Advertizing Law

Monday, January 26, 2009

About

Advertisers and marketers are trying to find novel ways to connect with consumers by utilizing new media, new advertising platforms and new types of claims to get their message heard and their products noticed. While these cutting-edge strategies and techniques have the potential to revolutionize advertising, they also pose serious regulatory and legal risks. In-house counsel for brand companies, marketers, advertising agencies and outside counsel not only need to know what the new advertising trends are, they need to know how to prevent government scrutiny, avoid consumer litigation and protect their IP assets when following these trends.

American Conference Institute’s 22nd National Advanced Forum on Advertising Law has been designed to provide the high-level, in-depth information you need to best represent your clients as the advertising landscape evolves. Going beyond simply identifying trends, this conference provides practical tips and strategies for avoiding legal and regulatory pitfalls associated with advertising campaigns that push the envelope. Our faculty of experienced counsel from a diverse, cross-section of industries will provide specifi c and detailed information you can use in your everyday practice. Learn how other companies are:

  • Utilizing decisions in recent claim substantiation cases to bolster substantiation procedures
  • Reaching common ground on agency compensation in agency/client agreements
  • Drafting rules for contests and sweepstakes
  • Contracting with third-party service providers who collect information for behavioral marketing
  • Keeping federal and state regulators at bay

Contents & Contributors

About

Advertisers and marketers are trying to find novel ways to connect with consumers by utilizing new media, new advertising platforms and new types of claims to get their message heard and their products noticed. While these cutting-edge strategies and techniques have the potential to revolutionize advertising, they also pose serious regulatory and legal risks. In-house counsel for brand companies, marketers, advertising agencies and outside counsel not only need to know what the new advertising trends are, they need to know how to prevent government scrutiny, avoid consumer litigation and protect their IP assets when following these trends.

American Conference Institute’s 22nd National Advanced Forum on Advertising Law has been designed to provide the high-level, in-depth information you need to best represent your clients as the advertising landscape evolves. Going beyond simply identifying trends, this conference provides practical tips and strategies for avoiding legal and regulatory pitfalls associated with advertising campaigns that push the envelope. Our faculty of experienced counsel from a diverse, cross-section of industries will provide specifi c and detailed information you can use in your everyday practice. Learn how other companies are:

  • Utilizing decisions in recent claim substantiation cases to bolster substantiation procedures
  • Reaching common ground on agency compensation in agency/client agreements
  • Drafting rules for contests and sweepstakes
  • Contracting with third-party service providers who collect information for behavioral marketing
  • Keeping federal and state regulators at bay

Contents & Contributors

Creating Workable and Adaptable Claim Substantiation Procedures
Timothy S. Ernst, Vice President and Associate General Counsel, Del Monte Foods (San Francisco, CA)
Linda Goldstein, Partner, Manatt, Phelps & Phillips, LLP, (New York, NY)

Cost-Effectively Resolving Disputes Involving Competitors’ Comparative Claims
Michael W. Quinn, Vice President & Assistant Chief Counsel, Litigation, Time Warner Cable (Stamford, CT)
Chrysse Spathas, Vice President, Broadcast Standards and Practices, ABC, Inc. (New York, NY)
Norman C. Simon, Partner, Kramer Levin Naftalis & Frankel LLP (New York, NY)

Crafting an Agency/Client Agreement That Satisfies the Needs of Both Parties
Sally L. Davis, Corporate Counsel - Marketing & Trademarks, S.C. Johnson & Son, Inc. (Racine, WI)
Ricki J. Schweizer, Assistant General Counsel, The Interpublic Group of Companies, Inc. (New York, NY)

Developing Bulletproof Contests and Sweepstakes That Can Withstand Government Enforcement and Private Litigation
Gabriel H. Karp, Executive Vice President, General Counsel, ePrize (Pleasant Ridge, MI)
Dana Lira, Vice President, Business & Legal Affairs, Warner Home Video (Burbank, CA)
Daniel Smith, Counsel, Guitar Center, Inc. (Westlake Village, CA)

Protecting IP in Advertising and Marketing Given New and Unanticipated Online Platforms
Scott Bearby, Associate General Counsel, NCAA (Indianapolis, IN)
Ted Suzuki, Associate General Counsel, DIRECTV (El Segundo, CA)

Behavioral Marketing: Safeguarding Consumer Privacy in an Uncertain Legal Landscape
Jeffrey D. Neuburger, Partner, Proskauer Rose LLP (New York, NY)

Complying with Mobile Marketing Regulations
Darren A. Bowie, Legal Director, North American Markets, Nokia Inc. (White Plains, NY)
Jeff Rohlmeier, Global Privacy Compliance Lead , Motorola, Inc. (Chicago, IL)

Protecting IP and Avoiding Third-Party Liability While Reaping the Benefits of User Generated Content and Social Networking Sites
Edward Chansky, Of Counsel, Greenberg Traurig, LLP (Las Vegas, NV)
Brian Murphy, Partner, Frankfurt Kurnit Klein & Selz PC (New York, NY)

