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June 24, 2021
Frankfurt Kurnit’s Virtual Sixth Annual Advertising Law Summit
We fill your screen with thought leaders from the FTC, NAD, SAG-AFTRA and our own ranks to tackle the most challenging legal and business issues facing advertisers today. Our aim is to update you on the latest legal developments and provide practical insights you can use to help your marketing clients execute cutting-edge marketing campaigns with lower risk. We deliver up to 6 New York and California CLE credits.
FTC Advertising Year in Review
In our annual update on what’s going on at the Federal Trade Commission, we’ll talk about the most important advertising-related enforcement and other developments at the FTC. We’ll cover the FTC’s current enforcement priorities, FTC substantiation requirements, the use of endorsers and influencers, best practices for using consumer reviews, “made in USA” claims, environmental marketing, fast shipping and delivery claims, emerging concerns about “dark patterns,” the FTC’s continued focus on health claims, COVID-related enforcement, advertising agency liability, and a wide variety of other topics as well. Presenters Serena Viswanathan, Associate Director, Division of Advertising Practices, FTC and Jeffrey A. Greenbaum
Key Issues in AdTech Agreements
One hundred and thirty billion dollars in advertising was purchased programmatically in 2020. Software and algorithms are making buying and targeting decisions that were made via phone, fax, and email only five or ten years ago. Truthfully, very few people really understand how programmatic advertising works and where the pitfalls are. This panel will explore some of the key issues in programmatic advertising and the most important elements to get right in programmatic advertising agreements. Presenters: S. Gregory Boyd and Daniel Goldberg
Everything the Advertising Business Needs to Know About NFTs
Non-Fungible Tokens (NFTs), the latest cryptographic craze, have exploded into the world of media and entertainment, creating new markets and opportunities for advertisers, agencies, artists, investors and consumers. As the once obscure technology gains mass appeal and evolves into a mainstay of popular culture, companies and individuals are racing to jump aboard the NFT train, exploring whether and how they can leverage NFTs to connect with consumers, extract new value from existing and newly created intellectual property, and generate new revenue streams. Frankfurt Kurnit partners Jeremy Goldman and Hannah Taylor have been at the forefront of these issues, helping clients of all kinds on their token drops, platforms and projects. In this program, they will cover everything from what NFTs are and how they work, to the complex legal issues raised by this innovative technology. Presenters: Jeremy Goldman and Hannah Taylor
Bridging the Gap: Top Tips for Effectively Working with Marketing to Produce Cutting Edge Creative While Minimizing Legal Risk
In this session, a panel of Frankfurt Kurnit attorneys, based on years of combined experience working in the trenches with marketing teams on productions, will provide in-house counsel with tips to effectively navigate common and not-so-common production issues in order to produce the cutting edge creative that the company wants, while minimizing the risk of a legal claim. Topics include tips for preventing creative inspiration from crossing the line into infringement; influencing your influencers to avoid legal issues; navigating union issues in producing materials in a cost effective manner; avoiding trademark problems; lessons learned from producing during the time of COVID; and finally, because an ounce of prevention is worth a pound of cure, strategies and practices for training and opening lines of communication to avoid potential issues before they become problems. Presenters: Candice Kersh and Tiffany Caterina
Marketing Your Social Responsibility Cred
Many companies are embracing – and touting -- progressive values in their approach to racial justice, voting, work place equity, climate change, and more. How does a company prove its value-driven bona fides? How will the regulators and self-regulators evaluate whether a company is doing enough to justify its marketing message? This panel will explore both the advertising and employment issues that are embedded in companies’ social purpose branding. Presenters: La Toya Sutton, Attorney, National Advertising Division of BBB National Programs and Terri J. Seligman
Five Tips for Live Event Sponsorships In a Post-COVID World
Just as live entertainment events are starting to resume, we’ll discuss the top five lessons learned for brands, agencies, and event properties in structuring live event sponsorship deals in a post-pandemic world, including as it relates to force majeure terms and related contract remedies, payment terms, COVID compliance, and alternate sponsorship benefits. Presenters: Christopher Chase and Rayna Lopyan
The SAG-AFTRA Commercials Contract Unplugged
In this session we will have a conversation with Tracy Hyman, National Director and head of the Commercials Department at SAG-AFTRA, and pose the questions that inquiring business affairs execs and advertising lawyers are dying to ask about the industry’s most important collective bargaining agreement. Our topics will include the latest developments (including 2021 Influencer Waiver and Influencer Agreement, production protocols in the era of COVID, and the 2020 Low Budget Digital Waiver), as well as some perennial favorites. If you have any questions, please email them to us in advance! Presenters: Tracy Hyman, National Director at SAG-AFTRA, Brian G. Murphy and Dorian Slater Thomas
A roundup of sundry other topics (many of which were covered in the world’s greatest advertising law blog). Presenters: Matthew Vittone, Jordyn Eisenpress, and Kelly O'Donnell
New York CLE Credit: This program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 6 credit hours in Areas of Professional Practice. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).
California MCLE Credit: This program has been approved in accordance with the requirements of the California MCLE Board for a maximum of 6 General Participatory Credits. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).