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Supporting Sponsor advertising law National Advanced Corporate Counsel Forum on Expert legal solutions and strategies for new advertising, marketing, and media law challenges TRACK enforcement trends on social networking and user generated content MAXIMIZE sponsorship and endorsement deals ENGAGE in the hottest promotional campaigns without getting burned PREVENT hefty fines, litigation, and class actions in the direct marketing arena LEVERAGE rights and bargaining power when negotiating the agency/client agreement Interactive Workshops – Monday, December 10, 2007 9:00 am – 12:00 pm Managing the Complex Agency/Client Relationship — Expect More, Get More, and be Ready for Anything 1:00 pm – 4:00 pm Master Class on Negotiating Win/Win Sponsorship and Endorsement Deals American Conference Institute’s 20 th EARN CLE CREDITS Documentation Sponsor Refreshment Break Sponsor December 11-12, 2007 | The Westin, Times Square, New York, NY Register Now • 888-224-2480 • AmericanConference.com/advertisinglaw Associate Sponsors Media Partner ABC, Inc. Coca-Cola Dell ePrize Frito-Lay FTC Gateway General Electric Home Depot The Interpublic Group of Companies, Inc. Javelin Direct JWT MasterCard Worldwide NAD Turner Broadcasting, Inc. Gain key insights from these top advertisers, ad agencies, and regulators:

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Page 1: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

Supporting Sponsor

advertising law

National AdvancedCorporate Counsel Forum on

Expert legal solutions and strategies for new advertising,marketing, and media law challenges

• TRACK enforcement trends on social networking and user generated content

• MAXIMIZE sponsorship and endorsement deals

• ENGAGE in the hottest promotional campaigns without getting burned

• PREVENT hefty fines, litigation, and class actions in the direct marketing arena

• LEVERAGE rights and bargaining power when negotiating the agency/client agreement

Interactive Workshops – Monday, December 10, 2007

9:00 am – 12:00 pmManaging the Complex Agency/Client Relationship — Expect More, Get More, and be Ready for Anything

1:00 pm – 4:00 pmMaster Class on Negotiating Win/Win Sponsorship and Endorsement Deals

American Conference Institute’s

20th

EARN

CLECREDITS

Documentation Sponsor Refreshment Break Sponsor

December 11-12, 2007 | The Westin, Times Square, New York, NY

Register Now • 888-224-2480 • AmericanConference.com/advertisinglaw

Associate Sponsors

Media Partner

ABC, Inc.

Coca-Cola

Dell

ePrize

Frito-Lay

FTC

Gateway

General Electric

Home Depot

The Interpublic Group ofCompanies, Inc.

Javelin Direct

JWT

MasterCard Worldwide

NAD

Turner Broadcasting, Inc.

Gain key insights from these top advertisers, ad agencies,and regulators:

Page 2: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

In light of the FTC’s testimonial guideline revisions, recent text message/sweepstakes litigation, and the CARU guidelines, there are many newdevelopments driving the advertising and marketing industry. Your clients are depending on you to stay on top of it all.

New media trends are pushing regulators and lawmakers to devise new ways to protect consumers, particularly children, and it isyour responsibility to follow their lead and counsel your clients on issues such as ensuring information security, advertising onsocial networking sites, and substantiating claims.

American Conference Institute has gone to great lengths to uncover the nuances in the laws and the latest enforcement trends.We dedicate months of research to uncover exactly what you need to know to stay on top of the most important issues yourindustry faces. This year’s conference promises to be refreshingly different, with new speakers, new companies, and will offer a realhands on approach to the topics you face daily. Specific highlights include:

✓ Avoiding third-party liability on social networking and user-generated content sites

✓ Preventing fines, litigation, and class action in the direct marketing arena

✓ Engaging in the latest online sweepstakes methods without getting burned

✓ Recent FTC enforcement trends and NAD challenges

✓ Maximizing bargaining power when negotiating the agency/client agreement

✓ Avoiding regulatory scrutiny when advertising/marketing to children

Also, add value to your attendance by taking advantage of one or both of our interactive workshops, Managing the ComplexAgency/Client Relationship—Expect More, Get More, and be Ready for Anything, and Master Class on Negotiating Win/WinSponsorship and Endorsement Deals.

