2018 ANA/BAA Marketing Law Conference

This event is over.

ANA/BAA MARKETING LAW CONFERENCE IN A NUTSHELL:
WHY YOU NEED TO BE HERE

  • More than 170 speakers, 65 sessions, and 15 roundtables
  • Major CLE credits and the industry’s best networking opportunity
  • The best hands-on legal and practical marketing and advertising law guidance
  • Keynotes:
    • Andrew Smith, Director, FTC Bureau of Consumer Protection
    • Don McGowan, Chief Legal Officer, Business Affairs of The Pokémon Company International, Inc.
  • Role of data in marketing post-GDPR, all aspects of privacy, and real-time and in-store marketing, from top brands including Microsoft, Facebook, Snap, Google, Whole Foods, Uber, Buzzfeed, Verizon, Twitter, Pinterest, and Spotify
  • Influencers, native advertising, and the right of publicity
  • Practical new sessions on VR, AR, AI, e-sports, and ransomware
  • Expanded regulatory coverage (FTC, FCC, FDA, NAD, CARU), state AGs, ASRC
  • Multiple privacy modules (U.S. and global): big data, targeted advertising, California privacy, programmatic buying, the Internet of Things, cross-device linking, and post-GDPR e-privacy
  • Litigation, including false advertising, Lanham Act, and NAD review
  • Trademarks, copyrights, claim substantiation, class actions
  • The best learning on sweepstakes, skill contests, gaming, and loyalty programs/gift cards
  • Sports marketing, celebrity/talent, sponsorships, music, trademarks, and sports
  • The year in review and technologies to come; practical business learning
  • Children’s advertising, retail laws, food laws, endorsements and cause marketing
  • Third-party rights and thorny issues regarding agency-client relationships
  • Alcohol and marijuana marketing

The hashtag for this conference is #MarketingLaw

To learn about sponsorship opportunities for this year's Marketing Law Conference, please contact Ed Kabak at 646-708-8123 or ekabak@ana.net

When
Begins:Wednesday, November 7, 2018 at 1:00pm
Ends:Friday, November 9, 2018 at 4:00pm
Where

Chicago Marriott Downtown Magnificent Mile
540 North 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 1-877-303-0104 and reference the ANA BAA Law Conference. The cut-off date to obtain the ANA rate is Monday, October 29, 2018, after which prevailing rates apply.

Agenda

2018 Law Co-Chairs

Theresa Harris
Senior Counsel
Target

Jason Mueller
Partner
Sheppard Mullin Richter & Hampton LLP

Jane Pollack
Chief Marketing & Advertising Counsel
Uber Technologies

Lauren Tang
Associate General Counsel, Marketing and Advertising
Facebook

Wednesday, November 7, 2018
11:30am  

REGISTRATION OPENS

7th Floor Grand Ballroom Foyer

1:00pm  

BREAKOUTS I

5th Floor

 

BASICS OF PROMOTION, SWEEPSTAKES, CONTESTS AND GAMING

This session will provide an introduction to sweepstakes and skill contests, but more than the key legal issues and the vocabulary you will need to best understand the rest of the conference. Also covered will be the rules and updated platform specific requirements for these types of promotions and a study of the latest in the evolving world of gaming ,gambling, fantasy sports, sports betting and major court decisions.

Barry Benjamin

Partner

Kilpatrick Townsend & Stockton LLP

View Presentation

5th Floor Chicago ABC

 

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. Whether new or experienced to advertising, this session will give you down to earth information you need to put later sessions into context. This presentation will put a great new spin on important topics.

Gonzalo Mon

Partner

Kelley Drye & Warren LLP

5th Floor Chicago D

 

COPYRIGHT AND TRADEMARK IN THE NEW ECONOMY

In the new economy, millennials and technology are the primary drivers of change. This breakout session will focus on several types of change that affect decision-making related to intellectual property issues in the advertising law field—including client expectations of pace of work, customer expectations of advertisements, new methods of advertising, creative ways to enforce intellectual property rights, corporate structure, and the use of advertising in litigation.  

Elizabeth Brenckman

Principal

Fish & Richardson P.C

Craig Moore

Managing Counsel, Brand Marketing, Trademark & Copyright

Wells Fargo

Stuart Kauffman

Chief Marketing Counsel

Samsung Electronics America, Inc.

Mark Odegard

Senior Director, Legal Department

Best Buy Company, Inc.

Ashlie Smith

Associate

Fish & Richardson P.C

View Presentation

5th Floor Chicago FGH

 

YOUR TRADEMARK MAY BE A FALSE ADVERTISEMENT

Selling Someone Else’s Product/using someone else’s mark-Scope of Fair Use for copyright/trademark; comparative advertising, indemnification  and more a review of trademark law, including the basics and the latest big issues in the legal arena including using a competitor’s trademark in hashtags, domain names and words and the difference if used in a competitor’s advertising or for diversion.

