BAA's 37th Marketing Law Conference-Walking the Line: Between Innovation and Regulation

This event is over.

Join your colleagues from the nation’s leading brands and law firms at the industry’s most important marketing and advertising law conference. Topics include a deep dive into multiple aspects of digital and social media, consumer reviews, on-time behavioral advertising, big data, native advertising, branded entertainment, COPPA, SAG-AFTRA, celebrity talent and sponsorship deals, all aspects of domestic and global privacy, sweepstakes, contests and games, gift/ loyalty cards, FTC/Keynote, regulated industries (alcohol beverages et al), copyright, trademark and patents, Lanham Act, class actions, COPPA/CARU and FCC, FDA, CFPB and State AG enforcement, sports deals, ambush marketing and Gamification. Advanced practical knowledge from the  experts as well as sessions suitable for all levels of practice.

For 2015 we have already 117 committed speakers, including 41 brand legal speakers with 135 brands and 700+ attendees expected , including the cream of the crop of outside counsel and numerous regulators. All attendees receive a 2,000 page Text Reference Takeaway – With The Industry’s Best Networking and Major CLE credits(22 credit hours in NY and California in 2014) including for Ethics!

For questions on speakers, sponsorships, and other matters, please contact Ed Kabak, 212-340-0083 ekabak@baalink.org

When
Begins:Monday, November 9, 2015 at 2:00pm
Ends:Wednesday, November 11, 2015 at 4:00pm
Where

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

The BAA has negotiated a special room rate of $285/night. In order to use the BAA rate, you must be registered to attend the conference. To reserve a room under this rate, please click here. The cut-off date is Thursday, October 22 2015, after which prevailing rates apply.

Overflow Hotel- The BAA has negotiated a special rate of $279 per night at The Gwen Hotel. To make a reservation, call 888-627-7039 or click here. The cutoff date for reserving a room at The Gwen Hotel is Friday, October 30, 2015.


Get special rates on car rentals using promotion codes located in this document.

Agenda
Monday, November 9, 2015
1:00pm  

Registration Opens

2:00pm  

Basics

Basics of Sweepstakes, Contests & Games with a side bar on Rules Drafting

Ross Weisman

Partner

Kirkland & Ellis LLP

Chicago A/B/C

 

Basics of Advertising Law in the Land of Links, Buttons & Clicks

Gonzalo Mon

Partner

Kelley Drye & Warren LLP

Chicago D

 

Basics of Privacy, Data Protection & Security

Doron S Goldstein

Partner

Katten Muchin Rosenman LLP

Chicago E

 

Ethics Issues, Including re Legal Opinions and Joint-Party Agreements

Jeffrey Smith

Shareholder

Greenberg Traurig LLP

Chicago F/G/H

3:00pm  

The Regulated Industries/Intellectual Properties, And Canadian Issues

 

The Law of Stimulants - Alcoholic Beverages and the Grass that’s Still Green in the West

Co-Moderator, Scott Schleifstein

Partner

Cohen Silverman & Rowan LLP

Co-Moderator, Gina Reif Ilardi

Partner

Sheppard Mullin Richter & Hampton LLP

Rachel Kimbrough

SVP, Business & Legal Affairs

Lionsgate Entertainment

Chicago A/B/C

 

Growing Problem Areas in Canada

Moderator, Catherine Bate

Partner

Miller Thomson LLP

Elisa Edlund

Sr Attorney

International Diary Queen

Denver/Houston/KC

 

Copyright in an Electronic Crowd sourced Age

Moderator, Brian Fergemann

Partner

Winston & Strawn LLP

Laura Altieri

Ass't General Counsel

E&J Gallo Winery

Chicago D

 

Neither Convoluted nor Diluted; A Review Of Trademark Law in the Advertising and Marketing Arena

Gregory G. Bennett

Associate

Locke Lord LLP

Chicago E

 

Sports /Sponsorships/ Olympic and Other Issues

Moderator, Seth A.Rose

Partner

Loeb & Loeb LLP

Jane G. Pollack

Chief Counsel Advertising & Sponsorships

Citigroup Inc.