Engaging in Green Marketing Without Running Afoul of Federal and State Guidelines
Andrew Sacks, Vice President, Legal, Dell, Inc. (Round Rock, TX)
Brooks M. Beard, Partner, Morrison & Foerster LLP (San Francisco, CA)
Andrew Lustigman, Principal, Lustigman Firm PC (New York, NY)

Responding to Government Investigations and Enforcement Actions
Jeffrey Smith, VP Legal & Deputy General Counsel, Comcast Cable Communications Inc (Philadelphia, PA)
David Graff, General Counsel, Epic Advertising (New York, NY)
Ian D. Volner, Partner, Venable LLP (Washington, DC)
Michael P. Zweig, Partner, Loeb & Loeb LLP (New York, NY)



DOCUMENT TYPES: PDF DOC PPT PPTX PRESENTATIONS AVAILABLE: 21

7:30
Registration and Continental Breakfast
8:15
Co-Chairs' Opening Remarks
Mr. Darren Bowie
Chief Privacy Officer and Assistant General Counsel
AIG
Mr. Anthony J. Justman
Director - Legal & Business Affairs
Sony Computer Entertainment America Inc.
Ms. Kristin McQueen
Senior Vice President‚ Worldwide Business and Legal Affairs
The Walt Disney Company
8:30
Creating Workable and Adaptable Claim Substantiation Procedures
Mr. Timothy S. Ernst
Vice President, General Counsel and Secretary
Del Monte Foods
Ms. Linda A. Goldstein
Partner & Chair‚ Advertising‚ Marketing & Media Division
Manatt‚ Phelps & Phillips‚ LLP
4 files
COMPLYING WITH THE MADE IN USA STANDARD
219.2 KB 44 pages Presentation
PDF - COMPLYING WITH THE MADE IN USA STANDARD
FDA - Guidance For Industry
195.4 KB 5 pages Presentation
PDF - FDA - Guidance For Industry
FDA - Guidance for Industry 2
150.6 KB 3 pages Presentation
PDF - FDA - Guidance for Industry 2
CREATING WORKABLE AND ADAPTABLE CLAIM SUBSTANTIATION PROCEDURES
140 KB 27 pages Presentation
DOC - CREATING WORKABLE AND ADAPTABLE  CLAIM SUBSTANTIATION PROCEDURES
9:45
Cost-Effectively Resolving Disputes Involving Competitors' Comparative Claims
Mr. Michael W. Quinn
Vice President & Assistant Chief Counsel‚ Litigation
Time Warner Cable
Ms. Chrysse Spathas
Vice President‚ Broadcast Standards and Practices
ABC‚ Inc.
Mr. Norman C. Simon
Partner
Kramer Levin Naftalis & Frankel LLP
1 file
Cost Effectively Resolving Disputes Involving Competitors’ Comparative Claims
933.5 KB 18 pages Presentation
PPT - Cost Effectively Resolving Disputes Involving Competitors’ Comparative Claims
10:45
Morning Coffee Break
11:00
Crafting an Agency/Client Agreement That Satisfies the Needs of Both Parties
Ms. Sally L. Davis
Corporate Counsel - Marketing & Trademarks
S.C. Johnson & Son‚ Inc.
Ms. Ricki J. Schweizer
Assistant General Counsel
The Interpublic Group of Companies‚ Inc.
1 file
Crafting an Agency/Client Agreement that Satisfies the Needs of Both Parties
108.5 KB 23 pages Presentation
PPT - Crafting an Agency/Client Agreement that Satisfies the Needs of Both Parties
12:00
Networking Luncheon
13:00
Creating Content for Brand Marketing - Overcoming Business and Legal Challenges and Safeguarding Against Government Enforcement and Litigation
Ms. Catherine M. Karol
Chief Privacy Officer
General Motors Company
Ms. Rachel Ruskin
Assistant General Counsel
Turner Broadcasting System‚ Inc.
- Ronald R. Urbach
Chairman and Co-Chair Advertising, Marketing & Promotions Practice Group
Davis & Gilbert LLP
14:00
Developing Bulletproof Contests and Sweepstakes That Can Withstand Government Enforcement and Private Litigation
Mr. Gabriel H. Karp
Executive Vice President‚ General Counsel
ePrize
Ms. Dana Lira
Vice President‚ Business & Legal Affairs
Warner Home Video
Mr. Daniel Smith
Counsel
Guitar Center‚ Inc.
2 files
Developing Bulletproof Contests and Sweepstakes That Can Withstand Government Enforcement and Private Litigation
128.1 KB 29 pages Presentation
PPTX - Developing Bulletproof Contests and Sweepstakes That Can Withstand Government Enforcement and Private Litigation
DEVELOPING BULLETPROOF CONTESTS AND SWEEPSTAKES
117 KB 19 pages Presentation
DOC - DEVELOPING BULLETPROOF CONTESTS AND SWEEPSTAKES
16:00
Protecting IP in Advertising and Marketing Given New and Unanticipated Online Platforms
Mr. Scott Bearby
