Registration and Continental Breakfast

Co-Chairs’ Introductory Remarks

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

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

Networking Break

Limiting Exposure: Exploring Privacy Concerns for 2018 and Avoiding Unnecessary Risk

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• Clarifying when and how best to update privacy policies when they are out of date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

Next Generation Privacy Practices: Demystifying the GDPR for Digital Marketers

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

Networking Lunch

Steps to Success: Review Process Best Practices

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.

Promoting Transparency in the Ad Distribution Process

• 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

Peer to Peer Networking Break

Where in the World is My Ad Subject to Regulation? Uncovering the Legal Landmines of Advertising on a Global Level

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.

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

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

End of Day 1

Continental Breakfast

Co-Chairs’ Opening Remarks and Recap of Day 1

When It All Goes Wrong: PR Crises and Brand Protection

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

Current Government and Self-Regulatory Agency Enforcement Priorities

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

Peer to Peer Mingling Break

Fireside Chat

Byline Beware: Exploring the Trend of Publisher Liability

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

The Future of Digital Advertising: Open Forum

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.

Lunch for Workshop attendees only