Advertising Law 2016 Advertising Law 2016 LIVE/WEBCAST/VIDEO REPLAYS CD/MP3/VOD HOMESTUDY 7 General Credits 7 General Credits INFORMATION ON REPORTING CLE CREDITS FOR THIS COURSE Colorado attorneys and judges may report CLE Credits earned at this seminar or homestudy by logging into the Online CLE Transcript. You can access the online entry of Affidavits by visiting http://www.cletrack.com Click on CLE Transcripts, login and select Enter Online Affidavits. You can enter your affidavit using the Course ID located on the lower left corner of your affidavit. Please note: All homestudies that are accredited are valid for two years, expiring in the month of December of the two-year period. Some courses are reapplied for through the Supreme Court Board for an extended time. Please contact CLE at (303) 860-0608 if you have any further questions. 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The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner, and CLECI disclaims all liability therefore. As with any legal book, program, or other secondary authority, attorneys dealing with specific legal matters should also research fully current, primary authorities. © 2016 by Continuing Legal Education in Colorado, Inc. All Rights Reserved. No part of this publication may be reproduced in any form or by any process without permission in writing from Continuing Legal Education in Colorado, Inc. IRS CIRCULAR 230 NOTICE. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained within this manual was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein. Source Code:GA102616L 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 - 10:00 am: Colorado Attorney General’s Consumer Protection Priorities • Recent Laws • Recent Trends and Issues • Recent Cases Presented by Jan M. Zavislan, Senior Counsel, Consumer Protection Section, Colorado Attorney General 10:00 - 10:15 am: Networking Break 10:15 - 11:05 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 - 11:55 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 - 1:15 pm: Lunch on Your Own 1:15 - 2:05 pm: 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 - 2:55 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 Panelists: - 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 - 3:10 pm: Networking Break 3:10 - 4:30 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, 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 BIOGRAPHICAL INFORMATION PROGRAM MODERATORS Richard Cunningham, Esq., is Of Counsel in Gibson, Dunn & Crutcher's Denver, Colorado office. Mr. Cunningham's practice focuses on a wide range of antitrust and consumer protection matters, including government investigations, client counseling, and litigation. Prior to joining Gibson Dunn, Mr. Cunningham served as Senior Trial Counsel in the Federal Trade Commission's Bureau of Competition. At the FTC, Mr. Cunningham was a senior member of multiple litigation/trial teams, including in FTC v. OSF Healthcare System, FTC v. ProMedica, FTC v. LabCorp, and FTC v. Inova Health System, and was a member of the trial team in the landmark FTC v. Whole Foods merger enforcement case. Mr. Cunningham also led high-profile FTC investigations that resulted in consent decrees/settlements, including DaVita/Gambro, Thermo Electron/Fisher Scientific, and Agilent/Varian. Mr. Cunningham received several awards during his tenure at the FTC, including the Director's Award in 2008 and 2010 for exceptional contributions to the Bureau of Competition. Mr. Cunningham regularly assists clients navigating FTC and Department of Justice investigations involving complex antitrust and consumer protection issues, including matters implicating the FTC Act, COPPA, the Sherman Act, the Clayton Act, the Robinson-Patman Act, and the Hart-Scott-Rodino (HSR) merger review process. Mr. Cunningham is also an experienced litigator and trial attorney. In additional to appearing in court on behalf of his clients and the FTC, Mr. Cunningham served on an 8-month detail assignment as a Special Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Columbia during 2008 and 2009 where he tried more than a dozen criminal cases as first-chair trial counsel. Mr. Cunningham earned a J.D., magna cum laude, from Georgetown University Law Center, where he served as Executive Notes Editor of the Law and Policy in International Business Journal, and a B.S., highest honors, in Business Administration from the University of North Carolina at Chapel Hill. Mr. Cunningham frequently speaks on antitrust and consumer protection topics and has co-taught an antitrust and competition law course as an Adjunct Professor at the Denver University Sturm College of Law. Mr. Cunningham was named to the 2017 Colorado "Rising Stars" list for antitrust litigation by Super Lawyers. Timothy Zimmerman, Esq., is an associate in the Denver office of Gibson, Dunn & Crutcher. He practices in the firm's litigation department, focusing on Antitrust, Consumer Protection, and SEC Enforcement matters. FACULTY Richard Benenson, Esq., Brownstein Hyatt Farber Schreck Shareholder, serves as a senior litigator and co-chair of the firm’s Litigation Department. His experience includes an enviable track record of defending companies in complex litigation, antitrust, consumer protection, business torts, class actions and securities matters. Rich also represents clients in a variety of other industries, including consumer goods, financial services, real estate, manufacturing, healthcare, technology, supplement/nutrition, telecommunications and energy. He came to Brownstein first in 2002, leaving in 2005 to serve as senior vice president and general counsel of The Shaffer Companies until 2007. Rich frequently lectures before businesses, trade associations and the firm's shareholders and associates and provides industry commentary to national legal publications. Scott Bialecki, Esq., is a Denver-based partner in the Intellectual Property Group of Faegre Baker Daniels, LLP. Scott draws from more than two decades of intellectual property and regulatory experience to help clients build and protect their businesses both domestically and abroad. He worked as a staff attorney with the Denver Regional Office of the