December 5-6, 2006 • Marriott East Side, New York, NY American Conference Institute’s th National 18 Advanced advertising Corporate Counsel Forum on law Legal solutions to new advertising challenges. Interactive Workshops Monday, December 4, 2006 12:00 pm – 5:00 pm In the palm of Intensive Workshop for New Advertising Attorneys your hand. & Business Executives Walk a Mile in the Regulators’ Shoes — • Current trends in new A Holiday Advertising Treasure Hunt media advertising Thursday, December 7, 2006 • The regulators’ requirements 9:00 am – 12:00 pm for online advertising Using Consumer Surveys and Clinical Studies for Substantiation • Avoid advertising litigation Purposes pitfalls Lead Sponsor Media Partner Sponsored by EARN CLECREDITS Register Now • 888-224-2480 • AmericanConference.com/adlaw Now is the time to enter the new age of advertising and marketing — you cannot afford to fall behind! The face of advertising is changing in the wake of multiple technological advances. As technology seems to be moving faster than the law, it is more important than ever to be up to date with recent laws and regulatory trends. With the onset of personal websites such as myspace.com, as well as blogs, new issues arise such as uploading copyrighted material, using bloggers as inexpensive product endorsers, and attracting regulatory scrutiny when targeting younger markets. Mobile phone advertising and text messaging give rise to new levels of confusion regarding which rules to apply (CAN-SPAM or TCPA?), and you need to make sure you know where to look when your client needs answers quickly. Whether you have attended American Conference Institute’s Advertising Law Conference in the past or this will be your first time, you are sure to benefit from our revamped, highly practical panels. This year, the program is specially tailored to offer hands-on sessions and materials you can apply directly to your practice. We are introducing new faculty members from well-recognized advertisers and advertising companies, who are poised to bring you fresh perspectives on developments in: 3 The FTC’s settlement with Optin Global, and the new 3 Preventing ambush marketing paradigm for managing affiliates 3 Engaging in an international advertising campaign Relying on puffery to avoid communicating a claim that 3 Improving client development and retention must be substantiated 3 3 Using consumer surveys in litigation 3 Negotiating talent agreements under the new SAG contract Also, add value to your attendance by taking advantage of one of our interactive workshops. The pre-conference workshop, Walk a Mile in the Regulators’ Shoes – A Holiday Advertising Treasure Hunt, will be an informational networking forum where new advertising lawyers and executives head for the streets of Manhattan for “problem” ads. The post-conference workshop, Using Consumer Surveys and Clinical Studies for Substantiation Purposes, will be an in-depth look at how to establish ironclad methods for conducting and applying these studies for substantiation, and if necessary, litigation. Register now to ensure your place at what is sure to be a sold-out event! Call 1-888-224-2480, fax your registration form to 1-877-927-1563, or register online at www.americanconference.com/adlaw American Conference Institute: ACI is introducing a new look for our Advertising Law conference, to incorporate the idea of entering into a new The leading provider of conferences for high-level legal and business professionals. era of technology for the advertising industry. We’re interested in hearing your feedback! Please send all Each year, more than 21,000 in-house counsel, attorneys in questions and/or comments to Andra Dallas, Conference private practice, and other senior executives participate in ACI Director, [email protected]. Thank you, events – and the numbers keep growing. and we look forward to hearing from you. By Lawyers, For Lawyers ACI’s highly trained team of attorney producers are dedicated, full-time, to developing the content and scope of our conferences. They speak your language, ensuring that our programs provide practical, strategic guidance on cutting-edge issues. Unparalleled Learning and Networking ACI understands that gaining perspectives from — and building relationships with — your colleagues during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible. Exhibitor 2 Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/adlaw Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/adlaw agenda-at-a-glance Monday, December 4, 2006 Tuesday, December 5, 2006 Wednesday, December 6, 2006 Thursday, December 7, 2006 Morning 8:00 Continental Breakfast Q 8:00 Continental Breakfast Q Post-Conference Workshop “B” and Registration 9:00 a.m. to 12:00 p.m. 8:30 Co-Chairs’ Opening Remarks 8:30 Co-Chairs’ Opening Remarks Using Consumer Surveys and Clinical 9:00 Back to Basics – A Common Studies for Substantiation Purposes 8:45 Where the Regulators Stand – Sense Approach to Working With Increased Responsibility Requirements for Advertising Talent Unions and Complying & Marketing With Union Agreements 10:00 Trend or Transformation? 