Chris McCleary

General Counsel

United States Olympic Committee

Chicago F/G/H

4:00pm  

The Other Agencies

The FCC Moves into the Spotlight

Chrstin McMeley

Partner

Davis Wright Tremaine LLP

Ronnie London

Counsel

Davis Wright Tremaine LLP

Chicago A/B/C

 

FDA Interface

Moderator, Georgia Ravitz

Partner

Arent Fox LLP

Patrick R. Bilbo

SVP, Regulatory, Government Affairs & Administration

Organogenesis, Inc.

Amanda Vann Faulkner

Counsel, Food Law & Advertising Substantiation

The Coca-Cola Co.

Chicago D

 

California – Florida & State A.G. Enforcement of Privacy in the U.S.

Moderator, Ronie Schmelz

Counsel

Tucker Ellis LLP

Patrice Malloy

Chief Multi-State & Privacy Bureau, Sr. Assistant

A.G., FL

Joanne McNabb

Dir. of Privacy

Education & Privacy Office of the A.G., CA

Chicago E

 

Global Privacy and the US EU interface

Moderator, Stephen Groom

Partner

Osborne Clarke LLP

Jeanette Fitzgerald

EVP, General Counsel & Chief Privacy Officer

Epsilon

Chicago F/G/H

5:00pm  

New Challenges

 

Just What is Going On: The Surge in TCPA Litigation and Opt Out/In Issues

Moderator, Terese Arenth

Partner

Moritt Hock & Hamroff LLP

Adam Rubin

Senior Vice President, Legal Affairs

PrizeLogic

William Heberer

VP Law, Cable & Communications

Cablevision

Chicago A/B/C

 

NY State AG: Collaborative Enforcement with Private Industry

Moderator, Katherine Winfree

Partner

Manatt Phelps & Phillips LLP

Clark Russell

Deputy Bureau Chief, Internet Bureau

Office of A.G., NY

Chicago D

 

Consumer Review Sites and Reviewing the Reviewers

Moderator, John Feldman

Partner

Reed Smith LLP

David Morris

Assistant General Counsel

Trip Advisor

Casey O'Connor

Senior Corporate Counsel

Yelp

Rebecca Griffith

Staff Attorney

NAD

Chicago E

 

When are Gaming Styled Programs Legal?

Moderator, Edward Chansky

Shareholder

Greenberg Traurig LLP

Yvonne M. Imbert-Garraton

Director, Business & Legal Affairs

CBS Interactive

Vic Gallo

Vice President and General Counsel

American Gaming Systems

Chicago F/G/H

6:00pm  

Welcome Cocktail Party  

Grand Salon 3

Tuesday, November 10, 2015
7:00am  

Registration Opens

7:15am  

Breakfast  

Chicago Ballroom

8:15am  

Welcome

Welcome from BAA and Law Co-chairs

Bonnie J. Carlson
President & CEO
BAA

Edward Kabak
Chief Legal Counsel
BAA

Kenneth Rubenstein
Director, Legal
Google

Matthew Fitzpatrick
Director and Associate General Counsel
The Procter & Gamble Company

Eric Baum
Senior Vice President, Business and Legal Affairs
Sony Pictures Entertainment

Benjamin Mulcahy
Partner
Sheppard Mullin Richter and Hampton LLP

Grand Ballroom - 7th floor

8:30am  

General Sessions

Marketing/Advertising Law Review: Sweepstakes, Contests, Privacy, Disclosure & Digital/Social Media

This session will review the leading and most newsworthy developments of the year and what they mean for marketing and advertising lawyers and professionals. Attention will be focused on the FTC revised FAQs for endorsement and testimonial guidelines, new FTC actions involving on-line reviews, new platforms (such as Periscope & Meerkat) , the Michael Jordan case and other key issues. Both the legal and practical effects of these will be carefully considered and close consideration will be given to sweepstakes and skill contests and social and digital media legal issues arising from the latest generation of games and contests.

