2017 ANA Advertising Law & Public Policy Conference

This event is over.

Partners in Change

As the world shrinks and digital takes control, effective advertising lawyers are not just building the bridge between creative freedom and consumer protection, they have increasingly become embedded in the marketing process, from beginning to end. Lawyers are now partners to CMOs, brand managers, and creative directors. That's not an easy position. However, armed with the right knowledge, today's marketing lawyer is a valued member of the team. This conference, now in its 13th year, will show senior practitioners and C-suite executives how to join hands to facilitate the creation of effective, successful marketing campaigns using all available tools.

Continuing Legal Education (CLE) credit will be offered.

Please note: Speaker presentations and related content from the conference will be available to all attendees for a limited time on the ANA website. After May 29, 2017, all conference content will be ANA members only.

The hashtag for this event is #ANAAdLaw.

When
Begins:Tuesday, March 28, 2017 at 7:30am
Ends:Wednesday, March 29, 2017 at 4:05pm
Where

The Ritz-Carlton, Washington DC
1150 22nd Street, N.W.
Washington, DC 20037

Main Hotel: The Ritz-Carlton, Washington DC
The ANA rate has expired. To be added to the waitlist, please call 1-800-241-3333 and reference the ANA Law Conference.

Suggested Alternative Hotel: Ritz-Carlton, Georgetown
3100 South Street, NW
Washington, DC 20007

The ANA has negotiated a special room rate of $369/night. To make your room reservation, please click here. You may also call the reservations department at 1-800-241-3333 and reference the ANA Conference. The cut-off date to obtain the ANA rate is Friday, March 17, 2017, after which prevailing rates apply. Please notify the hotel of any special needs that you may have.

Agenda
Tuesday, March 28, 2017
7:00am  

Registration Opens

7:30am  

Breakfast

8:30am  

General Session

 

OPENING REMARKS

Bob Liodice

Chief Executive Officer

ANA

 

TWEETING WITH WORDS

Back by popular demand, we’ll once again start the conference with a fast-paced exchange among leading lawyers in the business with live tweets from attendees— in 140 characters or less—and their answers must be given in 140 seconds or less!  Send your tweets using the hashtag #ANAAdLaw. No limits! Ask whatever you’d like about the new administration, the FTC, FCC, and NAAG, SAG-AFTRA, data security, piracy, bots, technology, measurement, viewability, metrics, and media transparency. It’s all fair game.

Felix Hofer

Founding Partner

Hofer Lösch Torricelli

Rick Kurnit (@rkurnitfkkscom)

Partner, Advertising, Marketing, IP and Employment

Frankfurt Kurnit Klein & Selz PC

Carla Michelotti (@CarlaAdLaw)

President

Carla Michelotti LLC

Ronald R. Urbach (@RonaldUrbach)

Chairman and Co-Chair, Advertising, Marketing and Promotions Practice

Davis & Gilbert LLP

Lawrence I. Weinstein (@lweinstein2)

Partner

Proskauer Rose LLP

 

THE NEW WASHINGTON

The dust is finally settling after a rough-and-tumble election campaign that gave the GOP full control in Washington for the first time since 2006. The Trump administration is rapidly taking shape, and the legislative and regulatory battles have already begun. Tax reform, online privacy, health care, and much more are on the agenda. What does this mean for the advertising industry? Will the industry see its longstanding tax deduction threatened? Will the FCC privacy rules be adopted or will the new administration go in a different direction? What does the new reality mean for other advertising categories? How will potential U.S. Supreme Court personnel changes affect us? ANA's Dan Jaffe will attempt to provide a light through the fog of uncertainty.

Dan Jaffe (@ANAGovRel)

Group Executive Vice President, Government Relations

ANA

10:30am  

Networking Coffee Break  

10:50am  

Breakout Sessions 1

Please choose to attend breakout session 1-A or 1-B.

 

Breakout 1-A

MARKETING IN AUGMENTED REALITY: POKÉMON GO AND TREASURE HUNTS IN THE DIGITAL AGE

Marketers are grabbing hold of new technologies to engage and entertain their customers. But what are the potential minefields…or Pokéstops? This panel will explore promotions and privacy law issues for augmented reality games and marketing.

