Day 1 - Monday, June 25, 2018

7:30
Registration and Continental Breakfast
8:30
Co-Chairs’ Introductory Remarks
9:00
Exposed But Unsure: Working with All Parties to Develop Endorser/Influencer Best Practices
10:30
Networking Break
10:45
Limiting Exposure: Exploring Privacy Concerns for 2018 and Avoiding Unnecessary Risk
11:30
Next Generation Privacy Practices: Demystifying the GDPR for Digital Marketers
12:30
Networking Lunch
1:30
Steps to Success: Review Process Best Practices
2:30
Promoting Transparency in the Ad Distribution Process
3:15
Peer to Peer Networking Break
3:30
Where in the World is My Ad Subject to Regulation? Uncovering the Legal Landmines of Advertising on a Global Level
4:30
Collaboration in the Marketing Process: Understanding the Role of Each Member of Your Marketing Team to Enhance Your Strategy and Keep Compliant
5:30
End of Day 1

Day 2 - Tuesday, June 26, 2018

7:30
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day 1
8:15
When It All Goes Wrong: PR Crises and Brand Protection
9:00
Current Government and Self-Regulatory Agency Enforcement Priorities
10:00
Peer to Peer Mingling Break
10:15
Fireside Chat
10:45
Byline Beware: Exploring the Trend of Publisher Liability
11:45
The Future of Digital Advertising: Open Forum
12:30
Lunch for Workshop attendees only

Post-Conference Workshop

Disillusioned by Disclaimers and Disclosures: Analyzing the Pain Points of Compliance on Today’s Social Media and Technology

Jun 26, 2018 1:30pm – 4:30pm

Speakers

Alysse Giallourakis
Senior Corporate Counsel, Advertising
The J.M. Smucker Company (Orrville, OH)

Kristi Wolff
Partner
Kelley Drye & Waren LLP (Washington, DC)

Day 1 - Monday, June 25, 2018

7:30
Registration and Continental Breakfast
8:30
Co-Chairs’ Introductory Remarks

Jim Dudukovich
Associate General Counsel
Chobani (New York, NY)

Ryan Garcia
Managing Legal Director
Dell (Austin, TX)

9:00
Exposed But Unsure: Working with All Parties to Develop Endorser/Influencer Best Practices

Anca Cornis-Pop
Assistant General Counsel
Interpublic Group (New York, NY)

Ryan Garcia
Managing Legal Director
Dell (Austin, TX)

Mathew Micheli
Co-Founder and Managing Partner
Viral Nation Inc. (Vaughan, Ontario, Canada)

William Jelinek
Vice President and Legal Counsel
The Estee Lauder Companies Inc. (New York, NY)

Influencers come in all sorts of packages, from YouTube sensations to mommy bloggers, and their promotional capabilities can be an asset to brands looking to tap into new market segments. On the other hand, since these individuals are often freelance, with little legal oversight, they can become some of the biggest problems when they step out of line. Last year alone, FTC issued over 90 warning letters to brands and their top endorsers urging them to shore up disclosure practices to avoid negative ramifications. With this in mind, influencers, brands, and their middle men need to come together to develop best practices that keep everyone compliant. Some of the topics to be explored include:  

  • Drafting forward thinking contracts that benefit both sides of the equation
  • Developing creative or new approaches to disclose sponsorship while maintaining the organic feel that is desired
  • Reviewing the recent guidance issued by FTC in the wake of the CSGO Lotto case

10:30
Networking Break
10:45
Limiting Exposure: Exploring Privacy Concerns for 2018 and Avoiding Unnecessary Risk

Pamela M. Deese
Partner
Arent Fox LLP (Washington, DC)

Liisa M. Thomas
Partner and Co-Chair, Global Privacy and Cybersecurity Practice
Sheppard Mullin Richter & Hampton, LLP (Chicago, IL)

While gathering data can be a key imperative for businesses, managing the benefits of gaining the most data with the boundaries of privacy laws can be a difficult task for regulatory, compliance, and legal teams to handle. This is especially true in the ever-evolving world of technology, where specific guidelines and regulation are often lagging behind. Ensuring that proper steps are taken and kept up with can mean avoiding multimillions or even billions in fines. Topics to be discussed include:  

  • Uncovering strategies and protocol for easy and quick opt-outs
  • Developing privacy policies and terms of use that take into account developments on the horizon
  • Understanding new technologies or marketing trends and how to craft compliant strategies for their use
    • Cloud computing
    • Targeting algorithms
    • Clickwrap/Browsewrap
  • Clarifying when and how best to update privacy policies when they are out of date
  • Discussion of state laws and AGs office initiatives to protect consumer privacy

11:30
Next Generation Privacy Practices: Demystifying the GDPR for Digital Marketers

Daniel Pepper
Vice President & Deputy General Counsel
Comcast Cable (Philadelphia, PA)

Edward B. Chansky
Shareholder
Greenberg Traurig LLP (Las Vegas, NV)