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/advertisinglaw

Each year more than 21,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events—and the numbers keep growing.

Guaranteed Value Based on Comprehensive ResearchACI’s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of ourconferences based on comprehensive research with you and others facing similar challenges. We speak your language,ensuring that our programs provide strategic, cutting edge guidance on practical issues.

Unparalleled Learning and NetworkingACI understands that gaining perspectives from – and building relationships with – your fellow delegates during the breakscan be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects ofyour conference as productive as possible.

American Conference Institute:The leading networking and information resource for counsel and senior executives.

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw2

…ALL THE TOOLS YOU NEED TO ADVISE YOUR CLIENTS ON CREATING EFFECTIVE ANDAGGRESSIVE ADVERTISING WHILE AVOIDING LEGAL CHALLENGES IN THE PROCESS

Page 3: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

agenda-at-a-glanceMonday, December 10, 2007

Workshop A 9:00 a.m. – 12:00 p.m.

Managing the Complex Agency/ClientRelationship—Expect More, Get More, and be Ready for Anything

Workshop B 1:00 p.m. – 4:00 p.m.

Master Class on Negotiating Win/WinSponsorship and Endorsement Deals

Tuesday, December 11, 2007

8:00 Registration & Continental Breakfast

9:00 Co-Chairs’ Opening Remarks

9:15 Avoiding Third-Party Liability WhileContinuing to Reap the Benefits ofUser Generated Content

10:30 Coffee Break Hosted by:

10:45 Preventing Hefty Fines, Litigation and Class Actions in the DirectMarketing Arena—CurrentEnforcement Trends from the Courts,State Attorneys General, and the FTC

12:00 Networking Luncheon for Speakers & Delegates

1:15 Sponsorship and PromotionalMarketing —Managing Rights andExpectations in a Volatile Environment

2:30 Engaging in the Latest Sweepstakes and Contest Methods WithoutGetting Burned

3:30 Refreshment Break Hosted by:

3:45 Beyond the Basics of ClaimSubstantiation— Recent FTCEnforcement Trends and NADChallenges

5:00 Conference Adjourns to Day 2

5:15 Cocktail Reception Hosted by:

Wednesday, December 12, 2007

8:00 Continental Breakfast

9:00 Co-Chairs’ Opening Remarks

9:15 Leveraging Rights and MaximizingBargaining Power When Negotiatingthe Agency/Client Agreement

10:30 Coffee Break

10:45 Navigating Through the NetworkClearance Process and Getting it Rightthe First Time

11:45 Best Practices to Avoid RegulatoryScrutiny When Advertising/Marketingto Kids (Even if the Company is NotKid-Oriented)

12:45 Networking Luncheon for Speakers & Delegates

2:00 Succeeding in Cross-BorderAdvertising and Promotions in Light of Recent Developments in the EU and Asia

3:15 Refreshment Break

3:30 Recent Developments on ProtectingIntellectual Property in Advertisingand Marketing Practices

4:30 Conference Concludes

Morning

Afternoon

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw 3

who should attend

• In-house counsel in any company involved in advertising or marketing its products or services

• Attorneys who specialize in the following practice areas:

- Advertising

- Marketing

- Promotions

- Entertainment/media

- Consumer protection

- E-commerce/Internet

- Trademarks

- Privacy

- IP

- Licensing

• Marketing & Advertising Directors

• Brand Managers

Page 4: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

Teigue ThomasAssociate General CounselGateway, Inc. (Irvine, CA)

Anne GuinanGeneral CounselJavelin Direct, Inc. (Irving, TX)

Candice KershPartnerFrankfurt Kurnit Klein & Selz (New York, NY)

