Advertising Law: What’s New for 2014 and Beyond?
Overview:This course offers marketing and advertising companies, an overview of the latest trends; critical issues and best practices with respect to advertising law.
Some of the major topics that will be covered in this course are:
- Detailed discussion of the concept of Advertising Law including
- Comparative advertising
- Corrective advertising
- Latest FTC policies and guides
- Advertising compliance regulations
- Taxation of advertising income
Patterson Belknap Webb & Tyler LLP
- Preemption/private litigation vs. federal regulatory scheme (including food labeling litigation)
- Lexmark decision re. standing
- General trend is more class actions, less Lanham Act litigation (exceptions: Lexmark, Pom, Purina, others?)
- Class certification (Comcast, Carrera v. Bayer, recent CA rulings)
- Natural claims
Michelman & Robinson, LLP
- Talking Point 1: “Native Advertising”: The trend of imbedding advertising with content, especially in the digital context. What is “all the fuss about”? What are the policy and legal and regulatory implications and trends now and into next year? This discussion will explain Native Advertising and the legal, regulatory and public policy implications. The discussion will include intellectual property infringement, proper disclosures in accordance with FTC regulations and who bears responsibility on these issues (publishers, advertisers, agencies or all of the above);
- Talking Point 2: The Telephone Consumer Protection Act (TCPA). No advertising or marketing discussion would be complete without including the TCPA. This will include a brief overview and discussion regarding the “prior written consent” rules, who can sue, damages and what one needs to know in navigating advertising and marketing efforts;
- Talking Point 3: The expansion and growth of digital advertising has brought with it many interesting technology issues, including, the explosion of mobile advertising and programmatic and real-time bidding for digital advertisements. From the legal perspective, this has brought on issues of privacy concerns, and in particular, “transparency” over how an advertiser’s marketing dollars is being spent in connection with advertising in the digital world. This is a “hot topic” between advertiser and agency trade groups. Anyone who is involved with expenditures in digital advertising will find this topic very interesting; and
- Talking Point 4: Privacy Concerns: This permeates almost all advertising issues. This topic can include a quick discussion of federal, state, local and self-regulatory issues, new laws and the impact of modern technology on privacy, including data gathering issues and the use and distribution of data.
- Discussion of the current state of the law on native advertising, including the recent FTC workshop.
- Lexmark decision on standing for false advertising claims under Lanham Act.
- FTC and California AG’s privacy initiatives and how they impact advertisers.
- Recent developments in the law on health and natural claims.
- Risks of Tribute Advertising -- Jordan v. Jewel Food Stores, Inc., Case No. 12-1992 (7th Cir.).
- Use of celebrities in social media advertising (Heigl case).
Who Should Attend:
- In house Lawyers
- Outside Counsel
- Advertising Lawyers
- Legal Officers
- Marketing & Advertising Directors
- Brand Managers
- Marketing Executives
- Advertising Professionals
- Marketing Professionals
- Entertainment/Media Professionals
Steven Zalesin, a partner at Patterson Belknap Webb & Tyler LLP, is a nationally recognized trial lawyer with extensive experience in intellectual property and complex commercial matters. For more than 25 years, Mr. Zalesin has represented the nation's leading manufacturers and service providers in a series of landmark cases that have shaped the law of false advertising, while helping to preserve and grow the markets for our clients’ products. His has successfully brought and defended claims on behalf of the world’s largest health care, software, confectionary and beverage companies. Mr. Zalesin also has substantial experience defending consumer class actions. He is currently representing a major orange juice producer in a multi-district litigation over the company’s labeling and advertising and has successfully defended the markers of several best-selling consumer products against similar claims. Mr. Zalesin received his J.D., cum laude, from the University of Pennsylvania Law School, and his B.S., magna cum laude, from Syracuse University.
Steven Zalesin, a partner at Patterson Belknap Webb & Tyler LLP, is a nationally recognized trial lawyer with extensive experience …
Brendan O'Rourke is a Partner and co-Chair of the firm’s Litigation Department, as well as co-head of the False Advertising & Trademark Group. From the inception of his career, Brendan has concentrated in the field of trademark, false advertising, and unfair competition law, and has provided day-to-day trademark, false advertising, and Lanham Act counseling to clients ranging from Fortune 500 companies to start-ups and entrepreneurs. His experience includes all phases of trademark and false advertising counseling and litigation, including complex issues involving consumer survey research and claim substantiation, and inter partes proceedings before the U.S. Trademark Trial and Appeal Board and the Federal Circuit.