The General Data Protection Regulation (GDPR) goes into effect May 25, 2018 in the EU, and it is nearly impossible for companies operating internationally to avoid its reach. This session will explore who falls under its jurisdiction and best practices for how to adjust your strategies, operations, and vendor relationships in its wake. Our industry leading professionals will offer their insights on:  

  • The three doors that open companies up to GDPR jurisdiction
  • Techniques for avoiding (or isolating) exposure to GDPR for companies or organizations who are on the cusp
  • Scope and type of requirements
    • Limiting use of data to stated purposes
    • Disclosing the legal basis for gathering data
    • Internal security requirements
    • Data processing agreements with vendors
    • Special rights & disclosures for persons in Europe
    • Documenting internal data handling and security practices
    • Data breach notification requirements & procedures

12:30
Networking Lunch
1:30
Steps to Success: Review Process Best Practices

Rick Kurnit
Co-chair Advertising Marketing and Public Relations Practice Group
Frankfurt Kurnit Klein & Selz (New York, NY)

Ndidi A. Oriji
Senior Vice President, Advertising Standards
NBCUniversal (New York, NY)

Andrew Sacks
SVP Legal Affairs
T-Mobile USA (Bellevue, WA)

While it would be great to have enough bandwidth for a legal or compliance professional to review each and every advertisement posted online, this is hardly the case for most brands. To ensure compliance and minimize risk, companies, ad agencies, and the like have developed review processes that work for their institutions. From onboarding training to consumer flagging to specialized roles for each member of the team, our speakers will discuss the strategies they have seen and the victories and downfalls of each. Our faculty of seasoned industry professionals will provide attendees with the tools they need to create, revamp, or enhance their own processes upon their return to the office.

2:30
Promoting Transparency in the Ad Distribution Process

Lauren Aronson
Counsel
Crowell & Moring, LLP (Washington, DC)

  • Discussing common ad buying pitfalls such as fake traffic and where your ad is being placed
  • Creating trust and transparency between all parties
  • Developing strategies and contract language that ensure legitimate and appropriate users are seeing your ad
  • Analyzing the cost vs benefit of obtaining verified information
  • Understanding why your ad is being published on each platform and what that might impugn on your brand
  • Determining when to bring in a 3rd party verifier and what they bring to the table

3:15
Peer to Peer Networking Break
3:30
Where in the World is My Ad Subject to Regulation? Uncovering the Legal Landmines of Advertising on a Global Level

Mark Smith
Founder & CEO
Purdy Smith (London, England)

Michele M. Totonis
Director of Legal Affairs, Product Design & Development
Lego (Hartford, CT)

On the web, it can be difficult to limit the geographic exposure of your advertisements and convince your clients and companies to keep to their established markets. In this session our team of industry-leading professionals will walk you through some of the most notorious and cumbersome advertising laws from around the globe. This panel will be especially useful for US based companies, practitioners, and those looking to branch out to new regions, as the U.S. has some of the least restrictive laws regarding advertising and current practices are seldom sufficient in international markets. In this session, attendees will be led through the most common traps advertisers fall into and, when possible, the steps that can be taken to avoid unnecessary exposure.

4:30
Collaboration in the Marketing Process: Understanding the Role of Each Member of Your Marketing Team to Enhance Your Strategy and Keep Compliant

Randi Charles
Independent Digital Strategy Consultant
Randi Charles (New York, NY)

Jim Dudukovich
Associate General Counsel
Chobani (New York, NY)

Rebecca Griffith
Senior Counsel – Marketing
Unilever (Englewood Cliffs, NJ)

One major challenge for everyone involved in the marketing process is effective communication across functions. Teams often find themselves engaged in a frustrating and counter-productive battle with others over strategy, priorities, and timelines to ultimately make the best possible decision for the company. In this interactive and hands-on session, attendees will learn strategies for reaching across the aisle to marketers, executives, product managers, attorneys, regulatory professionals, R&D, and more. This panel, made up of the very players you most often encounter, will discuss:  

  • Communicating effectively both within and across groups
  • Identifying goals and priorities in the collaborative process
  • Cross-departmental empathy
  • Finding the balance between creativity and compliance

5:30
End of Day 1

Day 2 - Tuesday, June 26, 2018

7:30
Continental Breakfast
8:00
Co-Chairs’ Opening Remarks and Recap of Day 1
8:15
When It All Goes Wrong: PR Crises and Brand Protection

Leila Milano
VP, Assistant General Counsel – Technology & New Media, Business & Legal Affairs
World Wrestling Entertainment, Inc. (New York, NY)

Kiara Imani Williams
Business and Legal Affairs Counsel
FabFitFun (Los Angeles, CA)

In today’s world, information moves at the speed of light and the public is quick to judge and point fingers at everyone’s transgressions. To maintain their reputation, companies need to be vigilant about where their advertisements are being published and what the related content might call into question about their brand. In this session, our seasoned faculty will discuss their best practices on how to avoid these pitfalls and what to do when they arise. Topics of discussion include:  