Tanya Forsheit (@Forsheit)

Partner

Frankfurt Kurnit Klein & Selz PC

Terri Seligman (@TerriSeligman)

Partner

Frankfurt Kurnit Klein & Selz PC

Tori Chami

Vice President and Senior Counsel

American Express Company

David Viscovich

Counsel

Sprint

 

Breakout 1-B

TRACKING AND TARGETING IN MEDIA BUYS: AN ADVERTISER'S PERSPECTIVE

As more and more data about consumers is collected and packaged, advertisers in all sectors continue to seek new ways to put that data to use through analytics and targeting. This panel offers a discussion of the considerations advertisers should keep in mind when they enter the big data game.

Adam Ekonomon

Vice President and Deputy General Counsel, Marketing and Regulatory

The J.M. Smucker Company

Maja Fabula

Senior Corporate Counsel

Tenneco

Robert Newman

Partner

Winston & Strawn LLP

11:40am  

General Session cont.

 

THE SHERMAN ACT AND THE ADVERTISING INDUSTRY

Rebecca Meiklejohn, trial attorney with the Department of Justice Antitrust Division, returns to address ANA conference attendees for the first time since 2005, with insights from decades of experience as a criminal prosecutor. She will give her perspective on antitrust compliance issues in the advertising industry and the criminal enforcement role of the Department of Justice.

Rebecca Meiklejohn

Trial Attorney, Antitrust Division

United States Department of Justice

12:25pm  

Lunch  

ROUGHING THE COURTS: MAKING SENSE OF SPORTS LAW IN 2017

The speech will center on recent legal controversies, including those impacting college sports, and how changes to sports law impact advertisers.

Michael McCann (@McCannSportsLaw)

Director, Sports and Entertainment Law Institute

University of New Hampshire School of Law

1:30pm  

General Session cont.

 

KEYNOTE ADDRESS

Karl Racine (@AGKarlRacine)

Attorney General

District of Columbia

 

THE ADVERTISER’S HIDDEN WEAPON: TECHNOLOGY

A panel of technology experts will provide a core understanding of solutions that can help advertisers track and measure viewability, audience, and costs throughout the ecosystem to ensure that their advertising dollars are not being wasted. The information learned in this session will enable lawyers and executives, responsible for negotiating deals with media buying agencies and other ecosystem participants, understand that the best weapon against technology barriers is technology itself.

Andrew Altersohn

CEO

AdFin Solutions

Susan Salop (@susansalop)

Director, Advertising

Adobe Systems Incorporated

Michael Tiffany (@kubla)

Co-Founder and CEO

WhiteOps

3:10pm  

Networking Coffee Break  

3:30pm  

Breakout Sessions 2

Please choose to attend breakout session 2-A or 2-B.

 

Breakout 2-A

BEYOND THE MUSIC LICENSE

Advertisers often use music to connect with consumers. This panel will discuss ways marketers can work with music labels to further enhance their brand-building campaigns and various legal minefields and negotiating points involved in a broader music deal.

Susan Arnold

Vice President, Strategic Marketing & Commercial Music Group

Sony/ATV Music Publishing

Amanda Conti-Duhaime

Lead Counsel, Advertising, Marketing, and Promotion

Fiat Chrysler Automobiles

Gina Reif Ilardi

Partner

Jenner & Block LLP

 

Breakout 2-B

IMPROVING THE CONSUMER ONLINE ADVERTISING EXPERIENCE

Advertising is the financial backbone of the free commercial Internet. Consumers, however are growing increasingly frustrated with irrelevant or disruptive advertising. The Coalition for Better Ads is an industry-wide effort to improve the consumer experience with digital advertising. The Coalition leverages consumer insights and cross-industry expertise to develop and deploy new standards and best practices for online ads, in order to create an advertising experience in which consumer incentives to use ad blocking technologies are diminished. ANA is one of the Coalition’s founding members. This panel will discuss the Coalition’s approach to the development of cross-industry practices and research findings that will help improve the consumer ad experience.

Co-Moderator: Charles Curran

Partner

Venable LLP

Paul Boyle (@pboyleNMA)

Senior Vice President, Public Policy

News Media Alliance

Christopher Pedigo (@Pedigo_Chris)

Senior Vice President, Government Affairs

Digital Content Next

4:20pm  

General Session cont.