Linda A. Goldstein

Partner, Chair Advertising Media and Marketing Division

Manatt, Phelps & Phillips LLP

Grand Ballroom - 7th floor

9:25am  

Major Technologies and the Law Today and Tomorrow

This session will consider selected legal developments related to new technologies used by advertisers and marketers, occurring within the last year. Consideration will be given to the rapid pace of technology and to the response by legislators, regulators, including groups and insurer groups, with new guidelines, laws and enforcement actions. This far reaching session or will review all manner of issues from mobile apps to drone transparency and to home security and automated devices, internet connected cars, to data minimization, notice and choice issues, and insufficient opt-out protocols (NOMI case) with guest appearances.

Ken Florin

Partner, Loeb & Loeb, Co-Chair‚ Advanced Media; Chair‚ Digital./Soc. Media

Loeb & Loeb LLP

Grand Ballroom - 7th floor

10:20am  

Coffee Break  

10:40am  

General Session Cont.

Advertising Law 2015 - A Review of the Year’s Key Developments

This session treats both the key and commonly faced advertising law issues, and updates select developments. It will take a close look, as brands partner with entertainment and the line between entertainment and advertising becomes even more blurred at the difficult licensing and advertising compliance questions that must be addressed in developing campaigns, the increasing and complex questions of user-generated content. A comprehensive look on where we are going, cutting across statutes, regulatory and self-regulatory guidelines and case law.

Moderator, Jeffrey A. Greenbaum

Managing Partner

Frankfurt Kurnit Klein & Selz, P.C.

Martin S. Zwerling

Associate Director

NAD, ASRC

Leslie Fair

Senior Attorney

Bureau of Consumer Protection, FTC

Grand Ballroom - 7th floor

11:35am  

European Vacation: Bringing Your Social Media Campaign to Europe

Key guidelines to European local directives/regulations and local law in the areas of social media and data protection. These sessions be presented by a distinguished panel of attorneys from Italy, Germany, France, Poland, and the United Kingdom. The relationship between European directive/regulations and national legislation will be examined and the complexity of various levels of law simplified for the audience from a legal and practical perspective.

Moderator, Soren Pietzcker

Partner

Heuking Kuhn Leur Wojtek (Germany)

Brinsley Dresden

Partner

Lewis Silkin LLP (UK)

Felix Hofer

Partner

Hofer Losch Torricelli (Italy)

Ewa Skrzydlo-Tefelska

Partner

Soltysinski Kawecki & Szlezak (Poland)

Michel Bejot

Partner

Bernard Hertz- Bejot (France)

Grand Ballroom - 7th floor

12:30pm  

Luncheon  

Chicago Ballroom

 

FTC Keynote

The digital revolution has fundamentally altered how companies communicate, engage with, and learn about consumers.  While this technological growth has benefitted consumers immensely, it also poses significant challenges for consumer protection.  Discussion will include the FTC's upcoming enforcement priorities and how the Commission is tackling issues raised by digital revolution - from Big Data to native advertising to gag clauses to green marketing, and everything in between.

Daniel Kaufman

Deputy Director

Bureau of Consumer Protection, FTC

Chicago Ballroom

1:45pm  

General Session Cont.

My Refrigerator Just Sent Me Spam: The Internet of Things and the Onslaught of Claims

The legal implications associated with all of the connected devices now proliferating or in the works are vast and comprehend claims for product liability when sensors fail, IP and ownership and data licensing rights, and consumer discrimination. With outdated laws and brand new FTC guidelines for best practices, there’s a trip wire of stepping through the labyrinth here, of overlapping and often conflicting legal standards; this session, with leading outside counsel and industry experts, provides the latest in guidelines through the minefield.

Moderator, Christin McMeley

Partner

Davis Wright Tremaine LLP

Brenda Pritchard

Partner

Gowling Lafleur Henderson LLP

Simon Krauss

Deputy General Counsel

Cable Television Laboratories, Inc.

