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Advertising Law: What's New for 2013 and Beyond?
   LIVE Webcast  


Event Details:                                                                                                                                                          

With today’s stringent competition in advertising, marketers view online media as an avenue to effectively promote their products. And today, as they continuously search for ways to connect with their clients using this medium; they too have conquered the world of blogs and social media. But even this modern and easy way of advertising can bring you down.

Join this LIVE webcast and hear it from our panel of experts! This two-hour session will tackle the most significant advertising issues in using online media. This will also cover the following: (1) False advertising claims associated in online advertising; (2) Legal considerations with respect to advertising in online media; and (3) best practices that can help your company avoid potential and costly pitfalls.

The panel will also be available to answer questions and illuminate the latest regulations for participants.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Advance Preparation: Print and review course materials
Course Code: 124327
Recording Fee: $299 (Please click here for details)


Featured Speakers for Advertising Law: What's New for 2013 and Beyond? LIVE Webcast :

Agenda  (click here to view more)

Lesley Anne Fair, Senior Attorney, Bureau of Consumer Protection,
Federal Trade Commission

  • • Incorporating social media in your marketing: Tips for avoiding legal hot water
  • • The FTC’s revised Enforcement Guides: A survey of recent law enforcement actions – and special considerations when using bloggers in ad campaigns
  • • Consumer privacy considerations when using social media

Lawrence I. Weinstein, Partner,

  • • Important new Lanham Act false advertising developments and decisions
  • • Important new Consumer Class Action deceptive advertising developments and decisions

Scott W. Pink, Special Counsel ,
DLA Piper

  • • Discussion of the evolving standards of liability relating to advertising using blogs and social media sites:
    • o What is the standard used to determine an advertiser’s liability for false advertising claims based on a blog post or social media postings?
      • - Discuss general standards of liability and how they apply or may different in online or social media – this focuses not so much on the elements on liability but when is a claim attributed to the advertiser itself.
      • - Discuss recent Facebook decision in Australia and whether a similar standard is likely to occur in the US.
    • o What is the scope of an advertiser’s immunity from false advertising claims under the Communications Decency Act for blog posts from third parties?
      • - Discuss Quizno’s/Subway case
      • - Discuss recent NY decision regarding CDA immunity as well as other relevant cases.
    • o What material can an advertiser use from social media and blog posts in their own advertising?
      • - Discuss right of publicity and intellectual property concerns.
  • • Practical Steps to mitigate risk and liability
    • o What are an advertiser’s obligations to monitor and remove blog posts to avoid liability for false advertising?
    • o What steps should an advertiser take to ensure that blogs and blog posts comply with the FTC Testimonial Guidelines?
      • - When do user posts regarding a company’s products or services become an endorsement or testimonial attributable to that company?
      • - What obligations do companies have to monitor posting to ensure compliance with such guidelines?
      • - Discuss some example cases such as the NAD’s action with respect to Nutrisystem’s use of Pinterest

Sarah Butler, Vice President,
NERA Economic Consulting

  • • How to measure false advertising – survey basics
    • - Who survey
    • - What to show respondents
    • - What is an appropriate control
    • - What to ask
    • - How to analyze the data
  • • How do methods and approaches differ because we are looking at blogs and social media?
  • • Some key or interesting cases that used surveys or consumer data

Janet Cullum , Partner,
Cooley LLP

Trademark, Copyright and Rights of Privacy and Publicity for Bloggers
  • • Trademark and Copyright Issues
    • - Linking
    • - Fair Use
    • - Secondary Liability
  • • Rights of Privacy and Publicity
    • - Use of Celebrity Names, Images, Personas
    • - Public Disclosure of Private Facts
    • - First Amendment Protections

Federal Trade Commission
Lesley Anne Fair
Senior Attorney, Bureau of Consumer Protection
speaker bio »»

Lawrence I. Weinstein
speaker bio »»

DLA Piper
Scott W. Pink
Special Counsel
speaker bio »»

NERA Economic Consulting
Sarah Butler
Vice President
speaker bio »»

Cooley LLP
Janet Cullum
speaker bio »»

Who Should Attend?

- Attorneys
- In house Lawyers
- Outside Counsel
- Advertising Lawyers
- Legal Officers
- Marketing & Advertising Directors
- Brand Managers
- Marketing Executives
- Advertising Professionals
- Marketing Professionals
- Entertainment/Media Professionals

Why Attend?

This is a must attend event for anyone interested in understanding significant issues in advertising online.

- New guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Be in the know! Click the “register” button below as space is limited. Significant discounts are available for early registrants.

Registration Information:                                                                                                                                    

(Click here for information on group registrations and discounts)

Please note, the event date is firm although it may be subject to change. Please click here for details.
The Knowledge Group, LLC is producing this event for information purposes only. We do not intend to provide or offer business advice. The contents of this event are based upon the opinions of our speakers. The Knowledge Congress does not warrant their accuracy and completeness. The statements made by them are based on their independent opinions and does not necessarily reflect that of The Knowledge Congress' views. In no event shall The Knowledge Congress be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages as a result of any information gathered from this webcast.

















Advertising Law: What's New for 2013 and Beyond?
LIVE Webcast
Speaker Firms and Agency:

Federal Trade Commission

Proskauer is a global law firm advising clients worldwide from offices in Beijing, Boca Raton, Boston, Chicago, Hong Kong, London, Los Angeles, New Orleans, New York, Newark, Paris, São Paulo, and Washington, DC. The firm has broad experience in all areas of practice important to businesses, not-for-profit institutions and individuals.

The partners in our False Advertising practice litigate false advertising cases in federal and state courts and before the NAD and NARB, with a stellar track record in both jury and non-jury cases, and counsel clients on advertising substantiation law and strategy every day. They bring to these tasks a deep understanding not only of the law, but also of scientific test methods, statistics and consumer surveys.

Proskauer’s experience and sophistication in the False Advertising area is unparalleled. Chambers USA, US Legal 500 and US News-Best Lawyers consistently rank our capabilities as Band One, with the group’s co-heads, Brendan O’Rourke and Larry Weinstein, receiving top rankings individually as well.

In the US, DLA Piper represents many of the world’s leading companies across industries, as well as emerging businesses, financial institutions and professional firms. We offer legal counsel on a wide range of issues in every major business, financial and technology center in the US, where our lawyers have both local and national experience. Globally, we have 4,200 lawyers in 31 countries, enabling us to offer our clients comprehensive cross-border counsel wherever they need us.

NERA Economic Consulting

NERA Economic Consulting ( is a global firm of experts dedicated to applying economic, finance, and quantitative principles to complex business and legal challenges. For over half a century, NERA’s experts have been creating strategies, studies, reports, expert testimony, and policy recommendations for government authorities and the world’s leading law firms and corporations. We bring academic rigor, objectivity, and real world industry experience to bear on issues arising from competition, regulation, public policy, strategy, finance, and litigation.

Cooley LLP is an international law firm for the converging worlds of technology, finance and high-stakes litigation. Our attorneys are counselors, strategists and advocates to the foremost private and public companies. As one of the leading litigation practices in the country with many seasoned trial lawyers, we frequently argue and win precedent setting cases. The Firm’s business and litigation practices reach across a broad array of dynamic industry sectors, including technology, life sciences, clean tech, real estate, financial services, retail and energy. With 650 attorneys throughout the United States and in Shanghai, Cooley has the range and expertise to help companies of all sizes seize opportunities and secure their successes around the world.


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