Advanced Corporate Counsel Forum On

Advertising Law

Maximizing brand exposure & revenue while avoiding scrutiny & conflict

Wednesday, June 21, 2006

About

Best in its class…Not all rules apply…
Results not typical…Children, ask your parents…


The above phrases have a lasting, meaningful effect on advertisers, marketers and consumers, but they can cause significant detriment to your company in a variety of ways if you don't use them properly. Knowing how and when to cover your bases is the foundation for any successful campaign, whether it is promoting a product, integrating brands, or signing talent. The advertising industry faces elevated scrutiny from all angles, which makes it imperative for you to be up to date, not only on the latest case law and legislative developments, but on the actual types of advertisements that are targeted by the FTC, the NAD or the Attorney General's Office.

American Conference Institute's 17th National Advanced Corporate Counsel Forum on Advertising Lawwas revamped and redesigned to do bring you the most recent information from premier attorneys in the industry, and the regulators who can tell you how to implement the best practices to achieve compliant (and effective) ads. The publication from this forum brings together a preeminent faculty of industry players who will provide you with their expert strategies on:
  • Distinguishing between puffery and reality when substantiating claims
  • Identifying types of ads that the regulators will target
  • Litigating advertising claims - allocating damages, working with experts,and using the Lanham Act to police competitors' claims
  • Analyzing recent trends in sweepstakes and promotions law
  • Incorporating endorsements, co-branding and sponsorships into one deal
  • Structuring brand integration deals in the context of working with advertisers, agencies and consultants
  • Negotiating talent agreements in compliance with union requirements

Contents & Contributors

About

Best in its class…Not all rules apply…
Results not typical…Children, ask your parents…


The above phrases have a lasting, meaningful effect on advertisers, marketers and consumers, but they can cause significant detriment to your company in a variety of ways if you don't use them properly. Knowing how and when to cover your bases is the foundation for any successful campaign, whether it is promoting a product, integrating brands, or signing talent. The advertising industry faces elevated scrutiny from all angles, which makes it imperative for you to be up to date, not only on the latest case law and legislative developments, but on the actual types of advertisements that are targeted by the FTC, the NAD or the Attorney General's Office.

American Conference Institute's 17th National Advanced Corporate Counsel Forum on Advertising Lawwas revamped and redesigned to do bring you the most recent information from premier attorneys in the industry, and the regulators who can tell you how to implement the best practices to achieve compliant (and effective) ads. The publication from this forum brings together a preeminent faculty of industry players who will provide you with their expert strategies on:
  • Distinguishing between puffery and reality when substantiating claims
  • Identifying types of ads that the regulators will target
  • Litigating advertising claims - allocating damages, working with experts,and using the Lanham Act to police competitors' claims
  • Analyzing recent trends in sweepstakes and promotions law
  • Incorporating endorsements, co-branding and sponsorships into one deal
  • Structuring brand integration deals in the context of working with advertisers, agencies and consultants
  • Negotiating talent agreements in compliance with union requirements

Contents & Contributors


ADVERTISING AND CORPORATE COMMUNICATIONS LIABILITY
Rick Kurnit, Frankfurt, Kurnit, Klein & Selz

IDENTIFYING ADS THAT CONTRADICT REGULATORY SCHEMES AND AVOIDING COMMON CLAIM SUBSTANTIATION PITFALLS
David Mallen, National Advertising Division
Lesley Fair, Federal Trade Commission
D. Reed Freeman, Jr., Kelley Drye Collier Shannon

FEDERAL TRADE COMMISSION ADVERTISING ENFORCEMENT
Lesley Fair, Federal Trade Commission

LITIGATING ADVERTISING CLAIMS - RESULTS MAY VARY
David R. Wright, Workman Nydegger
Lance E. Gunderson, FTI Consulting

SWEEPSTAKES, CONTESTS, GAMES OF CHANCE & CONSUMER PROMOTIONS: NEW TOOLS – NEW RULES
Linda Goldstein, Manatt, Phelps & Phillips, LLP

LEGAL ASPECTS OF AMBUSH MARKETING
Jeffrey B. Gewirtz, The Coca-Cola Company

IMPERATIVE REGULATORY & IP ISSUES YOU CANNOT AVOID WHEN STRUCTURING BRAND INTEGRATION DEALS
Jeffrey A. Greenbaum, Frankfurt, Kurnit, Klein & Selz

IMPERATIVE REGULATORY & IP ISSUES YOU CANNOT AVOID WHEN STRUCTURING BRAND INTEGRATION DEALS
Barry L. Powell, Starcom MediaVest Group, Inc.

TEN TOP SURPRISES WHEN YOU EXTEND YOUR MARKETING AND ADVERTISING TO CANADA
Wendy Reed, Heenan Blaikie LLP
Ash Mishra, General Mills, Inc.

RECENT DEVELOPMENTS IN ADVERTISING AND MARKETING LAW IN THE UK & EU
Stephen Groom, Osborne Clarke

NEGOTIATING TALENT AGREEMENTS, WORKING WITH UNIONS, AND MANAGING TALENT
Brian Heidelberger, Winston & Strawn

THE ADS ARE ON… DO YOU KNOW WHERE YOUR CHILDREN ARE? ADVERTISING AND MARKETING TO CHILDREN
Elizabeth Lascoutx, Children's Advertising Review Unit

KID VID DIGITAL MEDIA LAW & DEVELOPMENTS
Antonious Porch, Nickelodeon Networks

AN OVERVIEW OF FOOD MARKETING DIRECTED TO CHILDREN
Joseph Lewczak, Davis & Gilbert LLP

SOME OBSERVATIONS ABOUT THE USE OF SOUND RECORDINGS IN COMMERCIALS
Brian Murphy, Frankfurt, Kurnit, Klein & Selz

THE OUTER REACHES OF COPYRIGHT PROTECTION: CREATIVE ARTS, STYLE AND THE LAW
Judith Beth Prowda
Judith Finell, Judith, Finell MusicServices, Inc.

WHAT'S FAIR IS FAIR, OR IS IT? – UNDERSTANDING THE FAIR USE DOCTRINE AND REDUCING THE RISK OF COPYRIGHT INFRINGEMENT WHEN USING PREEXISTING WORKS
Michael D. Hauser, Alston & Bird



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