Jessica Kraver

Associate

Katten Muchin Rosenman LLP

Jim Lewis

Corporate Counsel, Global Intellectual Property

The Kellogg Company

View Presentation

5th Floor Denver/Houston/Kansas City

 

HOW TO NEGOTIATE AGENCY/CLIENT AGREEMENTS IN TODAY’S SENSITIVE ENVIRONMENT

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.

Sandra Leib

General Counsel

DDB Chicago Inc.

Michael Schiffer

Senior Legal Counsel, Marketing

Twitter

Karla Cohen

Assistant General Counsel, Marketing Sales & Trademarks

Edgewell Personal Care Brands, LLC

Adam Kagan

General Counsel

Hearts & Science, Division of Omnicom

Jax Russo Curtin

Assistant General Counsel, Senior Director

Heineken USA, Inc.

View Presentation

5th Floor Chicago E

2:05pm  

BREAKOUTS II

5th Floor

 

PRICE & SALES ADVERTISING

Advertisers and retailers are facing increasing challenges regarding sale and price advertising and claim substantiation, and particularly in the context of multiple platforms, new technologies and shifting market. This session will cover recent enforcements and actions in sale/price and comparative advertising, best practices for compliance and risk mitigation while walking through potential mine-field, and strategies for addressing dynamic pricing and geo-targeting.

Moderator:

Jason Howell

Partner

Perkins Coie LLP

Maureen Kats

Senior Counsel

PetSmart

Amanda Beane

Partner

Perkins Coie LLP

Anna Kakos

Managing Director, Corporate Counsel

Starbucks Corporation

Mark Richardson

Director, Legal

The Target Corporation

5th Floor Chicago ABC

 

ETHICS FOR LAWYERS

Jack Sahl

Professor

University of Akron Law School

View Presentation

5th Floor Chicago D

 

REGULATED INDUSTRIES: ALCOHOL

The marketing of alcoholic beverages can be complicated. Brands must not only insure that their marketing is directed to consumers who are above the legal age consumption, but must also navigate various federal and state laws and regulations related to the promotion and sale of alcoholic beverages. This session will cover some of the unique issues related to the advertising, promotion and marketing of alcoholic beverages.

Michael Schwab

Counsel

Moritt Hock & Hamroff LLP

Jessica Bahr

Associate General Counsel

Constellation Brands

View Presentation

5th Floor Chicago E

 

GDPR AND E PRIVACY: NEXT STEPS

This session will review both the scope of these far-reaching rules, the current status and likely future state of enforcement, changes, and best practices for running compliant programs.

Moderator:

Mary Ann Wymore

Officer

Greensfelder, Hemker & Gale, P.C.

Morgan Woodbury

CIPP/E, CIPM, Global Alliances Program Lead

OneTrust

Michele Ramsey

Chief Privacy Officer/Global Privacy Lead

Corteva Agriscience, Agriculture Division of DowDupont

5th Floor Chicago FGH

 

SPORTS MARKETING: LEAGUE PLAYER AND TEAM ISSUES AND AMBUSH MARKETING POST-OLYMPICS

Moderator:

Seth Rose

Partner

Loeb & Loeb LLP

Cheryl Givner

Senior Vice President, Asst. General Counsel, Marketing & Strategic Growth

MasterCard

Brett Scharback

Vice President and General Counsel

Chicago Cubs

Thomas Adams

Assoc. Director & Assoc. General Counsel

The Procter & Gamble Company

View Presentation

5th Floor Denver/Houston/Kansas City

3:10pm  

BREAKOUTS III

5th Floor

 

COMPELLED DISCLOSURE, THE FIRST AMENDMENT AND A NEW PATH FOR FCC ON PRIVACY & 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.

Ronald London

Of Counsel

Davis Wright Tremaine LLP

View Presentation

5th Floor Denver/Houston/Kansas City

 

THE RIGHT OF PUBLICITY VS. 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 PC

Ellie Boragine

Vice President & Chief Advertising Counsel

American Express

Lasherelle Morgan

Senior Corporate Counsel

Audible

Jeff Hoeh

Senior Vice President, Legal Affairs

NBCUniversal

Greg Brehm

General Counsel

Cheddar, Inc.

