Advertising Law 2016 - What Advertisers and the Lawyers Who Advise Them Need to Know
October 2016
Advertising Law 2016 - What Advertisers and the Lawyers Who Advise Them Need to Know
Program Description:
A company selling guitar lessons on DVD agreed to pay $250,000 to settle FTC charges that its online affiliate advertising campaign deceived consumers. Allegations included that the company recruited bloggers and other content providers to endorse DVDs and place hyperlinks to the company website near those endorsements in exchange for a sales commission without clearly disclosing the affiliate compensation arrangement.
A California-based online entertainment network settled with the FTC to resolve allegations that it paid influencers to post YouTube videos endorsing Microsoft’s Xbox One system and several games without adequately disclosing that they were being paid for seemingly objective opinions.
A telecommunications company was fined $1.35 million by the FCC as part of a settlement for using Supercookies (tracking technology that helps websites and ad companies identify devices for targeted advertising) without customer knowledge or consent.
And, here are some more compelling reasons for you, your advertising clients, and all marketers to attend this one-day program on the state of advertising law in 2016 —
Your distinguished faculty will share their expertise concerning: (1) the enforcement activities and consumer protection priorities of the Federal Trade Commission and the Colorado Attorney General; (2) updates on native advertising compliance; (3) the basics of copyrights and trademarks in advertising; (4) the use of big data; and (5) various topics in advertising compliance.
Attend and you will be better able to navigate the maze of laws, regulations, and court cases at both the state and national level affecting marketers. You will gain insights on the legal risks for advertisers, hear best practices for complying with the law, and receive practical tips for steering clear of lawsuits.
Join us in October for a day of learning and networking, and stay for a Networking Reception at the conclusion of the program sponsored by Gibson, Dunn & Crutcher!
Agenda:
8:30 - 9:00 am
Registration
9:00-9:10 am
Welcome, Introductions and Overview
Extended by Richard Cunningham, Esq., Gibson, Dunn & Crutcher
9:10 am
Colorado Attorney General’s Consumer Protection Priorities
- Recent Laws
- Recent Trends and Issues
- Recent Cases
Presented by Jan Zavislan, Senior Counsel, Consumer Protection Section, Colorado Attorney General
10:00 am
Networking Break
10:15 am
Federal Trade Commission (“FTC”) Update: Enforcement
- Update on Claim Substantiation
- Using Consumer Testimonials and Expert Endorsements
- Blogging, Vlogging, Tweeting, and Linking: Marketing and Social Media
- Effective Disclosures in Advertising, Including on Mobile Platforms
- Consumer Privacy and Data Security: A Law Enforcement Review
Presented by Colin Hector, Attorney, Federal Trade Commission, Division of Financial Practices
11:05 am
Native Advertising: A Panel Presentation on the Best Practices to Manage Legal Risks
- Overview and Growth of Native Advertisement
- Legal Risks
- Best Practices for Compliance with FTC Guidance, Including the December 2015 FTC Native Advertising Guides, and More
- Protecting Against Lawsuits by Private Parties
Panelists:
Laura Brett, Assistant Director, National Advertising Division, Better Business Bureau
Edward Chansky, Esq., Greenberg Traurig, LLP
11:55 am
Lunch on Your Own
1:15 pm
Copyrights and Copyrights and Trademarks in Advertising: A Primer on Copyrights and Trademarks, As Applied to Advertising
Presented by Brian Brown, Esq., Faegre Baker Daniels LLP
2:05 pm
Use of Big Data: Are Your Clients or You Violating the Law, Including Consumer Protection and Equal Opportunity Laws?
- Benefits and Risks of Big Data Driving Business Decisions
- Guidance for Ensuring That Decisions are Lawful
Richard Benenson, Esq., Brownstein Hyatt Farber Schreck
Richard Cunningham, Esq., Gibson, Dunn & Crutcher
Deborah Shinbein Howitt, Esq., Lewis Bess Williams & Weese
Tracy Lechner, Chief Privacy Officer, Vice President and Counsel, Outfront Media
2:55 pm
Networking Break
3:10 pm
Advertising Compliance “How to” Panel Presentation
- State and Federal Laws Governing Sales Promotions
- Regulation of the Internet of Things
- Use of Social Media for Advertising, Including Company and Individual Use of Social Media, as Well as Consumer and Celebrity Testimonials
- Unique Issues When Advertising Healthcare Products and Services
- Children’s Advertising
- Online Advertising – Behavioral Advertising and Targeting
Panelists:
Scott Bialecki, Esq., Faegre Baker Daniels LLP
Laura Brett, Assistant Director, National Advertising Division, Better Business Bureau
Sara Carlisle, Esq., Gibson, Dunn & Crutcher
Colin Hector, Attorney, Federal Trade Commission, Division of Financial Practices
John Partridge, Esq., Gibson, Dunn & Crutcher
4:30 pm
Adjourn to Networking Reception Sponsored By Gibson, Dunn & Crutcher
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $349.00 |
| CBA Member | $309.00 |
| CBA Business Law Section Member | $279.00 |
| CBA Government Counsel Section Member | $279.00 |
| Better Business Bureau Member | $279.00 |
| CBA Intellectual Property Law Section Member | $279.00 |
| New Lawyer Edge Partner | $154.50 |
| CLEACCESSPASS--ELITE Pass Holder | $0.00 |
- General Credits: 7.00
- Ethics Credits:
- EDI Credits:
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