2015 Advertising and Privacy Law Summit

Kelley Drye Seminar

June 11, 2015

Please join Kelley Drye & Warren LLP on June 11, 2015 for our annual advanced seminar on key issues in advertising, privacy, and consumer protection law. This year, tracking policy and enforcement trends, we will address how these issues arise within the backdrop of the Internet of Things. We invite you to join top government policy-makers, industry thought-leaders, and marketing and privacy law specialists at the House of Sweden to examine the latest issues, risks, and opportunities.

For more information, please email Summit@​kelleydrye.​com.

Keynote Speaker:
Jessica Rich, Director, Federal Trade Commission’s Bureau of Consumer Protection

House of Sweden
2900 K Street NW
Washington, DC 20007

Thursday, June 11, 2015
Registration - 8:00 a.m.
Program - 8:30 a.m.
Lunch - 12:00 p.m.
Reception - 5:00 p.m.

Hotel availability in Georgetown is very limited during this time so please make your reservations early. The following hotels have a small number of rooms available June 10-12:

Capella DC - $350/night - 1050 31st Street NW Washington, DC 20007
Please call 855.922.7355 and request the rate for Kelley Drye & Warren LLP

The Graham Georgetown - $279/night - 1075 Thomas Jefferson Street NW Washington, DC 20007
Please call 855.341.1292 and provide this Booking Code KDWES

CLE Credit Opportunity:
This program will provide NY and CA CLE credit. We will apply for CLE credit in other jurisdictions, upon request, but cannot guarantee approval. If you are interested in applying to receive CLE credit, please include your desired jurisdiction and your bar registration number when you register. In accordance with the requirements of the New York State CLE Board, this non-transitional CLE program is not approved for newly-admitted attorneys within the first two years of admission to the Bar.


General Sessions:

Opening Remarks
Christie Thompson will share her comments on the current landscape of consumer protection law and what attendees can expect during the Summit.

Keynote – Introduction by Dana Rosenfeld
Jessica Rich, Director of the FTC Bureau of Consumer Protection, will discuss key FTC consumer protection and privacy enforcement and policy priorities.

Avoiding Pitfalls with the Free Trial and Other Offers Consumers Can’t Refuse
Katie Harrington-McBride
, Principal Counsel, Corporate Legal Privacy, The Walt Disney Company, Andrew Hall, Corporate Counsel, DISH Network, and Alysa Hutnik will discuss emerging red flags in advertising free trial periods, bundled services, and initial price discounts, and practical pointers to avoid generating consumer complaints that can lead to regulatory scrutiny.

Let’s Get Them Talking: Generating Buzz Through Reviews, Social Media, and Promotions
Companies are increasingly turning to non-traditional methods of advertising to generate buzz. Although these methods can be effective at capturing the attention of consumers, they can also result in unwanted attention from regulators. Gonzalo Mon will help you differentiate the techniques that may increase revenue from the techniques that result in increased legal fees.

We’ll Need a Study (or Two): The Art of Claim Substantiation
You need the right type of substantiation to satisfy regulators and fight off litigants who question your claims. But how much is necessary, what type, and how to be sure it makes the grade? Rosemary Orr, Associate General Counsel — Marketing, Unilever N.V. will discuss the science and art of claim substantiation and provide practical tips.

You Can’t Say That: Competitor Challenges at the NAD
What to watch out for at the NAD, how to protect your own advertising, and address competitors’ false claims. John Villafranco will discuss the highlights of NAD’s decisions over the past year.


WTF (When Things Fail): Tips for Successful Crisis Management
Karen Doyne, Managing Director and Leader, U.S. Crisis Practice, Burson-Marsteller

Birds of a Feather: Practical Considerations in Rolling Out Smart Devices Simultaneously in Europe and the United States
Dana Rosenfeld and Ruth Boardman, from our EU Partner firm Bird & Bird, will discuss key data privacy and information security issues to consider when launching a smart device in both the EU and U.S.

Washington View: Congress Takes an Interest
Jeff Farrah, Counsel, Committee on Commerce, Science and Transportation, United States Senate will provide tips on responding to an inquiry by Congress and forecasting consumer protection legislation.