View Presentation

5th Floor Chicago ABC

 

THE ENDORSEMENT GUIDES, SPONSORSHIPS & THE LATEST IN FTC ENFORCEMENT

Moderator:

Gina Reif Ilardi

Partner & Co-Chair, National Advertising Team

DLA Piper LLP

Leslie Holland

Vice President, Legal Affairs

Live Nation

Kyle Birch

Assistant General Counsel

Comcast

Theresa Harris

Senior Counsel

Target

View Presentation

5th Floor Chicago D

 

NAVIGATING THE MURKY WATERS OF AD TECH

A renowned expert takes you on a trip through the turbulent waters of the multifaceted changes to the ad tech world, including those relating to transparency, GDPR, California Privacy Law, and programmatic advertising. Invaluable pragmatic learning!

Moderator:

James Taylor

Partner & Co-Chair Advanced Media and Technology

Loeb & Loeb LLP

Kimberly Wong

Senior Counsel, Privacy and Information Governance

McDonald’s Corporation

Serena Pruitt

Senior Counsel, Marketing & Intellectual Property

McDonald’s Corporation

Sarah La Voi

Associate General Counsel

RE:Sources USA

View Presentation

5th Floor Chicago E

 

PROTECTING AGAINST CONSUMER FRAUD AND DATA PRIVACY CLASS ACTIONS

Learn the basics of preventing and defending consumer class actions alleging false advertising, consumer privacy, and data breaches, with insights into emerging trends in this space.

Moderator:

Eileen Patt

Partner

Kramer Levin Naftalis & Frankel LLP

Matthew Lawless

Counsel, Global Privacy, Cybersecurity, and IT Law

The Procter & Gamble Company

Samantha Ettari

Special Counsel, E-Discovery Counsel

Kramer Levin Naftalis & Frankel LLP

Megan Frient

Senior Counsel, Global Litigation and Dispute Resolution

The Procter & Gamble Company

View Presentation

5th Floor Chicago FGH

4:15pm  

BREAKOUTS IV

5th Floor

 

THE EVOLVING USE OF BLOCKCHAIN IN CREATIVE, CONTRACT MANAGEMENT, AND MARKETING/ADVERTISING

Moderator:

Laura Jehl

Partner

Baker Hostetler LLP

Peter Franklin

CEO, Founder

Pryze Ltd.

View Presentation

5th Floor Chicago ABC

 

LOOKING BEYOND THE BORDERS

Increasingly, in-house counsel based in the U.S. are asked to take the lead or even responsibility for global compliance. Hear from in house counsel about practical tips for managing expectations and campaigns across global borders. The session will have a particular emphasis on looking north to Canada, why can’t you just be a 51st state? How recent legal and self-regulatory changes in Canada may impact your cross-border campaigns.

Catherine Bate

Partner

Miller Thomson LLP

Limor Robinson Mann

Chief Oral Care Marketing Counsel, Global

Colgate-Palmolive Company

View Presentation

5th Floor Denver/Houston/Kansas City

 

AUGMENTED REALITY, VR AND AI – MORE AHEAD

Moderator:

Kraig Baker

Partner

Davis Wright Tremaine LLP

Eric Baum

SVP, Business & Legal Affairs

Sony Pictures Entertainment

Kenneth Rubenstein

Director, Legal

Google

5th Floor Chicago D

 

ESPORTS: NEGOTIATING RIGHTS, TALENT & BRAND SAFETY

Learn how brands are engaging in the dynamic world of esports. This session will present real world examples of successful esports brand sponsorships and a practical guide to the esports landscape, including which questions to ask when it comes to rights, talent and brand safety.

Moderator:

Suemyra Shah

General Counsel

Whistle Sports

Jennifer Hurley

Managing Corporate Counsel

T-Mobile

Dan Ciccone

Co-Founder & Managing Director

REV/XP

View Presentation

5th Floor Chicago FGH

 

THIRD PARTY RIGHTS

Moderator:

Jason Gordon

Partner

Reed Smith LLP

Lynnette Fuller-Andrews

VP & Deputy General Counsel

Hanes Brands, Inc.

Mary Carragher

Chief Counsel, Global Marketing & Media

Mondelez International, Inc.

View Presentation

5th Floor Chicago E

5:20pm  

BREAKOUTS V

5th Floor

 

MORE TCPA LITIGATION IN THE NEW REGULATORY ENVIRONMENT

Moderator:

Terese Arenth

Partner

Moritt Hock & Hamroff LLP

William Heberer

Vice President, Law, Cable & Communications

Altice USA

Alycia Horn

Vice President and Deputy General Counsel

Comcast

View Presentation

5th Floor Denver/Houston/Kansas City

 

THE LATEST HOT BUTTON ISSUES IN REAL TIME MARKETING & SOCIAL MEDIA, & NOW A PEEK AROUND THE CORNER

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

Moderator:

Joseph Lewczak

Partner

Davis & Gilbert LLP

W. David Hubbard

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

Verizon Communications

Caroline Selfridge

Chief Marketing Counsel

Intel

Amanda Rinkoff

Legal Director of Global Marketing and Advertising

Uber Technologies, Inc.