 

A GLOBAL PERSPECTIVE

No campaign is an island. Whether preparing a multinational program, or simply considering potential regulation at home, it is important to be armed with an understanding of global trends. Hear members of the Global Advertising Lawyers Alliance (GALA) discuss recent key developments in law and enforcement.

Moderator: Catherine Bate (@CathyBate)

Partner

Miller Thompson LLP (Canada)

Brinsley Dresden (@brinsleydresden)

Partner

Lewis Silkin LLP (United Kingdom)

Søren Pietzcker

Partner

Heuking Kühn Lüer Wojtek (Germany)

Fiona Robertson

Senior Associate

Al Tamimi & Co. (UAE)

Uri Weinstok

Partner

BLP Legal (Costa Rica)

Justina Zhang

Senior Partner

TransAsia Lawyers (China)

5:30pm  

Networking Reception  

Wednesday, March 29, 2017
7:00am  

Registration Opens

7:30am  

Breakfast

8:30am  

General Session

 

KEYNOTE ADDRESS

Maureen K. Ohlhausen (@MOhlhausenFTC)

Acting Chair

Federal Trade Commission

 

THE SOCIAL MEDIA WAR ROOM

Employees can be your greatest brand ambassador — until things go awry. How can you keep them from causing a PR (or worse, a legal) nightmare? We’ll have experts from one of the leaders in the field, who will discuss Dell’s social media policy; specifically, how the company established rules for employee disclosure in social media; created an employee advocacy training program; and most importantly, identified best practices. Lessons learned as Dell encouraged employees to post about its products and services on social media will be discussed. 

Amy Heiss (@AmyHatDell)

Director of Social Media Activation (SMaC U)

Dell Inc.

Ryan Garcia (@SoMeGeekLawyer)

Legal Director

Dell Inc.

Joseph Lewczak (@JosephLewczak)

Partner

Davis & Gilbert LLP

10:15am  

Networking Coffee Break  

10:35am  

Breakout Sessions 3

Please choose to attend breakout session 3-A or 3-B.

 

Breakout 3-A

KNOWLEDGE IS POWER: HOW SOCIAL MEDIA AND CONSUMER ENGAGEMENT CAN BE USED AS BOTH A SWORD AND SHIELD

Companies have access to more consumer data than ever before and should be leveraging that data both to protect and to differentiate themselves in the marketplace.  Through careful and constant analysis of a company’s social media presence, as well as that of their customers and their competitors, companies can take affirmative steps to address consumer concerns before they transform into demand letters or litigation.  When litigation cannot be avoided, social media and consumer engagement evidence can be a tool in defending against false advertising claims; e.g., to defeat commonality or predominance in a class action, attack a plaintiff’s credibility, or offer potential consumer perception evidence of an implied advertising claim. From a competitive perspective, this evidence can also inform a company’s decision to litigate or challenge a competitor’s claims before the NAD or NARB.

Nicole D. Bearce

Associate General Counsel - Litigation

Unilever United States, Inc.

John Villafranco (@KelleyDryeAdLaw)

Partner

Kelley Drye & Warren LLP

 

Breakout 3-B

COMMERCIAL SPEECH AND THE FIRST AMENDMENT - WHAT'S NEXT?

Current First Amendment commercial speech issues, with particular emphasis on the increasing use of compelled disclosures and disclaimers, take the spotlight in this session. Cases on the Supreme Court’s current docket and the direction the Court may take if Judge Neil Gorsuch’s nomination is approved by the Senate will be examined. This presentation will include a discussion of the expansion of the jurisdiction of the Federal Communications Commission to require commercial disclosures and whether or not that trend is likely to continue under the new administration.

Robert Corn-Revere

Partner

Davis Wright Tremaine LLP

Chris Roblyer

Senior Managing Counsel, Strategic Marketing

The Coca-Cola Company

11:25am  

General Session cont.