When drafting and negotiating agency agreements, new andcomplex issues—some more shocking than others—arise all thetime. In the new age of advertising, the melding together of user-generated content, new technology, branded entertainment,talent endorsements (including union issues), and sponsorshipagreements, is a common occurrence. As an attorney or business person involved at any or at all stages of this process, you need to be ready for just about anything. This workshop is imperative for anyone in the advertising businessbecause the leaders will delve into great detail, offering expertnegotiating strategies each step of the way. The workshop leaders are representative of the players involved in complex agency agreements. Though the group often variesdepending on the situation, there is almost always in-house counselfor the agency and the client, as well as outside counsel present.This highly interactive workshop will help you get the most out ofyour agency/client relationships. Through a series of hypotheticals,examples, and mock negotiations, the workshop leaders will foster a thorough understanding of:

• Defining roles in planning ad campaigns• Overcoming common pitfalls when dealing with

multiple agencies• Dividing responsibilities among the parties• Determining who has creative control • Managing cross-promotional partnerships

- multiple sponsorships- endorsement deals

• Drafting and negotiating the agency contract- anticipating problems when working with talent- union jurisdiction- obtaining copyright and trademark clearance- compensation - media buying- exclusivity

• Analyzing the agency compensation model

Richard EisertPartnerDavis & Gilbert LLP (New York, NY)

Po YiPartnerLoeb & Loeb LLP (New York, NY)

When negotiating a sponsorship or endorsement deal on behalf of the brand, the goal remains constant—to maximize brandexposure, profits, and get the most out of the deal. There aremultiple ways to do this, depending on what type of deal the parties intend. The first step is to identify the deal, and then devise a negotiating strategy, which will vary each time. The workshop leaders will go through a step-by-step analysis of different types of deals, based on real-life scenarios. You willdevelop a thorough understanding of how to work your waythrough common “sticking points” that can make or break yournegotiation. Specific highlights of this workshop include:

• Special problems when combining sponsorship and endorsements in the same deal

• Coexisting with competitors while maximizing brandexposure and revenue

• Creating different deals for different types of talent• Special problems with blurring the content and the ad —

who pays for what?• When is the brand “integrated?”

- wearing a brand during a televised event- wearing non-sponsor brands at sponsored live events

• Mastering complexities and uncharted territory in new,innovative deals- determining whether cameo deals extend to feature

films or television shows- drafting specific language to cover DVD sales and

the possibility of future digital platforms

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw4

Monday, December 10, 20079:00 a.m. – 12:00 p.m.

Managing the Complex Agency/ClientRelationship—Expect More, Get More,and be Ready for Anything

Monday, December 10, 20071:00 p.m. – 4:00 p.m.

Master Class on Negotiating Win/WinSponsorship and Endorsement Deals

conference workshops

A B

Page 5: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

10:30 Coffee Break Hosted by:

10:45 Preventing Hefty Fines, Litigation and Class Actions in the Direct Marketing Arena —Current Enforcement Trends from the Courts,State Attorneys General, and the FTC

James KohmAssociate Director, Division of Enforcement Federal Trade Commission (Washington DC)

Steven CooperPartnerAnderson Kill & Olick, P.C. (New York, NY)

• Alerting the company to the dangers of wireless marketing- who is bringing lawsuits and why marketers

should be worried- how text message marketing is violating FCC

regulations, as well as federal privacy laws- if it must be done, how to do it right

• Examples of civil litigation and class actions resultingfrom fraudulent or deceptive advertising

• Consumer protection laws to be aware of beforelaunching an ad campaign, including CAFA

• Identifying specific types of advertising/marketingpractices that can lead to private class actions andsuccessful defense strategies to minimize penalties

• Taking measures to avoid being targeted by consumerclass action groups

• Current FTC initiatives to regulate different marketingtactics such as e-mail, faxing, pre-recorded messaging

• How the FTC’s modification to the TelemarketingSales Rule impacts businesses

• How recent enforcement efforts in the areas of identitytheft and data security are causing companies torevamp their marketing tactics

