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Regulatory Summit for Advertisers and Marketers

Loeb & Loeb LLP is pleased to announce that Loeb partners will be speaking at the American Conference Institute's Regulatory Summit for Advertisers and Marketers.

From the ACI site:
Companies that advertise goods and services can find themselves subject to government investigations and millions of dollars in fines and penalties for violating federal and state regulations. This applies especially to companies that target children with their advertisements, make results claims about their products or are currently mounting green initiatives. Regulatory bodies such as the FTC, FCC, and state consumer enforcement divisions are turning a critical eye toward potential violations and violators.

The expansion of behavioral and viral marketing and inception of new social networking sites, high-tech branding efforts, and interactive brand integration have created new areas of liability overnight. Additionally, wireless communications is an ever growing medium that falls under the purview of several federal regulatory agencies; however, understanding the FTC’s willingness, ability and current activity in this area of regulation is critical for anyone engaging in wireless advertising efforts.

Whether you have attended American Conference Institute’s Advertisers’ & Marketers’ Regulatory Summit before or if this will be your first ACI conference, you are sure to benefit from our updated, highly constructive and valuable panels. As always, this program is specially tailored to offer the very best of hands-on sessions and materials that you can apply directly to your practice. This year, we are introducing new faculty members from well-recognized positions within the regulatory agencies and industry critical self regulatory bodies as well as key advertisers and advertising companies, who are poised to bring you fresh perspectives on developments in:

  • Judging the importance FTC’s recent settlements and key holdings
  • Advanced procedures in building compliance systems
  • Preventing unnecessary liabilities thought advanced claim substantiation
  • Managing the complexities presented by national advertising campaigns
  • Improving the quality and value of communications between your clients and regulatory agencies

Agenda Highlights

Monday, June 16, 1:00 PM - Pre-Conference Workshop - Unlocking the Complexities of the Doctrine of Substantiation

Annie Ugurlayan, Senior Staff Attorney, National Advertising Division
Peter C. Marinello, Director, Electronic Retailing Self-Regulatory Program, National Advertising Review Council

This crash course will provide you with an in-depth analysis of the doctrine of substantiation. This intensive course will equip you with critical skills to assist you in overcoming complex issues within implied claims, comparative claims, consumer data collection and scientific testing. This is an open forum discussion, where questions and comments will be encouraged. If you are a seasoned representative this is a great means of enhancing your skills and if you are new to the industry we will bring you up to speed on the following issues:

  • Mapping the legal and regulatory substantiation landscape among:
    • the FTC
    • the State Attorneys General
    • the self regulatory agencies
  • Determining whether claims require substantiation
    • establishing a process for review
  • Do you have a “reasonable basis”?
    • identifying key co-agency regulated products and industries
    • utilizing expert testimony, extrinsic evidence, tests and studies
    • distinguishing issues among challenging express and implied claims
    • discriminating the complexities of intended and unintended messages
  • Identifying key statistical techniques and pitfalls of comparative claim substantiation
    • employing a partial frame examining Litton Industries
    • projecting to a finite population using a non-probability sample examining “Triumph Beats Merit”
    • using the sampling unit as the analytical unit examining the Brand “X” decision
    • properly representing the type of test used and reporting partial results
    • the dangers of juggling the “no preference”, “don’t know” and “about the same groups”
    • paired comparisons the dangers of using an incorrect model
    • using triangular tests to eliminate segments of the population who “cannot discriminate” before paired comparison tests are made
  • Determining potential liabilities when inviting user generated content
    • ensuring that advertising claims on user generated and social networking sites are substantiated
  • Relying on humor to avoid making a claim the differences in puffery and parody
    case studies regarding humor