Associate General Counsel
NCAA
Mr. Ted Suzuki
Associate General Counsel
DIRECTV
1 file
Protecting IP in Advertising and Marketing Given New and Unanticipated Online Platforms
101.5 KB 16 pages Presentation
PPT - Protecting IP in Advertising and Marketing Given New and Unanticipated Online Platforms
17:00
Interactive Ad Lounge Cocktail Party Sponsored by: Manatt
Viral Marketing: Mr. Frederick W. Christie
Senior Marketing Counsel
Energizer Personal Care‚ LLC
1 file
VIRAL MARKETING DISCUSSION
32 KB 4 pages Presentation
DOC - VIRAL MARKETING DISCUSSION
International Advertising Challenges: Mr. Andrew Sacks
Vice President‚ Legal
Dell‚ Inc.
2 files
Proposed EU Consumer Rights Directive
422.5 KB 1 page Presentation
PPT - Proposed EU Consumer Rights Directive
EU - Collective Redress
423 KB 1 page Presentation
PPT - EU - Collective Redress
Negotiating Talent and Endorsement Deals: Ms. Linda A. Goldstein
Partner & Chair‚ Advertising‚ Marketing & Media Division
Manatt‚ Phelps & Phillips‚ LLP
Using Music in Advertising: Ms. Bonny Dolan
Executive Producer/Artist Liaison
Comma Music
Guerilla Marketing: Mr. Peter Glass
General Counsel
Euro RSCG Life Worldwide
Marketing to Children: Ms. Kristin McQueen
Senior Vice President‚ Worldwide Business and Legal Affairs
The Walt Disney Company
Working with Talent Unions and Complying with Union Agreements: Ms. Dana Lira
Vice President‚ Business & Legal Affairs
Warner Home Video
18:30
Conference Adjourns to Day Two
8:00
Continental Breakfast
9:00
Behavioral Marketing: Safeguarding Consumer Privacy in an Uncertain Legal Landscape
Mr. Jeffrey D. Neuburger
Partner
Proskauer Rose LLP
1 file
Behavioral Marketing
14.5 MB 119 pages Presentation
PPT - Behavioral Marketing
10:30
Morning Coffee Break
10:45
Complying with Mobile Marketing Regulations
Mr. Darren Bowie
Chief Privacy Officer and Assistant General Counsel
AIG
1 file
Complying with Mobile Marketing Regulations
223.5 KB 17 pages Presentation
PPT - Complying with Mobile Marketing Regulations
Mr. Jeffrey Rohlmeier
Global Privacy Compliance Lead
Motorola‚ Inc.
1 file
PRIVACY AND ANTI-SPAM BEST PRACTICES FOR MOBILE MARKETING ACTIVITIES
233 KB 17 pages Presentation
PPT - PRIVACY AND ANTI-SPAM BEST PRACTICES FOR MOBILE MARKETING ACTIVITIES
12:00
Networking Luncheon
13:15
Protecting IP and Avoiding Third-Party Liability While Reaping the Benefits of User Generated Content and Social Networking Sites
Mr. Edward B. Chansky
Of Counsel
Greenberg Traurig‚ LLP
1 file
User Generated Content: Special Issues for Contests
2.4 MB 16 pages Presentation
PPT - User Generated Content:  Special Issues for Contests
Brian Murphy, Esq.
Partner
Edwards Angell Palmer and Dodge LLP
1 file
User Generated Content
1.7 MB 8 pages Presentation
PDF - User Generated Content
14:30
Engaging in Green Marketing Without Running Afoul of Federal and State Guidelines
Mr. Andrew Sacks
Vice President‚ Legal
Dell‚ Inc.
1 file
Engaging In Green Marketing Without Running Afoul Of Federal And State Guidelines
2.9 MB 1 page Presentation
PPTX - Engaging In Green Marketing Without Running Afoul Of Federal And State Guidelines
Mr. Brooks M. Beard
Partner
Morrison & Foerster LLP
1 file
Engaging In Green Marketing Without Running Afoul Of Federal And State Guidelines
877.8 KB 27 pages Presentation
PPTX - Engaging In Green Marketing Without Running Afoul Of Federal And State Guidelines
-Mr. Andrew Lustigman
Principal
Lustigman Firm PC
1 file
Engaging In Green Marketing
1.3 MB 31 pages Presentation
PPTX - Engaging In Green Marketing
15:30
Afternoon Refreshment Break
15:45
Responding to Government Investigations and Enforcement Actions
Mr. Jeffrey Smith
VP Legal & Deputy General Counsel
Comcast Cable Communications Inc
Mr. David Graff
General Counsel
Epic Advertising
Mr. Ian D. Volner
Partner
Venable LLP
Mr. Michael P. Zweig
Partner
Loeb & Loeb LLP
1 file
Responding to Government Investigations and Enforcement Actions
247.4 KB 5 pages Presentation
PDF - Responding to Government Investigations and Enforcement Actions
17:00
Conference Concludes