Chambers USA, US Legal 500 and US News have each given Proskauer’s advertising litigation practice their highest rating. U.S. News-Best Lawyers named Proskauer “Law Firm of the Year 2013” in Advertising. Brendan is recognized by Chambers USA for both his advertising litigation and trademark practice, and Institutional Investor Magazine’s Benchmark Litigation survey recognized Brendan as one of New York State’s “litigation stars.”
Brendan O'Rourke is a Partner and co-Chair of the firm’s Litigation Department, as well as co-head of the False Advertising …
Ronald Camhi is Managing Partner of Michelman & Robinson, LLP’s Los Angeles office and Chair of the Advertising, Marketing & Media Group. At the forefront of cutting edge, emerging technologies relating to advertising and marketing, Mr. Camhi counsels industry clients in virtually every aspect of their operational needs, representing some of the nation's largest advertising and media buying agencies, direct response and digital media companies, and advertising and media consultancy businesses. Mr. Camhi assists marketers and agencies in aspects of their businesses including mobile marketing, fulfillment house contracts, false advertising claims, revenue sharing agreements and advertising substantiation. He advises on complex online privacy issues interpreting the patchwork of privacy laws at the federal, state, and local level. Mr. Camhi is frequently called upon to counsel on business disputes including trade secret misappropriation claims.
Ronald Camhi is Managing Partner of Michelman & Robinson, LLP’s Los Angeles office and Chair of the Advertising, Marketing & …
Scott Pink is Special Counsel with the global law firm of DLA Piper and heads up its Marketing and Advertising Law Group. He concentrates in advising consumer product companies on a wide variety of advertising and promotional issues, including advertising review and compliance, clam substantiation, product labeling and packaging, gift card and loyalty programs, pricing and discount issues, promotion and sponsorship agreements, advertising agency and creative services agreements, sweepstakes, contests and competitions, mobile and internet marketing, and false advertising litigation and claims. Mr. Pink has successfully defended consumer product companies against challenges brought before the National Advertising Division of the Better Business Bureau. Mr. Pink has expertise in several areas of the law that are relevant to the advertising and marketing done by consumer product companies, including intellectual property law, information technology law, e-commerce, social media and Internet law, and privacy and security law. Mr. Pink currently serves as the lead outside advertising and marketing counsel to several well-known brands.
Mr. Pink has served as chair of local, state and national intellectual property organizations, including the San Francisco and Sacramento Bar's Intellectual Property Sections, the California State Bar's Intellectual Property Section, the American Corporate Counsel Association's national Intellectual Property Committee and the American Bar Association's Cybersecurity Task Force. He has been recognized as a Northern California Super Lawyer by San Francisco and Law & Politics magazines and listed in The Best Lawyers in America for his intellectual property and information technology practice. He is a graduate of Harvard College and Harvard Law School.
Scott Pink is Special Counsel with the global law firm of DLA Piper and heads up its Marketing and Advertising …
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Method of Presentation:
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE Credit:
Areas of Professional Practice
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About Patterson Belknap Webb & Tyler LLP
Patterson Belknap is a New York City-based law firm of over 200 lawyers and is ranked on The American Lawyer’s 2013 “A-List” of 20 leading law firms in the United States. Our preeminent advertising law practice is consistently ranked in the top band of firms nationwide by Chambers USA, and was named the 2012 "Advertising Firm of the Year." We have represented both plaintiffs and defendants in many of the most notable false advertising cases throughout the nation, often successfully defeating class certification. We regularly represent clients at the National Advertising Division of the Better Business Bureau (NAD), at the major television networks, and before the Federal Trade Commission.
Founded in 1875, Proskauer is a global law firm serving clients’ critical legal needs from offices in Beijing, Boca Raton, Boston, Chicago, Hong Kong, London, Los Angeles, New Orleans, New York, Newark, Paris, São Paulo and Washington, DC. Additional information about the firm can be found at www.proskauer.com.
About Michelman & Robinson, LLP
Michelman & Robinson, LLP (M&R) is an industry-focused, national firm with locations in California and New York. M&R is one of the few law firms to offer an Advertising, Marketing and Media Group with a large West Coast and East Coast presence, uniquely positioning the Firm to service national clients that operate in diverse market sectors. In addition to AMM, M&R represents clients in the internet and software, entertainment, insurance, hospitality, financial services, retail, construction, government and municipalities, and automotive industries. For more information, please visit www.mrllp.com.
About DLA Piper
DLA Piper is a global law firm with 4,200 lawyers located in more than 30 countries throughout the Americas, Asia Pacific, Europe and the Middle East, positioning it to help companies with their legal needs around the world.