Steven Caldwell

Senior Counsel,Global Privacy and Digital Media

The Procter & Gamble Company

Grand Ballroom - 7th floor

2:40pm  

Defending against Actual /Potential FTC and Other Regulatory Investigations

This session, with a leading FTC practice expert and the FTC’s Associate Director, Division of Advertising Practices Bureau of Consumer Protection, will present the most experienced professional guidelines on what to do if and when you or your client receives a Civil Investigatory Demand asking for support of your company’s advertising. You will learn what steps to take to minimize harm, and get your business back to generating sales and revenue.

Moderator, Amy R. Mudge

Partner

Venable LLP

Mary K Engle

Associate Director, Division of Advertising Practices

Bureau of Consumer Protection, FTC

Grand Ballroom - 7th floor

3:35pm  

Coffee Break  

3:55pm  

Breakout Sessions 1

Advertising Litigation-Protecting/Defending Your Brand in the Courts and Beyond

Moderator, Norman C. Simon

Partner

Kramer, Levin, Naftalis & Frankel LLP

Everett L Kier III

Attorney

Exxon Mobil

Matthew Fitzpatrick

Director & Associate General Counsel

The Procter & Gamble Company

Chicago A/B/C

 

Concert Tour and other Sponsorships/Promotions & Music Rights Case Studies

Moderator, David Ervin

Partner

Crowell & Moring LLP

Tracie Chesterman

Senior Director, Intellectual Property Counsel

Polo Ralph Lauren

Ted Suzuki

VP/Deputy General Counsel

AT&T/Direct TV

Chicago D

 

Negotiating Celebrity Talent and Sports Deals

Moderator, Robert Driscoll

Partner

Davis Wright Tremaine LLP

Edward Lance

Sr. Counsel

McDonald’s Corporation

Robert Forbes

Assistant General Counsel

Washington Redskins

Lindsey Orosz

VP/Counsel for the Americas

WPP Group USA

Chicago E

 

Real Time Marketing – Its Legal and Practical Considerations in Social Media

Moderator, Joseph Lewczak

Partner

Davis & Gilbert LLP

W. David Hubbard

VP and Deputy General Counsel-Marketing

Verizon

Jorge A. Martinez

Assistant General Counsel

Intuit

Aparna M. Dave

Senior Counsel-Intellectual Property Section

Wells Fargo

Chicago F/G/H

4:50pm  

Coffee Break

5:05pm  

Breakout Sessions 2

Determining Infringement Risks In Digital Music

Moderator, Brian Murphy

Partner

Frankfurt Kurnit Klein & Selz, PC

Judith Finell

Musicologist/Expert Witness

Chicago A/B/C

 

Cross-Device Tracking: How It Works, Its Benefits, Privacy and Security Risks and Legal Concerns

Moderator, Alan Friel

Partner

Baker Hostetler LLP

Steve Kim

Counsel

Spotify

Kenneth Rubenstein

Director, Legal

Google

Chicago D

 

Important developments in Lanham Act and Consumer Class Action False Advertising Litigation

Lawrence I. Weinstein

Partner

Proskauer Rose LLP

Chicago E

 

The Tricky Terrain Of Retail Marketing- Deceptive Pricing, Mobile Tracking and Other Concerns

Moderator, Jamie Rubin

Partner

Information Law Group LLP

Matthew Fitzpatrick

Dir. & Assoc. Gen. Counsel

The Procter & Gamble Company

Elizabeth H. Baran

Senior Corporate Counsel

Dick's Sporting Goods

Mark Richardson

Corporate Counsel, Merchandising and Marketing

Target

Chicago F/G/H

6:00pm  

Cocktail Party  

Grand Salon 3

Wednesday, November 11, 2015
7:15am  

Breakfast  

Chicago Ballroom

7:20am  

Breakfast with the Experts: The Roundtables

 

Brand/License (Trademark) Enforcement Under the Lanham Act: Counterfeiting and Bootlegging

Brian Bloom

Partner

Moritt Hock & Hamroff LLP

Chicago Ballroom

 

Native Advertising

Alan M. Pate

Associate

Baker Hostetler LLP

Tori Chami

Counsel

American Express

 

Top Tips for Stress-Free Marketing in Europe

Claire Bouchenard

Partner

Osborne Clarke LLP

Chicago Ballroom

 