View Presentation

5th Floor Chicago ABC

 

CROSS-DEVICE LINKING: IOT, OBSOLESCENCE ISSUES & FUTURE TECHNOLOGIES

Ned Sherman

Counsel & Director

Manatt, Phelps & Phillips LLP

Steve Kim

Associate General Counsel

Spotify

View Presentation

5th Floor Chicago D

 

HOT ISSUES IN IN-STORE RETAIL MARKETING – SCANNING, PAYMENT, AND BRANDING IN A CROWDED FIELD

Moderator:

Justine Gottshall

Partner

Info Law Group LLP

Brandi Van Leeuwen

Senior Counsel

Meijer Inc

Kate Eguchi

Associate General Counsel

Whole Foods Market

Paul Twarog

Director, Legal

Google

View Presentation

5th Floor Chicago E

 

A PICTURE IS WORTH A THOUSAND WORDS (SOME UNINTENDED): THE RISKS OF IMAGERY IN ADVERTISING

Your claims have been vetted, the testing is complete, and the commercial is coming together. But will the images in the ad convey any unintended messages the substantiation cannot support? It happens. This session will review some of those commercials, the NAD and court decisions that followed, and ways in which advertisers can avoid the pitfalls of using imagery in advertising. 

Alexander Kaplan

Partner

Proskauer Rose LLP

View Presentation

5th Floor Chicago FGH

6:30pm  

COCKTAIL RECEPTION  

7th Floor Grand Ballroom - Salon 3

Thursday, November 8, 2018
6:45am  

REGISTRATION OPENS

7th Floor Grand Ballroom Foyer

7:15am  

BREAKFAST  

BREAKFAST ROUNDTABLES WITH THE EXPERTS

5th Floor Chicago Ballroom

 

1 - NOT ALL FUN AND GAMES: PRACTICAL ANSWERS TO YOUR VEXING PROMOTION QUESTIONS

Larry Berney

General Counsel

Don Jagoda

 

2 - WHAT'S LEFT OF CDA 230 IMMUNITY?

Alan Friel

Partner

Baker Hostetler LLP

 

3 - AVATARS, CHATBOTS, AND OTHER DAUNTING FUTURISTIC MEDIA

Hannah Taylor

Counsel

Frankfurt Kurnit Klein & Selz PC

 

4 - ALCOHOL MARKETING PROMOTIONS & MARKETING

Scott Schleifstein

Partner

Cohen Silverman & Rowan LLP

 

5 - MADE IN USA CLAIMS

Lauren Aronson

Counsel

Crowell & Moring LLP

 

6 - OVERCOMING DIFFICULTIES IN COMPLIANCE WITH COPPA

Katie Goldstein

Senior Counsel, CARU Unit

ASRC

 

7 - THE DO’S & DON’TS OF USING COPYRIGHTS & TRADEMARKS IN SOCIAL MEDIA

Michelle Cooke

Partner

Manatt, Phelps & Phillips LLP

 

8 - COMPLIANCE WITH GDPR & THE CALIFORNIA PRIVACY ACT

Doron Goldstein

Partner

Katten Muchin Rosenman LLP

 

9 - NEGOTIATING CLASS ACTION SETTLEMENTS

Jennifer Yang

Associate

Proskauer Rose LLP

Jeffrey Warshafsky

Associate

Proskauer Rose LLP

 

10 - HOW DOES GDPR AFFECT DIRECT MARKETING IN GERMANY & THE EU?

Søren Pietzcker

Partner

Heuking Kühn Lüer Wojtek

 

11 - WARNING: NEW LABELING REQUIREMENTS UNDER CALIFORNIA PROPOSITION 65, AS AMENDED

Brian Bloom

Partner

Moritt Hock & Hamroff LLP

 

12 - 2018 NAD CASES: TOP TEN TIPS & TAKE-AWAYS

Aaron Taylor

Partner

Davis & Gilbert LLP

 

13 - SPECIAL PROBLEMS: INSURANCE COMPANIES

Jason Holleb

Staff Attorney

Allstate Insurance Company

 

14 - BUY AMERICAN, HIRE AMERICAN: MARKETING PRODUCT ORIGIN WITHOUT CROSSING RISKY LINES

Kristi Wolff

Partner

Kelley Drye & Warren LLP

 

15 – INCENTIVIZING YOUR AGENCY: ARTIFICIAL INTELLIGENCE AND THE GDPR

Arne Neubauer

Associate

Osborne Clarke LLP

Tina Gausling

Senior Associate

Osborne Clarke LLP

8:15am  

GENERAL SESSION

7th Floor Grand Ballroom

 

