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22nd National Advanced Corporate Counsel Forum on Advertising Law (Responding to Government Investigations and Enforcement Actions)

Loeb & Loeb LLP is proud to be a sponsor of ACI's 22nd National Advanced Corporate Counsel Forum on Advertising Law, which will feature Loeb Partner Michael Zweig.

From the conference site:
Advertisers and marketers are trying to find novel ways to connect with consumers by utilizing new media, new advertising platforms and new types of claims to get their message heard and their products noticed. While these cutting-edge strategies and techniques have the potential to revolutionize advertising, they also pose serious regulatory and legal risks. In-house counsel for brand companies, marketers, advertising agencies and outside counsel not only need to know what the new advertising trends are, they need to know how to prevent government scrutiny, avoid consumer litigation and protect their IP assets when following these trends.

American Conference Institute’s 22nd National Advanced Forum on Advertising Law has been designed to provide the high-level, in-depth information you need to best represent your clients as the advertising landscape evolves. Going beyond simply identifying trends, this conference provides practical tips and strategies for avoiding legal and regulatory pitfalls associated with advertising campaigns that push the envelope. Our faculty of experienced counsel from a diverse, cross-section of industries will provide specifi c and detailed information you can use in your everyday practice. Learn how other companies are:

  • Utilizing decisions in recent claim substantiation cases to bolster substantiation procedures
  • Reaching common ground on agency compensation in agency/client agreements
  • Drafting rules for contests and sweepstakes
  • Contracting with third-party service providers who collect information for behavioral marketing
  • Keeping federal and state regulators at bay
Agenda Highlight

Tuesday, January 27, 3:45 PM - Responding to Government Investigations and Enforcement Actions

Panelists:

Jeffrey Smith, VP Legal & Deputy General Counsel, Comcast Cable Communications Inc (Philadelphia, PA)

David Graff, General Counsel, Epic Advertising (New York, NY)

Ian D.Volner, Partner, Venable LLP (Washington, DC)

Michael P. Zweig, Partner, Loeb & Loeb LLP (New York, NY)

  • Keeping regulators at bay
    proactive due diligence
    managing high, moderate, and low level risks
    mitigating liabilities in high risk marketing practices
    requests for advisory opinions
  • Recognizing the types of activities that will trigger an investigation so they can be avoided
  • Identifying the purpose and meaning of FTC letters and requests
    • informal letters from the FTC staff
    • formal CIDs and subpoenas
    • ex parte TROs and asset freezes
  • Interacting with government enforcers
  • Mastering the challenges of parallel proceedings
    • consecutive federal regulatory actions (FDA, EPA)
    • concurrent state actions – AGs and “working groups”
    • successive private suits and class actions
    • coincident criminal inquiries
  • Understanding the implications of case outcomes and venues
    • no action: closing letters and document disposal
    • settlements: costs, benefi ts and other considerations
    • administrative versus federal court litigation