 

MEDIA TRANSPARENCY AND THE FORK IN THE ROAD

Join celebrated Wall Street Journal Advertising Editor Suzanne Vranica as she leads a panel on media transparency — what Ad Age called one of the biggest stories of 2016. Joining Suzanne is Ronald Pullem, co-founder of the Open Market Programmatic Work Group and Tony Pace, founder of Cerebral Graffiti and former Chairman of the ANA.  The panel will cover developing risks in the legal arena and how leading executives are working with their lawyers to create the best results while recognizing the importance of the partnership between advertisers and agencies. As baseball legend Yogi Berra said, “When you reach a fork in the road, take it.” Which fork will media take — the bright fork of transparency or the dark path into the forest?

Moderator: Suzanne Vranica (@VranicaWSJ)

Advertising Editor

The Wall Street Journal

Tony Pace

Principal, Cerebral Graffiti

Former Chairman, ANA

12:20pm  

Lunch  

THE UNEXPECTED RISK OF DIGITAL VIDEO ADS: CONTRACT NON-COMPLIANCE

Talent & Rights contracts and payments, a critical piece of every ad campaign, have grown exponentially more complex with the increase of digital advertising. Today brands need the power of TV creative to work across all screens, and keeping track of those ads as they travel online is a risky business. Millions of dollars are wasted every year on Talent & Rights penalties. What can brands do to maintain control? Does the greater risk for advertisers lie with paid or owned media?

Tim Hale, VP of Talent at Extreme Reach and an expert on Talent & Rights Management, will provide insight into these questions as well as advice on how to control the risk of ever getting hit with unexpected fees again.

Tim Hale

Chief Talent Officer

Extreme Reach

1:20pm  

General Session cont.

 

NAVIGATING THE FINE PRINT: THE CHALLENGE OF DISCLOSURES

Disclosures have become a priority for enforcers and, with rapidly evolving technology, are a growing challenge for marketers. The FTC has called for clearer disclosures for advertising claims, endorsements, social media, and privacy, as well as wherever is necessary to prevent deception. Exactly what information is necessary and when are disclosures effective? This session will examine the enforcement landscape and consider best practices for navigating the world of disclosures.

David Mallen

Partner

Loeb & Loeb LLP

Jeffrey Smith

Senior Vice President & Deputy General Counsel

Comcast Cable

2:15pm  

Coffee Break (ongoing)

 

Breakout Sessions 4

Please choose to attend breakout session 4-A or 4-B.

 

Breakout 4-A

ACHTUNG BABY! GDPR AND BEYOND AS 2018 APPROACHES

New laws and regulations from around the world increasingly clash with existing and emerging technologies. In May 2018, advertisers will be required to comply with the E.U.'s General Data Protection Regulation. With potential fines as large as 4% of global revenues, companies should be taking notice. At this session, learn key insights on what's new and different under the GDPR compared to the past; benchmarking on what others are doing now to prepare – including budgeting, staffing, and more; the latest perspective on cross-border data transfers and compliance mechanisms; and an update on the latest self-regulatory initiatives and specifics for interactive interest-based advertisers.

Gerald Stegmaier

Partner

Reed Smith LLP

Carla Michelotti (@CarlaAdLaw)

President

Carla Michelotti LLC

 

Breakout 4-B

O̶R̶A̶N̶G̶E̶ FOOD IS THE NEW B̶L̶A̶C̶K̶ ASBESTOS?

Class action lawyers are nimble in finding the next big thing, often based on evolving regulations or regulatory gaps. This panel will trace the evolution of the mass tort and how it became the model for false advertising, through case examples of tobacco, pharmaceuticals, dietary supplements, and food. Business strategies for companies seeking to minimize risk and reduce litigation costs will be explored.

Amy Hancock (@Hancock_ae)

Senior Vice President and General Counsel

American Beverage Association

Amy Mudge

Partner

Venable LLP

3:05pm  

General Session cont.

 

ETHICS SPEED ROUND

For the final session of the conference, join Doug Wood as he moderates a panel of leading in-house counsel on ethics issues. It’s going to be a fast-paced question-and-answer session discussing the traditional ethics rules often forgotten (at one’s peril), the emerging challenges in the era of digital communications, and the demise of formalities, once the hallmark of lawyer communications.

Heidi Baltes-Braniff

Corporate Counsel

InterContinental Hotels Group

Mary Carragher

Chief Counsel, Trademarks

Mondelez International, Inc.

Jennifer Magyar

Director, Global Contracts and Advertising

Subway

4:05pm  

Conference Ends


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 after the conference start date 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.

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