10:15 Coffee Break Q Media Power in the Hands of Consumers 10:30 Maximizing the Attorney/Client Relationship on Advertising and 10:45 Coffee Break Q Promotions Matters 11:00 Advertising Past, Present & Choose Track A or B Future – How Prepared Are A. In-House Counsel Track We for the Next Wave? B. Outside Counsel Track 11:45 Beyond the Lanham Act – A Practical Guide to a Lawyer’s Role in Developing Marketing Campaigns Afternoon Pre-Conference Workshop “A” 12:00 Networking Luncheon for 1:00 Networking Luncheon for 12:00 p.m. to 5:00 p.m Speakers and Delegates Speakers and Delegates Walk a Mile in the Regulators’ 1:30 Puffery or a Claim? Making 2:15 Gaining Valuable Lessons Shoes – A Holiday Advertising the Fine Line Distinction From Advertising Litigation Treasure Hunt 2:15 Advertising & Marketing on 3:30 Refreshment Break a Global Scale – Getting It Right the First Time 3:45 Complying With the 50 States, 3:30 Refreshment Break Including California! 3:45 Prepare to Be Ambushed – 5:00 Conference Concludes A Real-Time Look at What Happens When Your Sponsorship Plan is Compromised 5:00 Conference Adjourns for the Day Gain key insights from these top advertisers, advertising agencies, experts, and regulators: The Dannon Company GlaxoSmithKline Nokia Domino’s Pizza Home Depot Office of the New York State Attorney General FTC The Lustigman Firm, P.C. Pfizer, Inc. Gateway, Inc. Monroe Mendelsohn Research …and many more General Electric NFL Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/adlaw 3 pre-conference workshop A conference agenda Day 1 Monday, December 4, 2006 Tuesday, December 5, 2006 12:00 p.m. – 5:00 p.m. (Lunch will be provided) Intensive Workshop for New Advertising 8:00 Registration and Continental Breakfast Q Attorneys & Business Executives 8:30 Co-Chairs’ Opening Remarks Walk a Mile in the Regulators’ Shoes — Elisa Garcia Executive Vice President, General Counsel A Holiday Advertising Treasure Hunt Domino’s Pizza (Ann Arbor, MI) Liisa Thomas Terri Seligman Partner Partner Winston & Strawn Loeb & Loeb LLP (Chicago, IL) (New York, NY) Whether you are new to advertising law, or you have been practicing for a few years, now is the time to reach a more 8:45 Where the Regulators Stand – Increased thorough understanding that will catapult you to the next level. By this time in your practice, you likely are counseling your Responsibility Requirements for Advertising clients on how to run those colorful, exciting ads so that they & Marketing pass muster with the regulators and so that they avoid becoming the subject of a fair use claim. Mark Fleischer Assistant Attorney General In this workshop you'll get the chance to take your knowledge Office of the New York State Attorney General to the next level. We'll step into the shoes of the regulators and (Albany, NY) examine ads for appropriate substantiation and trademark and other rights clearance issues. After a discussion of the basics, Lesley Fair you will break into groups and hit the streets of Manhattan for Senior Attorney, Division of Advertising Practices an advertising treasure hunt. During the hunt, you will be led Federal Trade Commission toward advertising claims that may require substantiation, (Washington, DC) spotting ads that may violate fair use laws, and determining appropriate use of brand names and slogans. D. Reed Freeman Once you return to the workshop room and review your results, Partner the workshop leader will delve deeper into some of the issues Kelley Drye & Warren LLP that you can expect to face down the advertising pipeline. (Washington, DC) Specific highlights include: • CAN-SPAM and the complex web of online • Advertising clearance basics relationships (including a recap of where we are now) • Trademark and copyright law for advertisers • FTC’s suggestions for managing affiliates • Promotion and sweepstakes • How legitimate companies can inadvertently have • Direct-to-consumer communications their ads run in unexpected places - identifying common online privacy issues • FTC and AG position on law of agency as applied - e-mails (with an update on CAN-SPAM) to online advertising relationships - fax advertisements • Blogs and advertising critics highlight potential - text message ads problems advertisers