Attorney

Advertising Self-Regulatory Council/CARU

Pamela Lina

Counsel

Turner Broadcasting System, Inc.

View Presentation

Chicago ABC

 

The Art of the Social Media Deal

Today’s consumers want community and authenticity in their brand experiences. Once on the periphery, influencer marketing is now on the forefront of brand connections with their consumers. There are, however, some important rules of the road before you leap. The FTC has long been engaged in pushing endorsers to disclose their material connections with brands; the FTC is increasingly training its sights on influencer marketing. Following a spate of letters this spring from the FTC, it’s more important than ever to make sure that sponsorship disclosures are front and center and that brands don’t lose control if something goes awry. Join panelists in a behind-the-scenes discussion of the rewards of using influencers, the FTC’s perspective and the must-have components of an influencer compliance program.

Moderator: Phyllis Marcus

Partner

Hunton & Williams LLP

Maria Guerra

Executive Vice President

Influence Central

Serena Viswanathan

Assistant Director, Division of Advertising Practices

FTC

View Presentation

Chicago E

 

Complex Loyalty Programs

Adam Sand

General Counsel

ShopKick.com

Julia Riehm McGuffey

Corporate Counsel

Papa John's International, Inc.

Shazmah Hakim

Vice President & Assistant General Counsel

Marriott International, Inc.

View Presentation

Chicago FGH

 

Mobile Marketing and Payments: New Wine in New Bottles?

Mary Ann Wymore

Officer

Greensfelder, Hemker & Gale, P.C.

Paul Twarog

Director, Legal

Google

Josh Yaker

Vice President and General Counsel

HelloWorld

Denver/Houston/Kansas City

 

Tracking, Aggregating & Profiling: U.S. & Global Privacy Developments

This session will cover requirements under the GDPR and from the FTC and other global regulators when using data to track, target and profile customers, both online and off.

Co-Moderator: Rachel Hudson

Associate

Sheppard Mullin Richter & Hampton LLP

Co-Moderator: Julie Rubash

Associate

Sheppard Mullin Richter & Hampton LLP

View Video and Presentation

Chicago D

3:00pm  

Celebrity/Sports Talent: A Practical Contract and Negotiating Guide to Deals

Moderator: Jason W. Gordon

Counsel

Reed Smith LLP

Theresa Harris

Senior Counsel

Target Corporation

Chicago E

 

Complications of Consumer Review

Moderator: Sharon Kohn

Senior Legal Editor

Thomson Reuters

Gwen Fanger

Corporate Counsel

Expedia, Inc.

View Video and Presentation

Chicago D

 

Retail & Food Marketing Under the Microscope

Moderator: Monica Stover

Attorney

Barnes & Thornburg LLP

Brandi van Leeuwen

Senior Counsel

Meijer Inc.

View Presentation

Chicago ABC

4:00pm  

Conference Adjournment

 

Please note: Speakers, sessions, locations and dates are subject to change by the ANA/BAA without prior notice. FTC sessions are open to the public (reservations required).


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 cancellation. 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.

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