September 15 - 16, 2022

Venable LLP

9th Annual Advertising Law Symposium

This event has already occurred.
Venable DC
600 Massachusetts Ave NW
Washington, DC 20001

The Ad Law Symposium is back in person!

After an extended hiatus, we’re thrilled to once again host Venable’s Advertising Law Symposium live and in person at our DC office. 

Combining the experience and thought leadership of one of the nation's largest advertising law practices with key figures in regulatory and legislative government roles, our 9th annual Symposium will offer sessions designed to educate and innovate. Attendees span both the legal and business worlds, and include attorneys and clients working for some of the world's biggest brands. Session topics will cover broad trends and anticipated developments, as well as industry-specific hurdles, highlights, and more.

Seats are limited, as is availability for our welcome event on the evening of September 14 (more details to come!). RSVP to secure your registration today!

Agenda

Time

Panel

Presenters

7:30-8:00 am

Registration and Breakfast

 

8:00-8:50 am

Navigating Ethical Issues as Compliance Lawyers and Officers

With the proliferation of new technology and remote work, in-house compliance counsel should continue to reassess whether they are meeting their ethical obligations. This session will examine these ethical quandaries, including weighing the competing interests of counseling and sales, preserving confidentiality and privilege, and maintaining files and data.

Michael Munoz

8:50-9:00 am

Welcome and Opening Remarks

Leonard Gordon

9:05-10:05 am

The Times They Are A-Changin' at the FTC: Reflecting on Recent Developments at the FTC and What's Yet to Come

The Federal Trade Commission (FTC) has experienced monumental changes in the past year, which have culminated in changes to enforcement strategy, tactics, and approach, as well as a re-assessment of rulemaking. This session will review consumer protection law and policy updates, and outline what this means for you and what's ahead, including new government policymaking and investigations, rulemaking, enforcement and litigation trends, and managing risk amid the changing landscape.

Leonard Gordon, Eric Berman, Mary Gardner

10:15-10:45 am

The Most Important Result of Your Marketing Efforts: The Purchase

Finally! After all the ads, the AdWords, the promotions, the email campaigns, the funneling, the search engine optimization (SEO), and the retargeting, you finally get that sweet, sweet conversion. Let us tell you how not to mess up the best part! This panel will discuss the complex issues surrounding taking payments, complying with the rules of major card brands, subscription billing, chargeback risk, surcharges, convenience fees, and major pitfalls to avoid.

Ellen Berge

10:15-10:45 am

Legal Updates and New Requirements for FDA-Regulated Products

Although the Food and Drug Administration (FDA) has been busy with COVID over the past two years (and now Monkeypox), it has not forgotten about other products, and it remains hard at work implementing new requirements and enforcing existing ones. Panelists will discuss recent FDA enforcement actions, the agency's priorities, and new requirements that companies selling FDA-regulated products should know.

Todd Harrison, Richard Starr

10:50-11:40 am

Where Does UX Optimization End and Use of Digital Dark Patterns Begin?

Although the concept is not new, challenges to "dark patterns" are rising all over the country. The FTC, Consumer Financial Protection Bureau (CFPB), state attorneys general, and plaintiffs increasingly cite this phrase when challenging negative option programs, consumer sign-ups for email, and mandatory arbitration agreements and class action waivers. But what are dark patterns, really? This panel will cover what makes them different from legitimate advertising and the unfair and deceptive practices that have been the target of regulators for decades.

Ari Rothman, Alexandra Megaris , Luis Escobar

11:45 am -12:35 pm

The TCPA and the FTSA, and the Four-Letter Words That Describe Them

If your company engages with consumers by phone call or text message, chances are you spend a lot of time thinking about the Telephone Consumer Protection Act (TCPA) and Florida Telephone Solicitation Act (FTSA). In the last year, the TCPA and FTSA have created some very high highs and very low lows for industry. Join Venable litigators as they guide you through a TCPA and FTSA "year in review," talk about current litigation trends, and discuss defensive litigation strategies to minimize exposure.

Daniel Blynn, Stephen Freeland, Liz Rinehart

12:35-1:20 pm

Lunch and Networking

1:20-2:10 pm

General Counsel Fireside Chat

What things must companies consider as they roll out new products or campaigns? How can in-house lawyers earn the trust of their business counterparts? What are the challenges in dealing with enforcement authorities? Hear what keeps our panel of in-house counsel up at night, what gives them heartburn, and how they approach legal issues with a view to reaching an acceptable level of legal risk.

Alexandra Megaris, April Lindauer, Tim Hirsch

2:15-3:05 pm

Using the Self-Regulatory Process to Defend and Grow Your Brand

Although federal and state regulators continue to bring enforcement actions involving businesses' advertising and marketing, the benefits of the self-regulatory process are growing. Join Venable partners as they discuss new cases and emerging avenues for challenging competitors in the National Advertising Division, Direct Selling Self-Regulatory Council, and others.

Claudia Lewis, Shahin Rothermel

3:05-3:15 pm

Coffee and Snack Break

3:15-4:05 pm

The Most Interesting … Campaign in the World

Join panelists as they discuss some of the most interesting social and promotional campaigns of 2022, analyze the legal issues that came up, and spot the issues that are next. CGI Influencers? Metaverse? NFTs? Fantasy sports and sports books? In-game ads? We'll use lots of cool words as we talk about what's just happened, what's coming next, and how it might be regulated.

Melissa Steinman

4:10-4:40 pm

Protecting Your Brand While Exploring NFTs

NFTs offer a creative and engaging way to promote your brand, market your goods and services, and add new features to your customer experience. Companies need to understand how to best leverage this new technology for market impact while protecting their intellectual property assets and business and maintaining regulatory compliance. This session will cover how NFTs can be used in market activation and what to consider when leveraging NFTs and virtual currency in promotions, contests, and giveaways.

James Nelson, Christopher Boone

4:10-4:40 pm

The Absolute Best Panel on Puffery in the World; No Joke, for Real … It's the Best!!!

So I know you are asking yourself: "What do they mean by ‘absolute best'? Is it more informative, more entertaining, or more up to date? How could they know—much less support—that they are the ‘absolute best?'" Good questions, which we don't have to answer! Find out why when you join us for an informative presentation designed to help you distinguish between "puffing" and substantive, actionable claims.

Roger Colaizzi, William Lawrence

4:45-5:15 pm

Privacy State Law Updates

State lawmakers across the United States are proposing and passing comprehensive data privacy bills. Our speaker will take you "around the country" to discuss the state-level patchwork of privacy laws, predict what will happen next, and help national data gatherers navigate it all.

Robert Hartwell

5:15-5:30 pm

Closing Remarks

5:30-7:00 pm

Networking Reception