12:00 Networking Luncheon for Speakers & Delegates

1:15 Sponsorship and Promotional Marketing —Managing Rights and Expectations in aVolatile Environment

Jim DudukovichMarketing CounselCoca-Cola North America (Atlanta, GA)

Ronald Urbach PartnerDavis & Gilbert LLP (New York, NY)

8:00 Registration & Continental Breakfast

9:00 Co-Chairs’ Opening Remarks

James D. TaylorPartnerLoeb & Loeb LLP (New York, NY)

Andrew SacksLegal DirectorDell, Inc. (Round Rock, TX)

9:15 Avoiding Third-Party Liability WhileContinuing to Reap the Benefits of UserGenerated Content

Daphne KellerSenior Products CounselGoogle, Inc. (Mountain View, CA)

Peter GlassSenior Attorney, MarketingUnilever (Englewood Cliffs, NJ)

Carla OakleyPartnerMorgan Lewis & Bockius LLP (San Francisco, CA)

Moderator:Douglas MastersPartnerLoeb & Loeb LLP (Chicago, IL)

• Applying real world federal and state regulations to cyber-world social networking practices

• Ensuring optimal exposure and protection for thecompany when structuring deals in this space

• How online communities are driving commerce;identifying what the risks are

• Assessing whether obtaining online immunity underthe Communications Decency Act is an appropriatebusiness/legal decision

• Obtaining proper intellectual clearances • Policing social networking sites to find instances

of being trashed by competitors• Being mindful of social landmines (and regulatory

scrutiny) when engaging in online practices that might lure underage users

• How to implement controls but still obtain safe harbor protection under the DMCA

• Implementing effective disclaimers to shield the company from liability

Tuesday, December 11, 2007 – Day One

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw 5

conference agenda

Page 6: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

Michael GrazioVice PresidentWorldwide Marketing CounselMasterCard Worldwide (Purchase, NY)

• Special points to consider before the negotiation commences- clarifying which goals the company must accomplish- anticipating what is important to the other side

• Clarifying key contract provisions, and what it meansfor either side (including: scope, exclusivity, term,indemnity, insurance, and more)

• Anticipating key issues that may not be clear at theoutset of the deal- ambush marketing- new media and “brand new” media- change of business and parties by corporate action- talent and union issues- global v. domestic issues

• New issues and hot regulatory concerns• Impact of digital and user generated content• Grappling with the ultimate variable – people and emotion

2:30 Engaging in the Latest Sweepstakes andContest Methods Without Getting Burned

Gabriel KarpSVP, General CounselePrize (Pleasant Ridge, MN)

Brad SeilingPartnerManatt, Phelps & Phillips (Los Angeles, CA)

• Text message sweepstakes—will the multi-milliondollar class action lawsuits close the door on thesetypes of promotions?- how the sweepstakes in these cases violated the law,

and how to protect your company from lawsuits- when is a free alternate means of entry truly “free”?

• Complying with differing gaming statutes whenengaging in a multistate promotion- ensuring that the rules encompass the

correct language - making the right reps and warranties - determining who is responsible for meeting state

bonding requirements, and ensuring it gets done- setting up internal compliance controls for

executing and governing sweepstakes rules

3:30 Refreshment Break Hosted by:

3:45 Beyond the Basics of Claim Substantiation — Recent FTC Enforcement Trends and NAD Challenges

Lesley FairSenior Attorney, Bureau of Consumer Protection Federal Trade Commission (Washington, DC)

David MallenAssistant DirectorNational Advertising Division (New York, NY)

Linda GoldsteinPartnerManatt, Phelps & Phillips (New York, NY)

• Integrating lessons from recent FTC, NAD, and court cases into advertising campaigns

• Identifying all potential claims that will requiresubstantiation

• How NAD reacts to and regards different types of surveys

• Knowing when to enlist the aid of a survey specialist• Using surveys in connection to implied claims—

determining if a survey is necessary to prove what the ad is not saying

• Specific potholes companies fall into with respect to surveys- doing the survey incorrectly- surveying the wrong claim