The Perfect Storm: Strategies for When Regulators and Plaintiffs Pile On
Ilona Korzha, Counsel, Sprint, Cecelia Prewett, Senior Vice President, SKDKnickerbocker, and Bill MacLeod will discuss strategies for turbulent times.

Concurrent Breakouts:

Wearing Your Technology on your Sleeve: Considerations for Health / Fitness Apps and Wearables
From the Apple watch and other wearable devices to thousands of smart phone apps, the use of health and fitness data continues to create concerns and opportunities. Provides an update on these popular tools and key marketing and privacy considerations.

Balancing Innovation and Enforcement Risks: Issues that Raise Red Flags
Mark Eichorn, Assistant Director, FTC Bureau of Consumer Protection’s Division of Privacy and Identity Protection (DPIP) will discuss how innovative technologies reframe the discussion on data security and what this may mean for enforcement priorities.

It’s Personal: Workplace Privacy Issues
Employers increasingly face the challenge of balancing data security with employee privacy rights. Mark Konkel and Barbara Hoey will discuss key questions employers face when balancing obligations to their business and employees.

Project Product Recall: Snafus to Avoid When Evaluating Potential Safety Issues
Christie Thompson
will discuss mistakes to avoid when establishing a product safety compliance program.

Preventing an Identity Crisis: Best Intellectual Property Practices for the Digital Age
Andrea Calvaruso will discuss some of the top IP issues that brand owners face as social media and other digital platforms become increasingly more integral to the promotion and sale of goods and services.

The TCPA Thicket: Have We Seen the Worst Yet?
With the FCC poised to take significant action on long-pending petitions this month, how will TCPA risks for companies change? Lauri Mazzuchetti will discuss the FCC developments, and a forecast for their effect on TCPA litigation going forward.

Stirring the Pot: Food Litigation Update
Provides an update concerning recent litigation developments and trends in the food and beverage space.

Closing the Summit
Christie Thompson
will conclude the event by reflecting on key takeaways from the day.

Cocktail Reception

Guest Speakers:

Ruth Boardman, Head of International Privacy and Data Protection Group, Bird & Bird

Karen Doyne, Managing Director and Leader, U.S. Crisis Practice at Burson-Marsteller

Jeff Farrah, Counsel, Committee on Commerce, Science and Transportation, United States Senate

Andrew Hall, Corporate Counsel, DISH Network

Lee Peeler, President and CEO of the National Advertising Review Council (NARC) and Executive Vice President, National Advertising Self-Regulation, Council of Better Business Bureaus (CBBB)

Cecelia Prewett, Senior Vice President, SKDKnickerbocker

Jessica Rich, Director, FTC Bureau of Consumer Protection

Kelley Drye Faculty:

Andrea Calvaruso, Chair of Kelley Drye’s Trademark and Copyright Practice; Leading Trademark and Copyright practitioner ranked by Chambers USA, Legal 500 and Super Lawyers; Chair of the Copyright and Literary Property Committee of the New York City Bar Association

Barbara Hoey, Chair of Kelley Drye’s Labor and Employment Practice

Alysa Z. Hutnik, Leading Privacy and Data Security practitioner as ranked by Chambers USA, Chambers Global, and Law360; Council Member, ABA Section of Antitrust Law (SAL); CIPP/US Certified

Mark Konkel, Employee Privacy Litigation expert

William C. MacLeod, Former Director of the FTC Bureau of Consumer Protection; 2013 Best Lawyers D.C. Advertising Lawyer of the Year; Former ABA SAL Consumer Protection Officer; 2015 ABA SAL Vice Chair

Gonzalo E. Mon, 2012 Best Lawyers D.C. Advertising Lawyer of the Year

Dana B. Rosenfeld, Chair of Kelley Drye’s Privacy and Information Security Practice; Leading privacy and data security practitioner as ranked by Chambers USA, Chambers Global; Former Assistant Director of the FTC Bureau of Consumer Protection

Christie Grymes Thompson, Chair of Kelley Drye’s Advertising and Marketing and Consumer Product Safety Practices; Past Chair, ABA SAL, Consumer Protection Committee

John E. Villafranco, Chair, ABA SAL, Advertising Disputes & Litigation Committee; 2011 Best Lawyers D.C. Advertising Lawyer of the Year; Co-Editor of the ABA’s Consumer Protection Law Developments treatise