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20th National Advanced Corporate Counsel Forum on Advertising Law

Loeb & Loeb LLP is proud to be a sponsor of ACI's 20th National Advanced Corporate Counsel Forum on Advertising Law, which will feature Loeb Partners Jim Taylor (conference co-chair) and Doug Masters.

From the conference site:
In light of the FTC’s testimonial guideline revisions, recent text message/sweepstakes litigation, and the CARU guidelines, there are many new developments 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 is your responsibility to follow their lead and counsel your clients on issues such as ensuring information security, advertising on social 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 your industry faces. This year’s conference promises to be refreshingly different, with new speakers, new companies, and will offer a real hands 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

Agenda Highlights

Tuesday, December 11, 9:15 AM - Avoiding Third-Party Liability While Continuing to Reap the Benefits of User Generated Content

Panel Moderator: Doug Masters, Partner
Loeb & Loeb LLP

Panelists: Daphne Keller, Senior Products Counsel
Google, Inc.

Peter Glass, Senior Attorney, Marketing

Carla Oakley, Partner
Morgan Lewis & Bockius LLP

  • Applying real world federal and state regulations to cyber-world social networking practices
  • Ensuring optimal exposure and protection for the company when structuring deals in this space
  • How online communities are driving commerce; identifying what the risks are
  • Assessing whether obtaining online immunity under the Communications Decency Act is an appropriate business/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

Wednesday, December 12, 9:15 AM - Leveraging Rights and Maximizing Bargaining Power When Negotiating the Agency/Client Agreement

Panelists: James D. Taylor, Partner
Loeb & Loeb LLP

Candace Thurmond, Director - Legal
Home Depot U.S.A., Inc. (invited)

Gabrielle Davis, Assistant General Counsel
The Interpublic Group of Companies, Inc. (invited) 

  • Incorporating points from the initial handshake deal into a comprehensive agency/client agreement
  • Identifying common sticking points and being armed with creative negotiation tactics
    • determining how the agency should be compensated
    • deciding who retains ownership of rejected materials
      • being prepared for burgeoning issues that may be unanticipated at the outset of the deal
      • non-advertising use of advertising concepts and other materials that are atypical for creation by advertising agencies ( 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