Advertising and Privacy Law Summit

Kelley Drye Seminar

June 12, 2014

On June 12, 2014, the nation’s premier advertising law practice convened top government policy-makers, industry thought-leaders, and marketing law specialists from the most successful U.S. companies for an advanced seminar on key issues in advertising, privacy, and consumer protection law. We are honored that Jessica Rich, director of the Bureau of Consumer Protection at the Federal Trade Commission was the keynote speaker.

Please join us at the House of Sweden in the heart of Georgetown, as a guest of the Advertising, Marketing & Privacy Practice Group of Kelley Drye & Warren LLP, as we examined the most pressing issues affecting companies’ legal obligations and risk exposure. Top practitioners on both sides of enforcement presented new ideas and innovative thinking, and engaged in sophisticated dialogue with advertising, marketing, and privacy law professionals from leading U.S. corporations.

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

Registration - 8:00 a.m.
Program - 8:30 a.m.
Lunch - 12:00 p.m.
Reception - 5:00 p.m.

Hotel availability in the greater Georgetown area is very limited during this time so please make your reservations early. The following hotels have a small number of rooms available June 11-13:

Ritz Carlton Georgetown - $369/night - (202) 912-4100
Please call (800) 241-3333 and request the rate for Kelley Drye & Warren LLP
Avenue Suites - $250/night - (202) 333-8060
Please call (888) 874-0100 and provide this code: 94456

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 the challenges and opportunities facing companies in an ever-competitive environment.

Keynote – Introduction by Jodie Bernstein
Jessica Rich,
Director of the FTC Bureau of Consumer Protection, will discuss the latest on policy and enforcement.

What’s in a Claim? Exploring the Concept of Consumer Meaningfulness
The claims in your ads might be statistically significant, but what does that really mean to consumers? How do you evaluate the importance of consumer meaningfulness in claim substantiation.

Planet of the Apps: How Mobile Applications, Platforms, and Payments are Changing the Face of Consumer Protection
Mobile applications, platforms, and payment options are evolving quickly, providing consumers both entertainment and convenience. Behind the scenes, they also involve a variety of business partners and vendors working together to make a seamless experience for the consumer. In this session, Alysa Hutnik will explore the evolving legal framework and best practices for businesses engaged in the mobile ecosystem.

Everything Right is Wrong Again: Is the Self-Regulatory Arena Still a Viable Option
Even though the number of new filings before the NAD has skyrocketed, companies are increasingly seeking other means to resolve advertising disputes. John Villafranco will discuss the pros and cons of the self-regulatory process, the fallout of participating (or not) in that process, and potential alternative avenues for resolution.

A View from the Trenches: Hot Topics in Class Action Litigation
Lauri Mazzuchetti
and Edward Broderick will discuss current issues and trends in consumer protection litigation, including class actions involving TCPA and natural” claims.

Concurrent Breakouts:

CFPB: Five Things to Know Even If You’re Not A Bank
The newest federal agency in town continues to flex its regulatory muscle and financial institutions are not its only target. Dana Rosenfeld will navigate the CFPB’s expansive view of its jurisdiction and what it means for all businesses.

Inside Endorsements: Talents’ Concerns and Advertisers’ Areas of Focus
Celebrity endorsements can be great for brand and celebrity alike, but they also can be trouble.

A Recipe for Disaster: Hot-Button Issues for Food and Dietary Supplements that are Stirring Up Controversy
Hot topics in food and dietary supplement labeling and advertising will be discussed, including the FDA’s proposed revisions to food labeling, FDA’s new policy requiring Investigational New Drug Applications to be filed for clinical research studies examining the effects of foods, dietary supplements, and other not drug” products, industry initiatives, how certain ingredients can lead to public relations fiascos, and what companies can expect on the legislative and regulatory front.

Litigating Beyond the Contract: Deception and Fraud Claims as Causes of Action between Business Partners
Companies should often look beyond the contract” when litigating consumer protection-type claims in a business-to-business context. In this session, Joseph Boyle and David Zalman will discuss the pitfalls that arise from raising only contract-based claims or defenses in business litigation, and discuss the deception, fraud, and trade practice laws that businesses should be mindful of when determining a litigation strategy.

