About
Advertisers have at their disposal an increasing variety of media in which to promote their products and services, including television, radio, magazines, newspapers, movies, the Internet, and direct mail. They also have ever-improving methods for collecting and utilizing customer information. But as these opportunities for advertisers to influence buyer behavior grow, so does the scrutiny from competitors, consumers, regulators, and legislators. Devising memorable and successful advertising campaigns that consistently meet claim substantiation standards and other evolving guidelines has never been more challenging.
Given the increasingly dynamic regulatory landscape, everyone involved with advertising law - including in-house counsel, outside law firms, and advertising and marketing directors - must stay abreast of the latest nationwide developments and trends to ensure they are in compliance and avoid the negative consequences of a misstep.
American Conference Institute's 13th National Advanced Corporate Counsel
Forum on Advertising Law publication has been revised and updated to bring you the most current information on all of the important changes and developments in advertising law. Once again, this publication brought together a preeminent faculty of leading industry players who will provide you with their perspectives and expertise on:
- Claim substantiation strategies and understanding the risks and remedies for unsubstantiated claims
- Regulatory trends at the FTC, state AG offices, and NAD and how to successfully represent your company with each entity
- Using e-mail and the Internet to advertise and market your product within the bounds of increasing regulation
- The convergence of advertising and entertainment: product placements and advertiser sponsorship of feature films and television
- How to safely and successfully use intellectual property of others while protecting your own intellectual property from misuse
- Avoiding common pitfalls with sweepstakes, rebates, free offers and other promotions
- Collecting and using customer data: best practices and standards
About
Advertisers have at their disposal an increasing variety of media in which to promote their products and services, including television, radio, magazines, newspapers, movies, the Internet, and direct mail. They also have ever-improving methods for collecting and utilizing customer information. But as these opportunities for advertisers to influence buyer behavior grow, so does the scrutiny from competitors, consumers, regulators, and legislators. Devising memorable and successful advertising campaigns that consistently meet claim substantiation standards and other evolving guidelines has never been more challenging.
Given the increasingly dynamic regulatory landscape, everyone involved with advertising law - including in-house counsel, outside law firms, and advertising and marketing directors - must stay abreast of the latest nationwide developments and trends to ensure they are in compliance and avoid the negative consequences of a misstep.
American Conference Institute's 13th National Advanced Corporate Counsel
Forum on Advertising Law publication has been revised and updated to bring you the most current information on all of the important changes and developments in advertising law. Once again, this publication brought together a preeminent faculty of leading industry players who will provide you with their perspectives and expertise on:
- Claim substantiation strategies and understanding the risks and remedies for unsubstantiated claims
- Regulatory trends at the FTC, state AG offices, and NAD and how to successfully represent your company with each entity
- Using e-mail and the Internet to advertise and market your product within the bounds of increasing regulation
- The convergence of advertising and entertainment: product placements and advertiser sponsorship of feature films and television
- How to safely and successfully use intellectual property of others while protecting your own intellectual property from misuse
- Avoiding common pitfalls with sweepstakes, rebates, free offers and other promotions
- Collecting and using customer data: best practices and standards
Contents & Contributors
LEGAL, TACTICAL AND PRACTICAL STRATEGIES FOR SUBSTANTIATING
CLAIMS
Lewis Rose, Collier Shannon Scott, PLLC
Jeannie Lane, Honeywell Consumer Products Group
Teigue Thomas, Gateway, Inc.
REMEDIES FOR UNSUBSTANTIATED CLAIMS: CURRENT TRENDS AND
PRACTICAL CONSIDERATIONS
Denise Gough, America Online, Inc.
John Villafranco, Collier Shannon Scott, PLLC
PRACTICAL STRATEGIES FOR PREVAILING BEFORE THE NAD
SELF-REGULATORY FORUM
Douglas J. Wood, Reed Smith Hall Dickler LLP
Andrea Levine, Better Business Bureaus, Inc.
RESENT CONSUMER PROTECTION ENFORCEMENT ACTIONS BY
THE FEDERAL TRADE COMMISSION
Ronald R. Urbach, Davis & Gilbert LLP
RECENT TRENDS/DEVELOPMENTS IN ADVERTISING LAW
Linda A. Goldstein, Manatt, Phelps & Phillips, LLP
INTELLECTUALL PROPERTY AND MARKETING
Rick Kurnit, Frankfurt, Kurnit, Klein & Selz, PC
AVOIDING EMERGING AND PERENNIAL PITFALLS IN PROMOTIONS
Michael Barkow, Manatt, Phelps & Phillips, LLP
Sandy M. Reichard, D.L. Blair
FREE CLAIMS, REBATES, SALES
Andrew B. Sacks, Dell Computer Corporation
HANDLING KEY LEGAL AND BUSINESS CONSIDERATIONS IN TALENT AND
ENDORSEMENT CONTRACTS
Brian Heidelberger, Winston & Strawn
David Carroll, Motorola, Inc.
Eric Carlson, McDonald's Corporation
INTERNET UPDATED: THE LATEST ON SPAM AND WEBVERTISING
Ronald L. Plesser, Piper Rudnick, LLP
CURRENT ISSUES IN ONLINE ADVERTISING
Terence P. Ross, Gibson, Dunn & Crutcher LLP
THE ADVERTISER AGENCY AGREEMENT: LEGAL LIABILITY AND THE
ALLOCATION OF RISK
Sandra A. Leib, Element 79 Partners LLC
AGENCY CLIENT AGREEMENTS: NEGOTIATING AND
DRAFTING STRATEGIES
Linda Goldstein, Mannatt, Phelps and Phillips
Sandra A. Leib, Element 79 Partners LLC