• Determining whether to follow industry standards fortesting; how regulatory bodies view industry testing

• Making effective disclosures to avoid regulatoryscrutiny and vitiating the message behind the ad

• Making determinations about what is puffery and what is not

• Striking a balance between the ad agency’s “sexy” adsand substantiation requirements

5:00 Conference Adjourns to Day 2

5:15 Cocktail Reception Hosted by:

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw6

conference agenda

Tuesday, December 11, 2007 – Day One cont’d

Page 7: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

8:00 Continental Breakfast

9:00 Co-Chairs’ Opening Remarks

9:15 Leveraging Rights and Maximizing Bargaining Power When Negotiating the Agency/Client Agreement

Candace ThurmondDirector – Legal Home Depot U.S.A., Inc. (Atlanta, GA) (invited)

Gabrielle DavisAssistant General Counsel The Interpublic Group of Companies, Inc. (New York, NY) (invited)

James D. TaylorPartnerLoeb & Loeb LLP (New York, NY)

• Incorporating points from the initial handshake dealinto a comprehensive agency/client agreement

• Identifying common sticking points and being armedwith creative negotiation tactics - determining how the agency should be compensated- deciding who retains ownership of rejected materials

- being prepared for burgeoning issues that maybe unanticipated at the outset of the deal

- non-advertising use of advertising concepts and other materials that are atypical for creationby advertising agencies (Pets.com puppet, Geico caveman)

- determining who will derive revenue - indemnification, particularly for union-related claims- determining what the parties need/expect out of the

exclusivity provision

10:30 Coffee Break

10:45 Navigating Through the Network ClearanceProcess and Getting it Right the First Time

Debra FreemanSenior Partner/Assistant General CounselJWT (New York, NY)

Chrysse SpathasDirector, Commercial StandardsABC, Inc. (New York, NY) (invited)

• Anticipating which parts of the ad the networks might flag before it is presented

• Striking a friendly balance between agency and clientin the network clearance process--working with (andaround) the pressure of agency timetables

• Knowing what the networks look for when reviewing a competitive claim- network review of unsubstantiated studies- being proactive on claim substantiation—getting

your agency to understand the importance ofsupporting claims (direct or implied)

• Obstacles to expect when going through the networkchallenge process- compiling correct and effective data and research

to present before the network review board- problems arising from networks’ inconsistencies—

timetables - anticipating business risks, such as competitive

programs using the same talent

11:45 Best Practices to Avoid Regulatory ScrutinyWhen Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented)

Kelly TullierVice President, General CounselFrito-Lay (Dallas, TX)

Randal ShaheenCounselArnold & Porter LLP (Washington, DC)

• Special problems with social networking sites that are inadvertently targeted to children (no sex, nomature rating)

• What CARU has been viewing as compromises of their guidelines

• Taking a firm approach on CARU’s guidelines and sticking to it- why certain companies find the guidelines helpful- whether labeling requirements undermine

packaging design and branding- government views for and against CARU’s initiative

• Taking new technology (and who is using it) intoconsideration when marketing over cell phones- making the right disclosures- ensuring that people are viewing them

• Being mindful when integrating brands into videogames—how far to go before the integration becomesadvertising and draws regulatory attention

• Ensuring protection of 14 to 18 year old children who are not covered by COPPA

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw 7

Wednesday, December 12, 2007 – Day Two

conference agenda

Page 8: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

12:45 Networking Luncheon for Speakers & Delegates

2:00 Succeeding in Cross-Border Advertising andPromotions in Light of Recent Developmentsin the EU and Asia

Andrew SacksLegal DirectorDell, Inc. (Round Rock, TX)

Kathryn Barrett ParkTrademark CounselGeneral Electric (Fairfield, CT)

Alberto Berton Moreno Jr.PartnerSena & Berton Moreno (Buenos Aires, Argentina)

Nick JohnsonPartner Osborne Clarke (London, UK)

• Helpful guidance for companies engaging ininternational campaigns

• What companies have done from the creative side to comply with multi-jurisdictional requirements