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak

Senior Vice President, Law

ANA

7th Floor Grand Ballroom

8:25am  

OPENING REMARKS

Bob Liodice

Chief Executive Officer

ANA

7th Floor Grand Ballroom

8:50am  

YEAR IN REVIEW, SWEEPSTAKES, CONTESTS, PRIVACY, DIGITAL & SOCIAL MEDIA

Masters of the arts give 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 Goldstein

Co-Leader, Advertising, Marketing & Digital Media Practice

Baker Hostetler LLP

Amy Mudge

Co-Leader, Advertising, Marketing & Digital Media Practice

Baker Hostetler LLP

7th Floor Grand Ballroom

9:45am  

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.

Kenneth Florin

Chairman

Loeb & Loeb LLP

Monique Bhargava

Partner

Loeb & Loeb LLP

Brian Heidelberger

Chair, Advertising, Marketing and Promotions

Loeb & Loeb LLP

Nate Hole

Deputy Chair, Advanced Media and Technology

Loeb & Loeb LLP

Melanie Howard

Chair, Intellectual Property Protection

Loeb & Loeb LLP

View Presentation

7th Floor Grand Ballroom

10:40am  

NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer

11:00am  

GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

 

ADVERTISING REVIEW OF THE YEAR'S BIG CASES WITH THE REGULATORS

Marc Roth

Partner

Davis Wright Tremaine LLP

Paul Singer

Chief

Consumer Protection Office of the Texas AG

Lesley Fair

Senior Attorney, Bureau of Consumer Protection

FTC

Laura Brett

Director, National Advertising Division

ASRC

7th Floor Grand Ballroom

11:55am  

THE FUTURE OF MEDIA: WHAT DOES INDUSTRY MERGER ACTIVITY MEAN FOR THE ADVERTISING INDUSTRY?

Christopher Cole

Partner

Crowell & Moring LLP

David Ervin

Partner

Crowell & Moring LLP

Augustine Fou

Independent Cybersecurity and Ad Fraud Researcher

Marketing Science Consulting Group, Inc.

Sean-Paul Brankin

Partner

Crowell & Moring LLP

View Presentation

7th Floor Grand Ballroom

1:00pm  

LUNCHEON  

5th Floor Chicago Ballroom

 

SPEAKER

FTC Policy and Enforcement Going Forward

Andrew Smith

Director, Bureau of Consumer Protection

FTC

5th Floor Chicago Ballroom

2:20pm  

GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

 

INFLUENCER MARKETING NATIVE ADVERTISING & USER GENERATED CONTENT

Moderator:

Po Yi

Partner

Venable LLP

Pauline Jaturongpanich

Associate

Venable LLP

Christopher Lentz

Senior Corporate Counsel

Ulta Beauty Inc.

Mary Engle

Associate Director, Advertising Practices

Bureau of Consumer Protection, FTC

View Presentation

7th Floor Grand Ballroom

3:15pm  

EMERGING TRENDS IN ADVERTISING LITIGATION

This session will address significant 2018 decisions in Lanham Act and consumer fraud class action cases, as well as challenges before the National Advertising Division (NAD) and appeals before the National Advertising Review Board (NARB). Mr. Simon’s and Ms. Patt’s presentation will discuss emerging trends in advertising litigation that can be gleaned from these cases.

Norman Simon

Partner, Co-Chair, Advertising Litigation

Kramer Levin Naftalis & Frankel LLP

Eileen Patt

Partner

Kramer Levin Naftalis & Frankel LLP

View Presentation

7th Floor Grand Ballroom

4:10pm  

NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer/5th Floor Chicago Ballroom Foyer

4:25pm  

BREAKOUTS VI

5th Floor

 

BRANDS & MUSIC – DEAL POINTS ON MUSIC LICENSING & USE AN OVERVIEW OF THE LEGAL ISSUES

Moderator:

A.J. Correale

Member

Frost Brown Todd LLC

Matthew Dornauer

General Counsel

Phusion Projects, LLC

View Presentation

5th Floor Chicago ABC

 

GALA: CHANGING GLOBAL AWARENESS OF GENDER ISSUES IN ADVERTISING

Moderator:

Cisca Brouwer

Senior Associate General Counsel, Global Commerce

Snap Inc.

