2018 ANA/BAA Marketing Law Conference

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. In order to use the ANA rate, you must be registered to attend the conference. A reservation link will be provided under the "Important Information" section of your conference registration confirmation email. The cut-off date is Monday, October 15, 2018, after which prevailing rates apply.

Registration Pricing

Early-bird pricing is in effect through 09/17/2018

    Client-Side Marketer Marketing Service Provider Gold Marketing Service Provider Silver Associate Individual Nonmember
Registration
  REGISTRATION $1,885 $1,885 $2,095 $2,300 $2,300

*Early-bird pricing reflects between a $205-$320 savings*

ANA Members & Marketing Service Provider Gold Members may take advantage of special corporate pricing of $5,040 for up to three members from the same company. Please note that no refunds of any kind are available for corporate packages, and we cannot split payments between credit cards. Please click here to take advantage of this special rate. Please visit our website at http://www.ana.net/members/associatelist to see if your company is a Marketing Service Provider member and here at http://www.ana.net/members/list to see if your company is an ANA member.

For issues processing your registration or other frequently asked questions, please refer to this page.

Attendee lists are not provided ahead of the conference. You will receive a hard copy when you check in on-site, and it will also be made available on the ANA Events app once the conference has begun.

For information on speakers & sponsorships, please email Ed Kabak at ekabak@ana.net or call 646-708-8123.

Register Now

Agenda
Wednesday, November 7, 2018
11:30am  

REGISTRATION OPENS

1:00pm  

BREAKOUT SESSIONS

 

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.

Moderator: Barry Benjamin

Partner

Kilpatrick, Townsend & Stockton LLP

 

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.

Moderator: Gonzalo Mon

Partner

Kelley Drye & Warren LLP

 

COPYRIGHT AND TRADEMARK IN THE NEW ECONOMY

Session details to follow.

Cynthia Walden

Principal

Fish & Richardson P.C.

Kristen McCallion

Principal

Fish & Richardson P.C.

Aparna M. Dave

Managing Counsel, Brand Marketing, Trademark & Copyright

Wells Fargo

 

KEY TRADEMARK ISSUES

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.

Kristin Achterhof

Partner

Katten Muchin Rosenman LLP

 

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.

2:05pm  

BREAKOUT SESSIONS CONTINUED

 

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

 

ETHICS FOR LAWYERS

Session details to follow.

Jack P. Sahl

Professor

University of Akron Law School

 

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 and Hamroff LLP

 

GDPR AND E PRIVACY: NEXT STEPS

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

Mary Ann Wymore

Officer

Greensfelder, Hemker & Gale, P.C.

Osborne Clarke LLP

 

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

Session details to follow.

Thomas Adams

Assoc. Director & Assoc. General Counsel

The Procter & Gamble Company

Cheryl Givner

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

MasterCard

Brett Scharback

Vice President and General Counsel

Chicago Cubs

3:05pm  
 

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.

Robert Corn-Revere

Partner

Davis Wright Tremaine LLP

 

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?

Rick Kurnit

Partner

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

Greg Brehm

Vice President & Associate General Counsel

Buzzfeed

Ellie Boragine

VP & Chief Advertising Counsel

American Express

Lasharelle Morgan

Senior Corporate Counsel

Audible

 

THE ENDORSEMENT GUIDES, SPONSORSHIPS & THE LATEST IN FTC ENFORCEMENT

Session details to follow.

Theresa Harris

Senior Counsel

Target

Gina Reif Ilardi

Partner

DLA Piper LLP

Leslie Holland

Vice President, Legal Affairs

Live Nation

Kyle Birch

Assistant General Counsel

Comcast

 

BEST TRANSACTIONAL PRACTICES FOR THE PROGRAMMATIC ADVERTISING ECOSYSTEM

Session details to follow.

Moderator: James D. Taylor

Partner & Co-Chair Advanced Media and Technology

Loeb & Loeb LLP

 

WORKSHOP IN PROTECTING AGAINST CONSUMER FRAUD & CLASS ACTIONS

Key learning from an expert in how to prevent the institution of consumer fraud, class action claims and how to defend against them with insights into motion practice and decertification of class claims.

Megan Frient

Senior Counsel, Global Litigation and Dispute Resolution

The Procter & Gamble Company

Eileen Patt

Partner

Kramer Levin Naftalis Frankel LLP

 

THE SHARED ECONOMY: DISRUPTION CONTINUES

Session details to follow.

4:05pm  

BREAKOUT SESSIONS CONT'D

 

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

Session details to follow.

