The 14th National Advanced Corporate Counsel Forum on

Advertising Law

Monday, December 13, 2004

About

Advertisers have at their disposal an increasing variety of media in which to promote their products and services as well as 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 legal obligations has never been more challenging.

Given the increasingly complex 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 14th National Advanced Corporate Counsel Forum on Advertising Law 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 conference brought together a preeminent faculty of over 35 leading industry players who provided their perspectives and expertise on:

Claim substantiation: offensive tactics and practical defensive strategies
Understanding your options when challenging your competitor's claims
Avoiding common pitfalls with sweepstakes and other promotions
Handling complex issues in talent, sponsorship and endorsement contracts
The convergence of advertising and entertainment: product placements and advertiser sponsorship of films, television and games
Consumer privacy: best practices in handling customer data and legal implications for behavioral marketing techniques
Managing the relationship between agency, client, in-house counsel and outside counsel

This is your chance to get answers to your questions from some of the largest advertisers of consumer products including Dell, Cadbury Adams, Nextel, Gateway, Verizon Communications, Claria Corporation, J. Walter Thompson, Interpublic Group.

Contents & Contributors

About

Advertisers have at their disposal an increasing variety of media in which to promote their products and services as well as 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 legal obligations has never been more challenging.

Given the increasingly complex 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 14th National Advanced Corporate Counsel Forum on Advertising Law 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 conference brought together a preeminent faculty of over 35 leading industry players who provided their perspectives and expertise on:

Claim substantiation: offensive tactics and practical defensive strategies
Understanding your options when challenging your competitor's claims
Avoiding common pitfalls with sweepstakes and other promotions
Handling complex issues in talent, sponsorship and endorsement contracts
The convergence of advertising and entertainment: product placements and advertiser sponsorship of films, television and games
Consumer privacy: best practices in handling customer data and legal implications for behavioral marketing techniques
Managing the relationship between agency, client, in-house counsel and outside counsel

This is your chance to get answers to your questions from some of the largest advertisers of consumer products including Dell, Cadbury Adams, Nextel, Gateway, Verizon Communications, Claria Corporation, J. Walter Thompson, Interpublic Group.

Contents & Contributors

PRACTICAL STRATEGIES FOR SUBSTANTIATING ADVERTISING CLAIMS
Lisa Rovinsky, Alston & Bird LLP
Kevin Glidewell, Alston & Bird LLP

THE ADVERTISER'S DECISION TREE: CHALLENGING COMPETITORS' CLAIMS
John Villafranco, Collier Shannon Scott
Catherine A. Miller, Nextel Communications, Inc.
W. David Hubbard, Verizon Communications

THE ROLE OF CONSUMER PERCEPTION RESEARCH IN ADVERTISING DISPUTES
R. Bruce Dickson, Paul, Hastings, Janofsky & Walker LLP
Ivan Ross, Ph.D, Ross Research

A CLOSER LOOK AT ADVERTISEMENTS THAT RESULTED IN ADVERSARIAL PROCEEDINGS
Lewis Rose, Collier Shannon Scott

WHAT'S ON THE RADAR SCREEN NOW: A REPORT FROM THE FTC
Lesley Fair, Federal Trade Commission

WINNING STRATEGIES FOR MANAGING FTC AND STATE ATTORNEY GENERAL INVESTIGATIONS
Linda Goldstein, Manatt, Phelps & Phillips, LLP

NAD PRACTICE
Andrew B. Sacks, Dell Computer Corporation

PRACTICAL STRATEGIES FOR PREVAILING BEFORE THE NAD
Martin S. Zwerling, Esp., National Advertising Division

UNDERSTANDING CELEBRITY ENDORSEMENT CONTRACTS
Brian Murphy, Frankfurt Kurnit Klein & Selz

INTELLECTUAL PROPERY AND MARKETING
Richard A. Kurnit, Frankfurt Kurnit Klein & Selz

PROMOTIONAL TIE-INS AND BRANDED ENTERTAINMENT: PRACTICAL STRATEGIES FOR PROTECTING YOUR CLIENT
Benjamin R. Mulcahy, Sheppard, Mullin, Richter & Hampton, LLP

AVOIDING EMERGING AND PERENNIAL PITFALLS IN SWEEPSTAKES AND OTHER PROMOTIONS
James D. Taylor, Loeb & Loeb LLP
Beth Kotran, Cadbury Adams USA LLC

NEGOTIATING AGENCY-CLIENT AGREEMENTS
Ronald R. Urbach, Davis & Gilbert LLP

PRIVACY LAW IN CANADA AND THE EUROPEAN UNION
Elizabeth L. McNaughton, Blake, Cassels & Graydon
Alex Matheson, Blake, Cassels & Graydon

UNTANGLING THE WEB OF PRIVACY REGULATIONS WHEN COLLECTING AND USING CONSUMER INFORMATION IN THE U.S.
Terri Seligman, Loeb & Loeb LLP

THE REGULATION OF BEHAVIORAL MARKETING UNDER U.S. CONSUMER PROTECTION LAW
D. Reed Freeman, Jr., Claria Corporation

SPECIAL CONSIDERATIONS IN HIGH RISK ADVERTISING AND MARKETING
D. John Hendrickson, Katten Muchin Zavis Rosenman

CASE STUDIES IN HIGH RISK MARKETING
Christopher A. Cole, Paul, Hastings, Janofsky & Walker LLP

BEYOND SPONSORSHIPS: INNOVATIVE WAYS TO LEVERAGE YOUR MARKETING INVESTMENT
Brian Murphy, Frankfurt Kurnit Klein & Selz
Ricki Schweizer, The Interpublic Group of Companies, Inc.
Lisa Rovinsky, Alston & Bird LLP

NEGOTIATING AND DRAFTING ADVERTISING AGENCY CONTRACTS
Linda Goldstein, Manatt, Phelps & Phillips
Ronald Urbach, Davis & Gilbert LLP
Teigue Thomas, Gateway, Inc.
Debra Freeman, J. Walter Thompson U.S.A., Inc.

FOCUS ON ADVERTISING AGENCY CONTRACTS
Debra Freeman, J. Walter Thompson U.S.A., Inc.



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0