Juan Carlos Uribe

Partner

Triana Uribe & Michelsen, Columbia

Daniel Haije

Partner

Hoogenraad & Haak, Netherlands

Kelly Harris

Partner

Miller Thomson LLP

Brinsley Dresden

Partner

Lewis Silkin, UK

View Presentation

5th Floor Denver/Houston/Kansas City

 

ISSUES: DATA IN THE CONTEXT OF MARKETING POST-GDPR

Lauren Tang

Associate General Counsel, Marketing and Advertising

Facebook

Nick Johnson

Partner

Osborne Clarke LLP

Noga Rosenthal

Chief Privacy Officer & General Counsel

NCC Media

Alan Sutin

Shareholder

Greenberg Traurig, LLP

Jessica Finkelstein

Deputy General Counsel

Pinterest

5th Floor Chicago D

 

LOYALTY PROGRAMS: LITIGATION AND REGULATORY CONCERNS

Moderator:

Melissa Landau Steinman

Partner

Venable LLP

Nina Winner

Assistant General Counsel

Sears Holding Corporation

Marisa Gomez

Assistant General Counsel

Capital One Services, Inc.

Alicia Kabiri

Vice President, Sr. Counsel Brands and Marketing

Hilton

View Presentation

5th Floor Chicago E

 

SUBSTANTIATING ADVERTISING RISKS FOR ACQUIRED PRODUCTS: HEIGHTENED RISKS & TIPS FOR AVOIDING THEM

The development or acquisition of a new product or new product category can be a major force driving corporate growth The campaign advertising for new products is vital to the development of the new product’s market share and consumers’ perception of the product. This panel will discuss best practices for reducing the chance that a new product’s launch campaign is interrupted or altered by lawsuits, NAD challenges or regulatory.

Moderator:

Alexander Kaplan

Partner

Proskauer Rose LLP

Laura Brett

Director, National Advertising Division

ASRC

Kathryn Farrara

Assistant General Counsel, Marketing

Unilever

View Presentation

5th Floor Chicago FGH

5:30pm  

BREAKOUTS VII

5th Floor

 

PIRACY

Piracy is a worldwide problem and has been for decades if not centuries. The value lost through counterfeits is in the billions yearly. This panel will discuss the current and future state of counterfeiting, the legal tools available, and enforcement issues.

Rory Radding

Partner

Locke Lord LLP

View Presentation

5th Floor Denver/Houston/Kansas City

 

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

Natalie Troilo

Senior Corporate Counsel

Dick’s Sporting Goods

Todd Ellsworth

Chief Business Development & CLO

CBS EcoMedia & Givewith LLC

View Presentation

5th Floor Chicago ABC

 

EXPERIENTIAL MARKETING

So-called experiential marketing includes an evolving spectrum of online, mobile and in-person invitations to interact with a product or service.  While the marketing team tries to determine how to measure the success of experiential, the legal team focuses on mitigating risk. This panel will explore the topic from the agency, brand client and media company perspectives.

Moderator:

Benjamin Mulcahy

Partner

DLA Piper LLP

Amanda Conti-Duhaime

Lead Counsel, Advertising, Marketing & Promotion

FCA USA LLC

Stephanie Bhonslay

Deputy General Counsel

Havas

Kesari Ruza

VP, Legal Affairs

HBO

View Presentation

5th Floor Chicago D

 

HOW TO SURVIVE AN FTC INVESTIGATION WITH A ROBUST ADVERTISING 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.

Laura Kim

Partner, Vice Chair, Advertising & Consumer Protection Practice Group

Covington & Burling LLP

Patricia Doyle

Senior Advertising Law Compliance Manager

Microsoft Corporation

View Presentation

5th Floor Chicago E

 

DATA BREACH UPDATE: UNTANGLING THE COMPLEXITIES OF GLOBAL BREACH RESPONSE

Learn from the experts how to manage security breaches under the new EU General Data Protection Regulation and other foreign privacy laws, and how to protect against and deal with phishing attacks, malware, business email compromises, ransomware, and other evolving threats.

Melinda McLellan

Partner

Baker Hostetler LLP

Kelly Alto

Legal Counsel

Abercrombie & Fitch Co.

View Presentation

5th Floor Chicago FGH

6:30pm  

COCKTAIL RECEPTION

7th Floor Grand Ballroom - Salon 3

Friday, November 9, 2018
7:00am  

REGISTRATION OPENS

7th Floor Grand Ballroom Foyer

7:15am  

BREAKFAST  

5th Floor Chicago Ballroom

8:15am  

GENERAL SESSION

7th Floor Grand Ballroom

 