Laura E. Jehl

Partner

Baker Hostetler LLP

 

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 and Thomson LLP

Limor Robinson Mann

Chief Oral Care Marketing Counsel, Global

Colgate-Palmolive Company

 

AUGMENTED REALITY, VR AND AI – MORE AHEAD

Session details to follow.

Moderator: Robert Driscoll

Partner

Davis Wright Tremaine LLP

Kenneth Rubenstein

Director Legal

Google

Shaka Johnson

Associate General Counsel

Oculus VR

Eric Baum

SVP, Business & Legal Affairs

Sony Pictures Entertainment

 

THIRD PARTY RIGHTS

Session details to follow.

Jason Gordon

Partner

Reed Smith LLP

Mary A. Carragher

Chief Counsel, Global Marketing & Media

Mondelez International, Inc.

Lynnette Fuller-Andrews

VP & Deputy General Counsel

Hanes Brands, Inc.

 

E-SPORTS: NEGOTIATING RIGHTS, TALENT & BRAND SAFETY

Session details to follow.

Suemyra Shah

General Counsel

Whistle Sports

Michelle Parker

Deputy General Counsel

Twitch TV

Jennifer Hurley

Managing Corporate Counsel

T-Mobile

5:05pm  

BREAKOUT SESSIONS CONTINUED

 

MORE TCPA LITIGATION IN THE NEW REGULATORY ENVIRONMENT

Session details to follow.

Moderator: Terese Arenth

Partner

Partner Moritt, Hock & Hamroff LLP

Alycia Horn

Vice President and Deputy General Counsel

Comcast

 

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

Jane Pollack

Chief Marketing & Advertising Counsel

Uber Technologies

W. David Hubbard

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

Verizon Communications

Caroline Selfridge

Managing Counsel

Intel

 

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

Session details to follow.

Donna Wilson

Partner

Manatt Phelps and Phillips LLP

Steve Kim

Associate General Counsel

Spotify

 

HOT ISSUES IN IN-STORE RETAIL MARKETING-SCANNING, PAYMENT, GEO LOCATION AND COUPONS

Session details to follow.

Paul Twarog

Director

Legal Google

Brandi Van Leeuwen

Senior Counsel

Meijer Inc

Kate Eguchi

Senior Transactional Counsel

Whole Foods

 

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

Session details to follow.

Alexander Kaplan

Partner

Proskauer Rose LLP

6:00pm  

COCKTAIL RECEPTION  

Thursday, November 8, 2018
6:45am  

REGISTRATION OPENS

7:15am  

BREAKFAST  

ROUNDTABLE BREAKFASTS WITH THE EXPERTS

 

1- Not all Fun and Games: Practical Answers to your Vexing Promotion Questions

Larry Berney

General Counsel

Don Jagoda

 

2- E-privacy Rule - A Hard Pill To Swallow

Speakers TBD

 

3- Chat Bots Social Bots and Fake Bots - Risks and Rewards

Hannah Taylor

Counsel

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

 

4- Platform and Disclosure Rules

Scott Schleifstein

Partner

Cowan Silverman & Rowan LLP

 

5- Natural and Organic Claims

Speakers TBD

 

6- Overcoming Difficulties in Compliance with COPPA

Katie Goldstein

Senior Counsel, CARU Unit

ASRC

8:15am  

GENERAL SESSION BEGINS

 

WELCOME & INTRODUCTION OF CO-CHAIRS

Ed Kabak

Senior Vice President, Law

ANA

 

OPENING REMARKS

Bob Liodice

Chief Executive Officer

ANA

 

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

Baker Hostetler LLP

 

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.

Loeb & Loeb LLP

10:30am  

NETWORKING COFFEE BREAK  

10:50am  

GENERAL SESSION CONTINUED

 

ADVERTISING REVIEW OF THE YEAR BIG CASES WITH THE REGULATORS

Session details to follow.

Marc Roth

Partner

Davis Wright Tremaine LLP

Paul Singer

Chief

Consumer Protection Office of the Texas AG

Leslie Fair

Senior Attorney, Bureau of Consumer Protection

FTC

Laura Brett

Director, National Advertising Division

ASRC

 

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

Session details to follow.