• Being mindful of counterfeiting and other IPinfringement overseas

• Global perspectives on obtaining releases from talent • Advertising in Asia and beyond—what to expect

in coming years- developing a global corporate compliance strategy- China’s treatment towards advertisers- enforcing intellectual property rights overseas

• How the UK’s Office of Communications efforts to strictly regulate branded content affect USadvertisers overseas

• Ensuring protection against ambush marketing overseas- different countries’ initiatives to afford extra

protection to certain events- the UK’s legislation for the 2012 Olympic Games

3:15 Refreshment Break

3:30 Recent Developments on ProtectingIntellectual Property in Advertising and Marketing Practices

Michael HauserAssistant General CounselTurner Broadcasting, Inc. (Atlanta, GA) (invited)

Accreditation will be sought in those jurisdictionsrequested by registrants which have continuingeducation requirements. To request credit, pleaseindicate on the Registration Form.

This course has been approved in accordance with therequirements of the New York State Continuing LegalEducation Board in the amount of 13.5 hours. An additional3.5 hours will apply to workshop A and an additional 3.5hours will apply to workshop B.

ACI certifies that this conference has been approved forMCLE credit by the State Bar of California in the amount of11.5 hours. An additional 3.0 hours will apply to workshopA and additional 3.0 hours will apply to workshop B.

EARN

CLECREDITS

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw8

Wednesday, December 12, 2007 – Day Two cont’d

Brian MurphyPartnerFrankfurt Kurnit Klein & Selz (New York, NY)

• Reviewing the latest copyright cases relating to theproduction of advertising and marketing materials

• Assessing the risks of using copyrighted materialwithout authorization: how far can you stretch fair use and the de minimis defenses?

• Being wary of the perils associated with using “steal-o-matics” and other common missteps that may lead to infringement claims

• Revisiting the right of publicity:- the latest cases concerning how to draw the line

between what is commercial (and actionable) and what is protected speech under the First Amendment

- an exploration of the ever-expanding notion of celebrity “persona”

- the latest cases and legislative developmentsconcerning the use of dead celebrities, including the recent Marilyn Monroe decisions

• Avoiding claims when using competitors’ trademarksand logos

• The implications of recent lawsuits arising from the unauthorized use of products as props in videogames and films

• Determining whether a work is in the publicdomain—how far is far enough when searching for a copyright?

4:30 Conference Concludes

Continuing Education Credits

conference agenda

Page 9: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

AARPAbbott LaboratoriesAlticorAltriaAmerica Online American Express CompanyAmeriquest Mortgage CompanyAnheuser-Busch Companies Apple ComputerApplica Consumer Products Applied BiosystemsArby's Arnell GroupAssurant GroupAT&T CorporationAT&T WirelessATI Technologies Avon Products Bally Total FitnessBellSouth Telecommunications Bissell Homecare Boehringer Ingelheim Borders Group Boston Beer CompanyBP America Brylane Cablevision Systems CorporationCampbell Soup CompanyCampbell-EwaldCanandaigua Wine Company Canon USA Capital One FinancialCorporationCargill Carmax Auto Superstore CastrolCBS Chanel CIBA Vision CorporationCircuit City GroupCitiBankClorox CompanyCoca Cola CompanyColgate Palmolive CompanyColumbia House CompanyComcast Cable Communications Computer AssociatesInternational ConocoPhillipsCoors Brewing CompanyCountrywide Financial

Cox CommunicationsCricket CommunicationsDell Computer CorporationDigitas DirecTV Group Domino's Pizza Draft WorldwideE Morris Communications E&J Gallo WineryEastman Kodak CompanyeBay EDiets.comEnterprise Rent-A-CarEstee Lauder CompaniesEveready Battery Company Exclusive ResortsExpedia Exxon Mobil CorporationFarmers Insurance GroupFCB San FranciscoFirst Data CorporationFisher Price Foote Cone & BeldingCommunications Frito Lay FUJI Photo FilmGAF Materials CorporationGateway GE HealthcareGeorgia-Pacific CorporationGillette CompanyGlaxoSmithKlineGoodyear Tire & RubberCompanyGreat Brands of Europe Grey Global Group Guideline New YorkGulf States Toyota Hasbro Home Box OfficeHome Depot Home Shopping Network Honda North AmericaHoneywell CPGHousehold InternationalHSBC Finance CorpHyatt Hotel CorporationHyundai Motor AmericaIBM CorporationIams Company