INTRODUCTION

Ed Kabak

Senior Vice President, Law

ANA

7th Floor Grand Ballroom

8:25am  

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 Presentation

7th Floor Grand Ballroom

8:55am  

PURSUIT OF “TRUTH” IN ADVERTISING

The pursuit of “truth” in advertising has always driven the industry - and the regulators. But what does truth in advertising really mean today? The rapid evolution, transformation and radicalization of social media has made it more and more difficult to distinguish fact from fiction - and real news from fake news. Influencer marketing has transcended traditional celebrity models and become seeded into our everyday routine - and sometimes, we can’t tell what’s genuine. Marketers continuously struggle to cut through the noise and reach consumers in an authentic way. Meanwhile, the data brokers and social media platforms are collecting, channeling and analyzing a tsunami of data - a force behind the scenes of our daily lives that is only growing stronger. This year, come to challenge your preconceptions about truth and authenticity in the industry today. Whether you are a brand, agency, retailer, publisher, media or technology company, hear a fast-paced and exciting exploration of the digital  and social worlds we live in - and maybe a few other worlds as well.

Ronald Urbach

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

Davis & Gilbert LLP

View Presentation

7th Floor Grand Ballroom

9:50am  

NETWORKING COFFEE BREAK  

7th Floor Grand Ballroom Foyer

10:10am  

GENERAL SESSION CONTINUED

7th Floor Grand Ballroom

 

OMNI CHANNEL DREAMS AND NIGHTMARES

This session will highlight retail advertising’s shift to Omni channel communications to take advantage of the increased sales associated with the multitude of relevant customer contacts. Discussion of a wide variety of the legal issues that may have been over looked by the business and IT groups that have been largely tasked with implementing the brand’s Omni channel strategy.

Craig Cardon

Partner

Sheppard Mullin Richter & Hampton LLP

Sirena Roberts

Vice President, Associate General Counsel

Williams-Sonoma, Inc

Miranda Stephani

Associate General Counsel

Levi Strauss & Co.

Sam Castic

Senior Director of Privacy & Associate General Counsel

Nordstrom, Inc.

View Presentation

7th Floor Grand Ballroom

11:05am  

TEN MAJOR CONTRACT CLAUSES EVERY MARKETING LAWYER CAN'T DO WITHOUT

Advertising law is a super-specialized area. At the same time, however, advertising lawyers need to know at least a little bit about lots of different areas of law: false advertising, unfair competition, copyright, trademark, right of publicity, privacy, employment, labor, regulatory … and of course, contracts. It takes a village to launch an advertising campaign, and the advertising lawyer needs to be familiar with a broad range of agreements to get the job done.

Hear esteemed counsel pick about a dozen contract provisions that every advertising lawyer needs to have in her form riles. This isn’t going to be a presentation about drafting (although the speakers will share their “best” versions of the provisions); instead, they will explore why the selected provisions are important, how these provisions get negotiated, and what might happen if your forget to include them in your contracts. Here are some areas of coverage:

  • Representations and warranties you want to have from your influencers
  • Idea submission waivers (and the unexpected places where you should have one)
  • Union assumption provisions in agency-client agreements, music licenses, and feature co-promotion deal
  • Morals clauses for talent agreement in this #metoo Era
  • What “post-term” provisions should you include in talent agreements, content licenses and other agreements?
  • Model releases in 2018
  • “Special Provisions” to include in a performer agreement for spots produced under the SAG-AFTRA low budget digital waiver
  • Terms of Service for that little app you are developing for your client
  • Securing consent to “regram” content (what are the options?)

Moderator:

Jeffrey Greenbaum

Managing Partner

Frankfurt Kurnit Klein & Selz PC

Moderator:

Brian Murphy

Partner

Frankfurt Kurnit Klein & Selz PC

View Presentation

7th Floor Grand Ballroom

12:00pm  

AN ALL- STAR PANEL ON THE SHARED ECONOMY

How the business model affects communications, the enforcement of community guidelines, and the complex world of consumer reviews.

Moderator:

Jane Pollack

Chief Marketing and Advertising Counsel

Uber Technologies, Inc.

Nicolette Martz

Senior Corporate Counsel

Yelp

Alica Del Valle

Lead Counsel, I.P. & Marketing

Airbnb

View Presentation

7th Floor Grand Ballroom

12:45pm  

LUNCH

Topic: THE WILD WIDE WORLD OF AUGMENTED REALITY

Don McGowan

Chief Legal Officer & Business Affairs

The Pokémon Company International, Inc

7th Floor Grand Ballroom

1:50pm  

BREAKOUTS VIII

5th Floor

 

THINKING BIG – HOW TO PREDICT THE FUTURE OF INDUSTRY, COMMUNICATION, AND SOCIETY!

(Or, a discussion of negotiating celebrity and influencer-branded endorsement deals)

Moderator:

Jessica Borowick

Associate

Venable LLP

Jay Golder

Assistant Vice President, Corporate Counsel

Enterprise Holdings, Inc.