Christopher Cole

Partner

Crowell & Moring LLP

David Ervin

Partner

Crowell & Moring LLP

12:30pm  

LUNCHEON  

 

KEYNOTE SPEAKER

FTC Policy and Enforcement Going Forward

Andrew Smith

Director

Bureau of Consumer Protection, FTC

1:45pm  

GENERAL SESSION CONTINUED

 

INFLUENCER MARKETING NATIVE ADVERTISING & USER GENERATED CONTENT

Moderator: Amy R. Mudge

Partner

Venable LLP

Mary Engle

Associate Director, Advertising Practices

Bureau of Consumer Protection, FTC

 

ADVERTISING LITIGATION; AN OVERVIEW OF KEY DEVELOPMENTS IN LANHAM ACT, NAD & CONSUMER CLASS ACTIONS

Norman C. Simon

Partner

Kramer Levin Naftalis & Frankel LLP

3:55pm  

NETWORKING COFFEE BREAK  

 

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

 

GALA: GLOBAL ADVERTISING

Moderator: Cisca Brouwer

Associate General Counsel

Snap Inc.

 

LOYALTY PROGRAMS: LITIGATION AND REGULATORY CONCERNS

Moderator: Melissa Landau Steinman

Partner

Venable LLP

Alicia Kabiri

Vice President and Senior Counsel, Operations

Hilton Worldwide

Nina R. Winner

Associate General Counsel

Sears Holding Corporation

 

DATA BREACH: ONE EXPLOSION AFTER ANOTHER

Learn from the experts how to Protect against and deal with Malware, Phishing, Password attacks, Ransomware, denial of source and other known and unknown data breaches.

Melinda McLellan

Partner

Baker Hostetler LLP

 

CLAIM SUBSTANTIATION IN MULTIPLE BUSINESS CONTEXTS

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.

Lawrence I. Weinstein

Partner

Proskauer Rose LLP

Kathryn Farrara

Senior Attorney

Unilever

Laura Brett

Director, National Advertising Division

ASRC

4:50pm  

PIRACY

Rory Radding

Partner

Locke Lord LLP

 

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

Greenburg Traurig LLP

Todd Ellsworth

Chief Business Development & CLO

Ecomedia CBS

 

ISSUES: SOCIAL MEDIA ADVERTISING, DATA COLLECTION & USAGE

Lauren Tang

Associate General Counsel, Marketing and Advertising

Facebook

 

EXPERIENTIAL MARKETING

Benjamin Mulcahy

Partner

DLA Piper LLC

 

AMPING UP COMPLIANCE: STRATEGIES FOR IMPLEMENTING A ROBUST & EFFICIENT MARKETING 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 M Kim

Of Counsel

Covington & Burling LLP

Patricia Doyle

Senior Advertising Law Compliance Manager

Microsoft Corporation

5:45pm  

COCKTAIL RECEPTION

Friday, November 9, 2018
7:00am  

REGISTRATION OPENS

7:15am  

BREAKFAST  

8:15am  

GENERAL SESSION BEGINS

 

INTRODUCTION

Ed Kabak

Senior Vice President, Law

ANA

 

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

 

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

9:55am  

NETWORKING COFFEE BREAK  

10:15am  

GENERAL SESSION CONTINUED

10:20am  

Omni Channel Dreams and Nightmares–nightmares.  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

 

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

Session details to follow.

Co-Moderator: Jeffrey A. Greenbaum

Managing Partner

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

Co-Moderator: Brian Murphy

Partner

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

12:15pm  

LUNCH

1:10pm  

COFFEE BREAK & DESSERT  

2:00pm  

BREAKOUT SESSIONS

 

CELEBRITY/TALENT

Session details to follow.

Co Moderator: Po Yi

Partner

Venable LLP

 

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

Session details to follow.

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

 

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

Session details to follow.

Aba Rogers

Counsel Corporate Finance and Mergers & Acquisitions

The Coca-Cola Company

 

STATE AG POLICY & ENFORCEMENT

Jane Azia

Chief of the Bureau of Consumer Fraud & Protection

Office of N.Y. Attorney General

 

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

Session details to follow

Sidney Fohrman

Partner

Sheppard Mullin Richter & Hampton LLP

Dominic Sandifer

Group President

Greenlight Media and Marketing

3:00pm  

ON THE BORDER: LEGAL OR ILLEGAL? CANNABIS MARKETING IN A CONFLICTED WORLD

Session details to follow

Sara Robertson

Partner

Dorsey & Whitney LLP

 

USER GENERATED CONTENT: DMCA, THE ATTACK ON CDA IMMUNITY & REASSESSMENT

Session details to follow.

 

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

 

DIGITAL PRODUCTION OF MEDIA/ELECTRONIC MANIPULATION OF PHOTOS, VIDEO AND AUDIO

Session details to follow.

Beiersdorf

 

LABELING & PACKAGING ISSUES IN THE US & AROUND THE WORLD

Session details to follow.

4:00pm  

CONFERENCE ADJURNMENT

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 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 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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