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ACI 24th National Advanced Forum on Advertising Law Conference

Loeb & Loeb LLP is proud to sponsor the American Conference Institute's (ACI) 24th National Advanced Forum on Advertising Law, where partner's Tom Jirgal and Brian R. Socolow will participate on panels.  

From the conference website:

In an era where everything is moving toward the digital sphere, ensure your company remains competitive: get the information you need as companies turn to innovative and complex new marketing strategies.

Just 1% of your online fan base on Facebook and Twitter drives 20% of traffic to your website

Today’s advertisers look to social media technologies as innovative and effective ways to reach their targeted audience while also achieving branding and marketing communication goals. However, these mediums present a unique set of legal challenges for advertising lawyers. At American Conference Institute’s 24th National Advanced Forum on Advertising Law, you will have the opportunity to hear from leading executives, such as Anthony Wang, Legal Counsel for Twitter, who have successfully implemented a social media program as part of their advertising strategy.

Advertising Regulations are Constantly Changing – Stay Abreast of the Newest Developments

The FTC, FCC, and state Attorney Generals have shown a reinvigorated interest in investigating advertising claims and practices. At this conference, equip yourself with the necessary tools to advise you company on how to be compliant and competitive in the face of new modes of advertising. Hear directly from the FTC attorneys responsible for drafting the Green Guides, Endorsement Guidelines, the Online Behavioral Advertising Principles, and COPPA. And much more!

Selected Agenda

January 24, 11:05 - 12:00 - You Are What You Eat: Exploring the FTC’s New Requirements for Substantiating a Food-Related Claim

  • Reviewing recent FTC settlements with advertisers regarding food and health related claims
  • Bringing or defending food-related claims at the NAD
  • Analyzing the specific claims that have led to investigations and private actions
    • advertising to children
    • health and nutrition claims
    • continuing life of the Jelly Bean rule
  • Examining the enforcement triggers of the FTC, FDA and state Attorney Generals
  • Identifying targets for class actions and private causes of action
  • Dissecting the new standards for substantiating a food-related claim
    • study requirements
    • criteria used
  • Determining what companies need to do for front of package advertising
  • Extrapolating the implication of these new enforcement priorities on other industries advertising practices

Tom Jirgal, Loeb & Loeb LLP 
Timothy S. Ernst, Del Monte Foods
Leslie T. Krasny, Keller & Heckman LLP
Lewis Rose, Kelley Drye & Warren LLP

January 25, 1:45pm - 3:00pm - Maintaining Control, Bargaining Power, and Sanity When Negotiating Athlete and Celebrity Endorsement Deals

  • Understanding the nuts and bolts of talent and endorsement contracts
  • Structuring a morals clause that protects both parties
  • Getting approvals when the talent is a major star
  • Allocating union services in a multi-service contract
  • Negotiating with a union (i.e. Actor’s Guild, NFL Players’ Association)
    • anticipating what will happen in the event of a dispute with the union
    • resolving disputes with the union
  • Complying with the FTC endorsement guidelines
    • effectuating a clearer division between advertising and editorial content
  • Knowing when an athlete or celebrity is bad for your brand
    • using sales figures
    • legally dismissing the athlete or celebrity
    • what criteria is used?
    • legal arguments for getting out of an endorsement deal

Brian R. Socolow, Loeb & Loeb LLP
William Jelinek, The Estee Lauder Companies Inc.
David Schwab, Octagon First Call
Debra Shuwarger, William Morris Endeavor Entertainment