View Presentation

5th Floor Chicago ABC

 

CHILDREN'S ADVERTISING, CARU, COPPA, CONNECTED TOYS & CHILD INFLUENCERS

Co-Moderator:

Allison Fitzpatrick

Partner

Davis & Gilbert LLP

Co-Moderator:

Phyllis Marcus

Partner

Hunton Andrews & Kurth LLP

Dona Fraser

Director, Children’s Advertising Review Unit

ASRC

Joseph Sena Jr.

Marketing Counsel

The Campbell Soup Company

5th Floor Chicago D

 

GLOBAL SOCIAL MEDIA: KEY ISSUES AND LEARNING IN MERGERS, ACQUISITIONS, CONTRACTS & MANAGEMENT

Aba Rogers

Counsel Corporate Finance and Mergers & Acquisitions

The Coca-Cola Company

Ilana Lubin

Partner

Crowell & Moring LLP

Da’Morus Cohen

Associate

Holland & Knight LLP

View Presentation

5th Floor Chicago E

 

STATE ATTORNEY GENERAL POLICY & ENFORCEMENT

Moderator:

John Feldman

Partner

Reed Smith LLP

Jane Azia

Chief of the Bureau of Consumer Fraud & Protection

Office of N.Y. Attorney General

View Presentation

5th Floor Chicago FGH

 

THE MAKING OF THE GRAMMY MOMENT: HOW INTEL HELPED LADY GAGA BECOME DAVID BOWIE

Sidney Fohrman

Partner

Sheppard Mullin Richter & Hampton LLP

Dominic Sandifer

Group President

Greenlight Media and Marketing

5th Floor Denver/Houston/Kansas City

2:45pm  

COFFEE BREAK  

5th Floor Chicago Ballroom Foyer

3:00pm  

BREAKOUTS IX

5th Floor

 

THE HIGHS & LOWS OF CANNABIS MARKETING – WHATS NEXT IN THE US & CANADA

Sarah Robertson

Partner

Dorsey & Whitney LLP

Daniel Stein

Chief Executive Officer

EVB

Felix Green

Head of Product

GTI

A. Chandimal Nicholas

Associate

Cassels Brock & Blackwell LLP

Charles Cantu

Cantu Holdings

View Presentation

5th Floor Denver/Houston/Kansas City

 

THE NEW CALIFORNIA PRIVACY LAWS

Moderator:

Gary Kibel

Partner

Davis & Gilbert LLP

Moderator:

Robert Newman

Co-Chair, Privacy, Security and Data Innovations

Loeb & Loeb LLP

5th Floor Chicago ABC

 

RETAIL AND FOOD CLAIMS

The ways in which retailers and food companies need to work together on claims. What happens when retailers put a product in a specific shelf category that also doubles as a claim, and the requirement that store products need to meet certain claims; competitive claims against food companies.

Laura Protzmann

Associate General Counsel

Kind Snacks

Sharon Kohn

Senior Legal Editor, Commercial Transactions Practical Law

Thomson Reuters

Hal Hodes

Senior Staff Attorney

National Advertising Division, ASRC

View Presentation

5th Floor Chicago D

 

PROTECTING YOUR BRAND, AND CORPORATE REPUTATIONAL MANAGEMENT

Meredith Levins

Marketing & Commercial Counsel

Airbnb

Carla Michelotti

President

Carla Michelotti, LLC

View Presentation

5th Floor Chicago E

 

PROTECTING SOCIAL MEDIA AGAINST BOTS, FAKE PROFILES, & AUTOMATION PROGRAMS

Bots, fake profiles, automation programs- these issues are affecting social media every day. From fake followers and the Twitter purge to the bot programs running rampant on Instagram, companies are starting to address such rapid changes and ensure social media/digital strategies protect against such issues. A company’s brand image and ROI may be affected if the company does not take proactive steps to take a stance against the proliferation of bots, fake profiles, and automation programs.

Christina Kwok

Counsel

Beiersdorf

View Presentation

5th Floor Chicago FGH

3:55pm  

CONFERENCE ADJOURNMENT

Please Note: Speakers, sessions, locations and dates are subject to change by the ANA 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 full refund will be granted, if written request for cancellation is received by email 60 or more calendar days before the conference start date.
  • A 50% refund will be granted, if written request for cancellation is received by email 45 or more calendar days before the conference start date.
  • No refund will be granted, if written request for cancellation is received by email 21 or less calendar days before the conference start date.
  • No refund will be granted 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 promo code during the registration process.
  • A $125 processing fee will be assessed to change the name on a registration for any registrant who is not a client-side marketer member.
  • Hotel room cancellations and changes must be made directly with the hotel. 

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.

  • GES
  • gyro:
  • EMA