General Sessions:


Matt Silverman, Editorial Director of Mashable

HAL 9000 Returns: Exploring Top Considerations for the Internet of Things
Open the refrigerator door, HAL.” I’m sorry Alysa, I can’t do that.” Moderated by Alysa Hutnik, this panel will probe the privacy and data security landscape of the Internet of Things, from smart home appliances to Internet-enabled wearable technology. Maneesha Mithal, Associate Director of the FTC’s Division of Privacy and Identity Protection, and Justin Brookman, Director of the Center for Democracy and Technology’s Project on Consumer Privacy, will discuss the practical issues of an ever-connected environment.

Blurred Lines: Legal Issues in Endorsements and Native Advertising
Just because something doesn’t look like an ad doesn’t mean that advertising laws don’t apply. In this session, Gonzalo Mon will help businesses understand the issues in native advertising, endorsements, and testimonials so that they can stay on the right side of the line.

Attorneys at the Top: Insights from the Commissioners’ Advisors
John Villafranco
will lead Aaron Burstein, Attorney Advisor to FTC Commissioner Julie Brill; Anna Davis, Attorney Advisor to FTC Commissioner Maureen Ohlhausen; Elizabeth Delaney, Attorney Advisor to FTC Commissioner Joshua Wright; Christine Lee DeLorme, Attorney Advisor to FTC Commissioner Terrell McSweeny; and Janis Kestenbaum, Attorney Advisor to FTC Chairwoman Edith Ramirez in a discussion of the enforcement priorities in each of their offices for advertising, privacy, and consumer protection, both in the near and long term.

Moving Towards the Close: Resolving FTC and State Investigations
When the FTC or State Attorneys General come knocking on your door, most companies don’t know how to take the first step. Bill MacLeod, and Dana Rosenfeld will address red flags that are raised by consumer complaints, the questions that every company should be asking at the outset, and the objectives when moving towards closing an investigation.

Georgetown Cubes
In this interactive game-show style presentation, Kelley Drye associates will cover an assortment of consumer protection, advertising, and privacy–related issues.

Closing Remarks
Lew Rose
will conclude the day by reflecting on key take aways from the day’s presentations.

Cocktail Reception

Guest Speakers

Edward Broderick, Attorney, Broderick Law P.C.

Justin Brookman, Director, Center for Democracy and Technology’s Project on Consumer Privacy

Aaron Burstein, Attorney Advisor, FTC Commissioner Julie Brill

Anna Davis, Attorney Advisor, FTC Commissioner Maureen Ohlhausen

Elizabeth Delaney, Attorney Advisor, FTC Commissioner Joshua Wright

Christine Lee DeLorme, Attorney Advisor to FTC Commissioner Terrell McSweeny

Janis Kestenbaum, Attorney Advisor, FTC Chairwoman Edith Ramirez

Maneesha Mithal, Associate Director, FTC Division of Privacy and Identity Protection

Jessica Rich, Director, FTC Bureau of Consumer Protection

Matt Silverman, Editorial Director, Mashable

Kelley Drye Faculty

Joseph A. Boyle, Former Kelley Drye New Jersey Office Managing Partner; listed in Irish Legal 100, 2011-2013

Alysa Z. Hutnik, Law360 Rising Privacy Star; Past Chair, ABA Section of Antitrust Law (SAL), Privacy and Information Security Committee

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

Lauri A. Mazzuchetti, Kelley Drye New Jersey Office Managing Partner; New Jersey Super Lawyers’ Rising Star

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

Dana B. Rosenfeld, Chair of Kelley Drye’s Privacy & Information Security Practice; Former Assistant Director of the FTC Bureau of Consumer Protection

Christie Grymes Thompson, Chair of Kelley Drye’s Advertising & 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; Past Chair, ABA SAL, Consumer Protection Committee

David I. Zalman, Kelley Drye litigation partner