Caught in the Social Media Net? Managing Legal Compliance

Daniel Cole

Associate

Gowling Le Fleur and Henderson LLP

Chicago Ballroom

 

Tracking Troublesome Technologies

Chicago Ballroom

 

Update on the Key Legal and Regulatory Controls on Social Media in the UK

Jo Farmer

Partner

Lewis Silkin LLP

Chicago Ballroom

 

Product Testing Design for Claims Substantiation and Advertising Challenges

Alexander Kaplan

Partner

Proskauer Rose LLP

Chicago Ballroom

 

Advertising In Regulated Industries

Matthew Kaplan

Partner

Tucker Ellis LLP

Chicago Ballroom

 

Practicalities in Optic Recognition and Other Advanced Technologies in Engaging Consumers

Chris McGuire

VP/GM

Slant Marketing

Chicago Ballroom

 

Navigating the FTC's Endorsement Rule

Robert H Newman

Associate

Winston & Strawn LLP

Chicago Ballroom

 

Practical Tips for Registering and Bonding a Charitable Promotion

Heather Nolan

Partner

Information Law Group LLP

Chicago Ballroom

 

Advertising and Product Safety/CPSC and Other agencies

Laura Walther

Counsel

Crowell & Moring LLP

Chicago Ballroom

 

Conducting a Telemarketing and Texting Campaign

Adam Solomon

Partner

Michelman and Robinson LLP

Chicago Ballroom

 

Risks and Opportunities in the World of Fantasy Sports

Jay Newman

Partner

Fish and Richardson PC

Chicago Ballroom

 

Improving Legal/Marketing Coordination for Advertising and Promotional Campaigns

Meredith Levins

Legal Counsel

SanDisk

Chicago Ballroom

 

Puerto Rico Regulation On Sweepstakes, Contests, Endorsements & Privacy

Luis Vivoni

Attorney at Law

Vivoni Law Firm

Chicago Ballroom

 

Marketing Green Claims

Phyllis Marcus

Counsel

Hunton & Williams, LLP

Chicago Ballroom

8:20am  

Opening Remarks

Edward Kabak

Chief Legal Officer

BAA

Grand Ballroom - 7th floor

8:30am  

General Sessions

The Latest Legislative & Regulatory Challenges

An innovative, creative, and entertaining presentation that will speak to what is permeating advertising, media and marketing today – disruption. The session will address the critical legal issues shaping brand activation today including shopper, experiential and promotion marketing.

Keith Scarborough

S.V.P., Government Relations

ANA

Grand Ballroom - 7th floor

9:10am  

Interplay of Marketing & Advertising Law to Activate Brands

Ronald Urbach

Chairman

Davis & Gilbert LLP

Grand Ballroom - 7th floor

10:05am  

Hot Issues On the Key Social Media Platforms

This session, with both outside counsel and major brands/social media businesses represented, surveys all the key issues on social media including advertising, privacy and IP questions, and games and contests. Consideration will also be given to the manifold platform rules of key social media platforms.

Moderator, Brian Heidelberger

Partner

Winston & Strawn LLP

Eric Fleisig-Greene

Associate Director, Legal

Twitter

Megan Duffy

Privacy Counsel

Snapchat, Inc.

Joe Khanna

VP, Managing Counsel/Marketing & Communications

MasterCard Worldwide

Grand Ballroom - 7th floor

11:05am  

Coffee Break  

11:20am  

General Sessions Cont.

PRIVACY BY DESIGN: What it Means in an Age of Mobile Marketing and Big Data

This session presents a comprehensive understanding of what big data means and how its technologies permit the processing and analysis of disconnected data sets to identify meaningful correlations; these result in good predictive analysis and automated decision making. Big data may improve corporate predictability, efficiency and financial resources as well (at the government level) public policy decisions and innovation. Big data also has implications for privacy by design, and the many stake holders in the current legislation or regulatory climate for laws and regulations relating thereto. This session contemplates the challenge of big data, and the need perhaps for new standards recognizing the importance big data can play.

