Venable's 12th Advertising Law Symposium

Time

Panel

5:30 – 7:00 p.m.

Welcome Reception

Time

Panel

9:00 – 9:30 a.m.

Registration, Breakfast, and Opening Remarks

9:30 – 10:20 a.m.

False Discounts, “Junk” Fees, Email Marketing, and More: Top Marketing and Pricing Practices Challenges

2025 brought a wave of lawsuits challenging new practices and existing marketing tools under new laws. Now, plaintiffs and regulators are using new strategies to challenge age-old practices like pricing claims, email advertising, autorenewals, and others. Venable’s Autorenewal Solutions team will discuss these new challenges, how companies can avoid them, and how to defend them. 

Ari Rothman, Shahin Rothermel, and Ellen Berge

10:25 – 11:25 a.m.

Direct from the Top: A Chat with FTC Bureau Director Chris Mufarrige

Join us for a fireside chat with FTC Bureau Director Chris Mufarrige, who will share insights on the agency’s current enforcement priorities and emerging trends affecting the advertising and consumer protection landscape.

Len Gordon and Chris Mufarrige

11:30 a.m. – 12:20 p.m.

Beyond the Novelty: AI and Legal Ethics Today

AI presents meaningful opportunities—both to improve the efficiency of legal practice and to create new avenues for client service—but it also poses distinct ethical risks that lawyers must recognize and manage. Duties of confidentiality, competence, and truthfulness remain unchanged, but what has changed is the baseline for competence. Lawyers must understand AI technologies well enough to use them responsibly, evaluate their risks, and advise clients effectively. Join us to explore AI’s ethical risks and best practices—and how to use it in a manner that is consistent with professional responsibility and client expectations.

Eric Prager and Jay Prapaisilp

12:20 – 1:05 p.m.

Lunch and Conversation: What Advertisers Need to Know When Partnering with NCAA Athletes

In the wake of the House v. NCAA antitrust settlement, and with Congress stalled on passage of federal NIL legislation, advertisers are left to navigate partnerships with NCAA athletes within a patchwork of legal regulations at the federal and state levels. In this session, we will review the post-House regulatory environment, including some prominent disputes involving NCAA athlete NIL rights, to help advertisers navigate a regulatory environment that remains in flux.  

Ben Stockman and Phil Sheng

1:10 – 1:40 p.m.

Report from the Laboratories: An Overview of State Consumer Protection Developments

State attorney general enforcement has become a significant driver of consumer protection risk for companies that advertise and market their services and goods to consumers. Nationwide, AGs are pursuing industry-wide initiatives, investigations, litigation, and settlements that place increasing pressure on businesses to pay close attention to state laws and regulations.  Attendees will gain practical insight into current state AG enforcement trends, advertising and marketing practices drawing scrutiny, and strategies for strengthening compliance and mitigating risk.

Mary Gardner and Eden Caliendo

1:45 – 2:15 p.m.

Games, Giveaways, and Guardrails: Legal Updates in Sweepstakes and Promotions

Let’s play “Jeopardy: The Digital Promotions Edition!” Join us for a fast-paced, interactive panel that will let you test your instincts on the legal “hot spots” most likely to draw enforcers’ attention in modern marketing campaigns. Using a Jeopardy-style board, we’ll tackle real-world issues spanning sweepstakes and contests, gaming and gamification, loyalty programs, gift cards, and charitable promotions—especially in online and social channels. Each “clue” will lead to practical compliance takeaways and a brand-friendly fix that can help keep campaigns stay effective while reducing enforcement risk. Join us to have some fun while discussing the legal trends and changes affecting giveaways, online gaming, and other promotional techniques, and how those changes impact the analysis for executing compliant and successful prize promotions.

Melissa Steinman, Shannon Sansom, and Barry Benjamin

2:20 – 2:50 p.m.

The Hidden Cost of Not Complying with FDA Regulations

FDA noncompliance often triggers costs that extend far beyond agency enforcement, including state attorney general investigations, advertising challenges, competitor disputes, and follow-on litigation. This session explores how FDA regulatory issues, particularly around product labeling and marketing claims, can quickly evolve into broader legal exposure when advertising and promotional strategies are not aligned with regulatory requirements. Attendees will gain practical insight into common escalation pathways, the legal risks that flow from them, and strategies for addressing FDA compliance issues before they attract scrutiny from regulators, enforcers, and the plaintiffs’ bar.

Todd Harrison and Claudia Lewis

2:50 – 3:05 p.m.

Coffee Break

3:05 – 3:35 p.m.

Merchant Processing: Managing Risks and Maximizing Results

Merchant processing has become a frontline risk area for brands as processors, card networks, sponsor banks, and regulators intensify their scrutiny of marketing practices, fraud controls, and third-party relationships. This session will dive into current enforcement priorities and provide practical strategies to manage merchant processing risks through strong onboarding and underwriting programs, and explain how to manage chargebacks, fraud, and card network monitoring programs.

Andrew Bigart and Chris Boone

3:40 – 4:30 p.m.

Could You Run This Ad? A Roundtable on Advertising Claims, IP Rights, and Real-World Risk

In an era of escalating regulatory scrutiny and rapid creative innovation, advertisers face mounting pressure to ensure that every advertising claim and use of IP assets is legally defensible. This roundtable brings together experts in advertising law, intellectual property, and risk management to unpack the real-world challenges brands encounter when taking campaigns from concept to market. Attendees will learn how to evaluate claim substantiation, navigate IP use and clearance, assess practical enforcement risk, and understand how regulators and competitors are scrutinizing ads in today’s environment.

William Lawrence, Calvin Nelson, and Chris Kim

4:35 – 5:25 p.m.

2025 Recap/2026 Look Ahead for CPG: The Most Common and Noteworthy False Advertising Class Action Claims

In 2025, no marketing claim was too small to become a class action target. This session will offer an incisive year-in-review of the most common and noteworthy false advertising class action claims that shaped 2025 and those that will drive risk in 2026. From “clean” and “sustainable” claims to label-based litigation over ingredient sourcing and product functionality, we’ll unpack emerging trends and key judicial and regulatory developments in the rising tide of consumer litigation across CPG industries, including food, beverage, supplements, and personal care. Attendees will leave with concrete insights and practical strategies to anticipate plaintiff theories, navigate compliance challenges, and mitigate litigation risk in the year ahead. 

Roger Colaizzi, Caitlin Blanche, and Amit Rana

5:25 – 5:30 p.m.

Closing Remarks

5:30 – 7:00 p.m.

Networking Reception