  • Understanding how to conduct a proper investigation to ensure your best chance for success
  • Developing guidelines for partners to ensure brand protection
  • Monitoring and engaging in quality checks to ensure compliance with guidelines
  • Creating an immediate reaction plan when crises arise and determining who should be involved
  • Responding to false association or damage to reputation on all fronts
    • Intellectual Property
    • Legal
    • Public affairs/perception
  • Handling an exit from a problematic relationship quickly and efficiently
  • Exploring tactics others have successfully used to monitor situations and deciding when to step in

9:00
Current Government and Self-Regulatory Agency Enforcement Priorities

Hal Hodes
Senior Staff Attorney
Advertising Self-Regulatory Council – National Advertising Division (NAD) (New York, NY)

Darren Lubetzky
Attorney
Federal Trade Commission, Northeast Region (New York, NY)

Moderated by:

Brian L. Heidelberger
Partner
Winston & Strawn LLP (Chicago, IL)

Take advantage of this unique opportunity to hear from a panel of the leading regulators and an NAD Attorney overseeing advertising review and enforcement. They will share insights on future enforcement initiatives from the FTC, NAD, State AGs and Consumer Protection agencies, etc. This session will provide you with the tools to create comprehensive and innovative compliance guidelines and help you understand:

  • The role these agencies play in the advertising process
  • How they interact with one another
  • What priorities are on the horizon

10:00
Peer to Peer Mingling Break
10:15
Fireside Chat

Featuring insights from:

Evan B. Morgenstein
President & CEO
Premier Management Group (New York, NY)

Moderated by:

Jim Dudukovich
Associate General Counsel
Chobani (New York, NY)

Ryan Garcia
Managing Legal Director
Dell (Austin, TX)

10:45
Byline Beware: Exploring the Trend of Publisher Liability

Aaron Reuter
Counsel, Global Brands & Marketing
Hilton (McLean, VA)

David Ugelow
VP, Legal and Business Affairs
Group Nine Media (New York, NY)

Anuj Gupta
Counsel
Vox Media, Inc. (Washington, DC)

Kavitha Reddy
Vice President, Deputy General Counsel
Gizmodo Media Group (New York, NY)

While historically the liability standards for publishers have been more lenient than for the brands themselves, today’s publishers have begun to take on roles that are altering the landscape, and line between publisher and advertiser has blurred exponentially. Topics of discussion include:  

  • Clarifying the publisher’s role when they are also creating content for the brand
  • Understanding publisher accountability for disseminating native advertising
  • Analyzing the risk of liability for publishers based on their level of involvement with the ad
  • Adjusting review processes, contracts, and even facets of the platform itself to mitigate exposure to liability
  • Examining implications of the First Amendment in today’s legal and political environment

11:45
The Future of Digital Advertising: Open Forum

Amy R. Mudge
Partner
Venable LLP (Washington, DC)

This interactive session, led by our moderator, will allow attendees a chance to strategize and benchmark with others in the field about how to handle rapidly evolving technology as it relates to the ad industry. Topics of discussion will include, but are not limited to, augmented and virtual reality, video games, fantasy league betting, and geofencing.

12:30
Lunch for Workshop attendees only

Disillusioned by Disclaimers and Disclosures: Analyzing the Pain Points of Compliance on Today’s Social Media and Technology

Jun 26, 2018 1:30pm – 4:30pm

Alysse Giallourakis
Senior Corporate Counsel, Advertising
The J.M. Smucker Company (Orrville, OH)

Kristi Wolff
Partner
Kelley Drye & Waren LLP (Washington, DC)

What is it about?

Designed to provide a deep dive into one of the more complex problems for today’s legal, regulatory, compliance, development, and advertising professionals, this workshop brings together a faculty of seasoned authorities to discuss the unique challenges that the web and technological advancements have brought to the advertising space. Due to the fast-paced nature of technology and the Internet, new problems seem to be cropping up every day. As technology outpaces the law, enforcement agencies are having difficulties creating rules and policies for disclaimers and disclosure in each new circumstance. To this end, this workshop brings guidance, understanding, and best practices for compliance benchmarking and developing solutions that best fit your company’s and clients’ social media dilemmas. Topics that will be discussed include:  
  • Understanding the disclosure requirements by technology
    • Social Media platforms
    • Mobile devices (i.e. smart phones, tablets, laptops, watches)
    • Augmented and virtual reality
  • Keeping up to date with the rules of each social media platform and what to do when rules are murky
  • Demystifying the due diligence and removal processes for each platform
  • Steering clear of dangers when engaging in native advertising on the Internet
  • Analyzing potential concerns when dealing with User Generated Content (UGC)
  • Discussing the ramifications of inadequate disclosure in today’s hottest areas such as evergreen and subscription shopping services, affinity programs, and consumer review sites
  • Developing creative techniques and ad formats for better compliance