April 29, 2015 - 7:30 AM - 5:30 PM EST

An Advertising Law Symposium Hosted by Venable LLP

This event has already occurred.
The Princeton Club of New York
13 West 43rd Street
New York, NY 10036

Update: This event has already occurred. Click here to learn more about Venable's Advertising and Marketing Practice or subscribe to Venable's All About Advertising Law blog. 

Below are the links to view the presentation materials:


Join Venable's advertising lawyers for a full-day symposium focused on the challenges and opportunities advertisers are faced with as they grow their valuable brands. Companies are turning to cutting edge or comparative claims, native advertising, social and digital media, celebrity endorsements, and other creative channels to engage with consumers, build brand awareness, and drive the bottom line. However, these efforts can just as quickly turn into a legal quagmire, with competitor or class action litigation or regulatory investigations all threatening to undo your hard-earned marketplace success.

Hear from seasoned litigators and top representatives from key regulatory enforcement bodies, including the National Advertising Division (NAD) of the Advertising Self-Regulatory Council (ASRC), and the Office of the Attorney General of the State of New York. Interact with advertising and marketing executives from ABC, Inc., NBC Universal and Verizon Wireless.

This invitation-only, MCLE-accredited program promises to be a stimulating educational forum to exchange ideas, engage in strategic thinking, and network with regulatory insiders and top advertising law thought leaders.

Complimentary breakfast and lunch will be served.

In addition, guests are invited to an evening cocktail reception at Bar 44 at The Royalton. This reception immediate follows the Advertising Law Symposium.

*This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 7.5 hours, of which 6.5 hours applies to the general credit requirement and 1 hour applies to the Legal Ethics subfield; and by the State Bar of New York in the amount of 9 credit hours, of which 8 credit hours can be applied toward the Areas of Professional Practice requirement and 1 credit hour can be applied toward the Ethics requirement. Venable certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California and State Bar of New York, which govern minimum continuing legal education. Venable is a State Bar of California and State Bar of New York approved MCLE provider. This program is appropriate for both experienced and newly admitted attorneys.


Agenda:

7:30 am – 8:00 am

Registration

 

 

8:00 am – 9:00 am

The Early Bird Gets Ethics CLE plus check-in and breakfast

 

Are you an early riser? Need ethics CLE? Join us bright and early for some eggs and ethics as we discuss some of the ethical issues that can arise in connection with advertising and marketing.

 

 

9:00 am - 9:15 am

Welcome and Opening Remarks

   
9:15 am - 9:35 am Is Calling Puff a Magic Dragon Puffing?
 

Puffery. We think we know it when we see it but pinning down exactly what it is can be elusory. Join us for a fast paced, entertaining yet informative presentation to help you feel a bit more certain when it comes to distinguishing between "puffing" and substantive claims.

   
9:35 am - 10:00 am Minding Your TCPAs
 

Companies are reaching out to their customers (or potential customers) more often than ever both through the old-fashioned telephone and through newer mediums such as text messaging. However, the rules regarding who you contact, how and when and how you get consent are complex and frequently changing. Class action attorneys mindful of the complexity and uncertainty in this area are also on the prowl. Join our panel as they guide you through this area to help make sure you are TCPA compliant.

   
10:00 am - 10:15 am Morning Break
   
10:15 am - 11:45 am Examining an Expert
 

Advertising litigation is near an all-time high and the legal issues have become increasingly complex. Advertisers sometimes are surprised to learn that liability can attach to a wide range of statements that are not “traditional advertising” such as letters, phone calls, verbal pitches, and slide desks given to business purchasers (such as retailers). In addition, a puffery defense may not always work predictably. On the other hand, challengers need to be prepared to explain the market and exactly how the challenged advertising is causing competitive harm. Join our panel of ace litigators as they role play an oral argument on these litigation issues in a motion to dismiss setting, and engage in what is sure to be a lively post-mortem.

   

11:45 am - 12:45 pm

Keynote Luncheon

   
12:45 pm - 1:30 pm The Regulatory Road – A Look Back and a Look Ahead
 

2014 was another busy year for regulators, at both the federal and state level, as they tackled tough issues such as testimonials, disclosures, use of social media and green marketing. Curious what everyone will be talking about at the end of this year? We’ve brought together a panel of regulatory heavyweights who will weigh in on what they see as the hot topics and enforcement priorities for 2015 to help you stay ahead and stay off the regulatory radar.

  • Jane Azia, Chief, Bureau of Consumer Frauds and Protection, Office of the New York Attorney General
  • Michael J. Bresnick, Partner, Venable LLP
  • Mary K. Engle, Associate Director for Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission (FTC)
  • Leonard L. Gordon (former FTC NE Regional Director), Partner, Venable LLP
   
1:30 pm - 2:30 pm Substantiating Structure/Function and Health Claims after POM
 

Consumers are more interested than ever in eating healthy and living well, yet the messages that get conveyed are sometimes confusing. Eggs were good, then bad and now perhaps they’re good again. The FTC has entered into a number of consent orders that specifically require clinical studies for certain types of claims, yet several court decisions, including the D.C. Circuit’s recent decision in the POM case have suggested that the agency has gone too far in its efforts to insure that claims are truthful and not misleading. Join us for an informative and provocative look at the substantiation requirement.

   

2:30 pm - 2:50 pm

Afternoon Keynote: Why My Job Used to be Easy

  • Ian Chee, Chief Strategy Officer, MRY
   
2:50 pm - 3:00 pm Afternoon Break
   
3:00 pm - 4:30 pm Case Study: Building a Cross-Platform Promotion for Entertainment Properties
 

Gone are the days when you simply came up with a tv or print campaign. Today campaigns are built and must be legally compliant across multiple platforms and the use of newer social media platforms and native advertising can raise novel claims, substantiation and licensing issues.

  • Karen Chin, Counsel, Marketing & Consumer Law, Verizon Wireless
  • Jen Gershon, Director, Business and Legal Affairs at MTV, Viacom Media Networks
  • Sarah LaVoi, Associate General Counsel, Media, Re:Sources USA
  • Amy Ralph Mudge, Partner, Venable LLP
  • Melissa Landau Steinman, Partner, Venable LLP
  • Po Yi, Partner, Venable LLP
 

 

4:30 pm - 5:30 pm The Networks and ASRC: Clearance, Challenges and Disclosures
 
  • Amy Ralph Mudge, Partner, Venable LLP
  • Ndidi Oriji, SVP, Advertising Standards, NBC Universal
  • Chrysse Spathas, VP, Broadcast Standards and Practices/Commercial Standards, ABC, Inc.
  • C. Lee Peeler, President & CEO, Advertising Self-Regulatory Council (ASRC) EVP, Council of Better Business Bureaus
   
5:45 pm - 7:00 pm Cocktail Reception
  Please join us for a cocktail reception at Forty Four located at 44 West 44th Street, New York, New York 10036