Alan Sutin

Shareholder

Greenberg Traurig LLP

Kerry L. Childe

Sr. Corp Counsel,Privacy/Info.Policy

Best Buy Enterprise Services ,Inc.

Grand Ballroom - 7th floor

12:15pm  

Luncheon

Keynote - Crossing the Line: Conflicts between Creative and Legal

George Leon

EVP, Worldwide Consumer Marketing

Sony Pictures Entertainment

Eric Baum

SVP, Business and Legal Affairs

Sony Pictures Entertainment

Chicago Ballroom

1:15pm  

Dessert  

Grand Ballroom Foyer, 7th Floor

2:00pm  

Breakout Sessions 1

Children's Advertising

Co-Moderator, Barry Benjamin

Partner

Kilpatrick, Townsend & Stockton LLP

Co-Moderator, Allison Fitzpatrick

Partner

Davis & Gilbert LLP

Joseph A Sena Jr.

Associate Marketing Counsel

Campbell Soup Company

Katie Goldstein

Senior Staff Attorney Children's Advertising Review Unit

Council of BBB

Chicago A/B/C

 

Programmatic Buying- The Legal Issues with Data Providers, DSP’s and the Public

Moderator, James Taylor

Partner

Loeb & Loeb LLP

Brett Celedonia

Sr. Counsel, Digital Media, Advertising & Marketing

Netflix

Jason Logue

Sr. Counsel

RE:Sources USA/Publicis

Chicago D

 

eSports, Extreme Sports and their Sponsorships, Promotions and Advertising

Moderator, Benjamin Mulcahy

Partner

Sheppard, Mullin, Richter & Hampton LLP

Elizabeth Baker

General Counsel

Twitch Interactive

Todd Jascott

Legal Counsel

Red Bull North America, Inc

Chicago E

 

Food Laws - The last Bite is The Lawsuit

Moderator, Kimera Hall

Member

Frost Brown Todd LLP

Sharon E. Kohn

Chief Counsel, Marketing Services

Kraft Foods

Brandi Van Leeuwen

Senior Counsel

Meijer

Penelope J Barnett

Associate General Counsel, Food Law/Product Compliance

The Dannon Company, Inc.

Chicago F/G/H

2:55pm  

Coffee Break

3:15pm  

Breakout Sessions 2

Navigating Rights Clearance and Native Advertising

Moderator, Rick Kurnit

Partner

Frankfurt Kurnit Klein & Selz, PC

Steven Weissman

Vice President & Deputy General Counsel

Time Inc.

Ellie Boragine

Vice President and Chief Advertising Counsel

American Express

Chicago A/B/C

 

Mobile Marketing Developments

Moderator, Marc Roth

Partner

Manatt, Phelps & Phillips LLP

Ira Schlussel

SVP and General Counsel

HelloWorld

Kelsey Joyce

Senior Director

Legal, T-Mobile USA

C. Lee Peeler

President & CEO (ASRC) & EVP, National Advertising (CBBB)

Advertising Self-Regulatory Council & Council of Better Business Bureau

Chicago D

 

SAG-AFTRA Developments

Douglas J. Wood

Partner

Reed Smith LLP

Kimberly Stevens

Director, Industry Relations

Joint Policy Committee on Broadcast Talent Relations

Chicago E

 

The Tricky Business and Law of Loyalty Programs – Gift & Stored Value Cards

Eric J Anderson

Associate General Counsel, Marketing and Advertising

Sears Holdings Management Corporation

Helen Wu

Manager Commercial, IP and Advertising Counsel

Jet Blue

Chicago F/G/H

4:10pm  

Conference Adjournment


Cancellation Policy and Notes

Single ANA member and non-member conference registrations can be cancelled in writing only via email (registration@ana.net). Phone cancellations are not accepted. A 50% refund will be granted, if written request for cancellation is received by email 60 calendar days before the conference start date (on or before September 9, 2015). No refunds will be granted for any cancellations received after September 9, 2015 or for 'no shows.' 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 February 18, 2015 may not be included in the attendee list.

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