Ice MillerIntel CorporationInterpublic Group of Companies ITSJavelin Direct Jenny Craig JM Smucker CompanyJohnson & JohnsonKimberly Clark CorporationKomatsu America InternationalCompanyLadies Professional GolfAssociationLeap Wireless International Lego Systems Leo Burnett Worldwide Levi Strauss & CompanyLoreal USA IncorporatedLowes Companies MasterCard International Match.comMercedes-Benz of North AmericaMicrosoft CorporationMiller Brewing CompanyMonsanto CompanyMotor Coach IndustriesMotorola MTV NetworksNationwide Mutual InsuranceNEC SolutionsNestle Purina PetcareNew Century MortgageNextel CommunicationsNissan North America Novartis Consumer Health Office Depot Orbitz LLCPepsiCo PfizerPhilips ElectronicsPhilips Lighting CompanyPhillip MorrisPizza HutPlaytex Products Porsche Cars North America Primerica Financial ServicesProcter & Gamble CompanyProvidian Financial CorpQuaker Foods & BeveragesRayovacReaders Digest Association

Resort CondominiumsInternationalRJ ReynoldsRoss ProductsAdvertising WorldwideSAICSamsung Electronics AmericaSC Johnson & Son Schering Plough CorporationSchick/Wilkinson SwordSears Roebuck & CompanyService Master CompanySightline MarketingSimmons CompanySkyline Chili Southeast Toyota DistributorsSovereign BankSprint PCSStaples Starbucks Coffee CompanySubaru of America Sun Microsystems Taco BellTarget CorporationTech TVTexas InstrumentsTime Warner CableTJX Companies Toro CompanyToyotaToys R Us True Value CompanyTurner Broadcasting Systems UnileverUnivisionUSAA BankVartec Telecommunication VerizonVisa USA Wachovia CorporationWalt Disney World CompanyWells Fargo & CompanyWestern Union Financial ServicesWhirlpool CorporationWilliam Wrigley Jr. CompanyWyeth PharmaceuticalsXerox CorporationXO Communications Yamaha Motor CorporationYum! Brands

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw 9

Here are just some of the companies who have attended our pastAdvertising Law conferences…

past attendees

Page 10: advertising - Davis & Gilbert LLP · 2019-04-25 · Scrutiny When Advertising/Marketing to Kids (Even if the Company is Not Kid-Oriented) 12:45 Networking Luncheon for Speakers &

Steven CooperPartnerAnderson Kill & Olick, P.C. (New York, NY)

Gabrielle DavisAssistant General CounselThe Interpublic Group of Companies, Inc. (New York, NY)

Jim DudukovichMarketing CounselCoca-Cola North America (Atlanta, GA)

Richard EisertPartnerDavis & Gilbert LLP (New York, NY)

Lesley FairSenior Attorney, Bureau of Consumer Protection Federal Trade Commission(Washington, DC)

Debra FreemanSenior Partner/Assistant General CounselJWT (New York, NY)

Peter GlassSenior Attorney, MarketingUnilever (Englewood Cliffs, NJ)

Linda GoldsteinPartnerManatt, Phelps & Phillips (New York, NY)

Michael GrazioVice PresidentWorldwide Marketing CounselMasterCard Worldwide (Purchase, NY)

Anne GuinanGeneral CounselJavelin Direct, Inc. (Irving, TX)

Michael HauserAssistant General CounselTurner Broadcasting, Inc. (Atlanta, GA) (invited)

Nick JohnsonPartner, Osborne Clarke (London, UK)

Gabriel KarpSVP, General CounselePrize (Pleasant Ridge, MN)

Candice KershPartnerFrankfurt Kurnit Klein & Selz (New York, NY)

James KohmAssociate Director, Division of Enforcement Federal Trade Commission(Washington, DC)

David MallenAssistant DirectorNational Advertising Division (New York, NY)

Douglas MastersPartnerLoeb & Loeb LLP (Chicago, IL)

Alberto Berton Moreno Jr.PartnerSena & Berton Moreno (Buenos Aires, Argentina)

Brian MurphyPartnerFrankfurt Kurnit Klein & Selz (New York, NY)

Carla OakleyPartnerMorgan Lewis & Bockius LLP (Fairfield, CT)

Kathryn Barrett ParkTrademark CounselGeneral Electric (Fairfield, CT)

Randal ShaheenCounselArnold & Porter LLP (Washington, DC)

Brad SeilingPartnerManatt, Phelps & Phillips (Los Angeles, CA)

Chrysse SpathasDirector, Commercial StandardsABC, Inc. (New York, NY) (invited)

Teigue ThomasAssociate General CounselGateway, Inc. (Irvine, CA)

Candace ThurmondDirector – Legal Home Depot U.S.A., Inc. (Atlanta, GA) (invited)

Kelly TullierVice President, General CounselFrito-Lay (Dallas, TX)

Ronald Urbach PartnerDavis & Gilbert LLP (New York, NY)

Po YiPartnerLoeb & Loeb LLP (New York, NY)

co-chairs:James D. TaylorPartnerLoeb & Loeb LLP (New York, NY)

Andrew SacksLegal DirectorDell, Inc. (Round Rock, TX)

Here is a list of faculty that will be speaking at this year’s Advertising Law conference…

Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw10

distinguished faculty

speakers:

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At Loeb & Loeb LLP, we value every approach, every detail and every matter. With one of the preeminent entertainment law practices in the worldand a nationally recognized advertising and promotions practice, Loeb & Loeb brings dynamic experience that is unmatched in the industry. Inparticular, we add value to our clients with our significant experience in the following areas: Advertising and Promotions; Branded Content;Entertainment and Media; Intellectual Property Litigation; Trademark Clearance and Portfolio Management; and Merchandise Licensing. We adviseFortune 500 companies, advertising and promotions agencies, public relations firms, entertainment and media companies, direct marketers and other

clients with respect to all aspects of their advertising, marketing and promotional activities, providing transactional, regulatory and dispute resolution assistance.Specifically, we negotiate and draft agreements, such as talent, music and production; clear advertising and substantiation materials; draft rules and review collateralmaterials for sweepstakes and other promotions; assist in litigation and other dispute resolution; provide counsel for brand integration efforts; and review direct-to-consumer marketing materials for regulatory compliance (direct mail, e-mail, and other marketing). It all adds up to the bottom line: LOEB & LOEB adds Value.For more information, please visit www.loeb.com.

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Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/advertisinglaw 11

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documentation sponsorSince structuring the deal for theoriginal radio “soap opera” – the first

advertiser-created content broadcast program — Davis & Gilbert has been thepreeminent law firm for all issues relating to advertising and marketingcommunications. The firm’s lawyers serve as counsel to many majorcorporations, including some of the world’s leading brands, the largestadvertising agency holding companies, and independently-owned marketing andcommunications services companies of all sizes and types. www.dglaw.com

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advertising law

National AdvancedCorporate Counsel Forum on

Expert legal solutions and strategies for new advertising,marketing, and media law challenges

American Conference Institute’s

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December 11-12, 2007 | The Westin, Times Square, New York, NY

Interactive Workshops –Monday, December 10, 2007

9:00 am – 12:00 pmManaging the ComplexAgency/Client Relationship —Expect More, Get More, and be Ready for Anything

1:00 pm – 4:00 pmMaster Class on NegotiatingWin/Win Sponsorship andEndorsement Deals

787L08.DG