Day 1 - Tuesday, January 19, 2016

7:15
Registration Opens and Refreshments are Served
8:15
Opening Remarks from the Co-Chairs
8:30
Digital Marketing in a Connected World — How Everything Must Change to Stay the Same
9:00
Digital Privacy and Enforcement — PIPEDA Investigation Priorities
9:45
Programmatic Advertising and Big Data — Meet the Future of Online Marketing
10:30
Networking Refreshment Break
10:45
Online Behavioural Advertising (OBA) Guidelines
11:15
The AdChoices Program and Digital Advertising
11:30
The American Experience with Digital Advertising & Protecting Privacy
12:00
Panel Discussion: What Future for Digital Advertising?
12:30
Networking Luncheon for Speakers and Delegates
1:30
Marketing Online Using Talent, Endorsements and Sponsorship
2:15
Managing the Creative Relationship
3:00
Networking Refreshment Break
3:15
Damage Control and Brand Management — What to do When Things Go Wrong
4:00
Green Marketing
4:45
Closing Remarks from the Co-Chairs Conference Adjourns

Day 2 - Wednesday, January 20, 2016

8:15
Refreshments are Served
8:45
Opening Remarks from the Co-Chairs
9:00
Using Native Advertising and Endorsements in Online Campaigns
9:45
Update From the Competition Bureau
10:15
Networking Refreshment Break
10:30
Recent Pricing Cases and Performance Claims, Enforcement and Trends
11:30
The American Experience — Case Studies and Examples from the Federal Trade Commission
12:15
Networking Luncheon for Speakers and Delegates
1:15
CASL Update and Enforcement Trends — A Different Beast in 2016?
2:00
Modern Co-Marketing Partnerships — Loyalty Programs, Sponsorship and Other Third Party Arrangements
2:45
Networking Refreshment Break
3:00
Intellectual Property Meets Online Marketing
3:45
Interactive Marketing and Online User Engagement
4:30
Closing Remarks from the Co-Chairs Conference Concludes

Day 1 - Tuesday, January 19, 2016

7:15
Registration Opens and Refreshments are Served
8:15
Opening Remarks from the Co-Chairs

Bill Hearn
Partner
Fogler Rubinoff LLP

Maria Tesla
Vice President & General Counsel
Canon Canada Inc.

Keynote Address

8:30
Digital Marketing in a Connected World — How Everything Must Change to Stay the Same

Chantal Bernier
Counsel
Dentons LLP Former Interim Privacy Commissioner of Canada

9:00
Digital Privacy and Enforcement — PIPEDA Investigation Priorities

Brent Homan
Director General, PIPEDA Investigations
Office of the Privacy Commissioner of Canada

  • What marketing lawyers and professionals need to know about the Digital Privacy Act
    and shifting compliance priorities
  • Do marketers and their counsel need to worry about data breaches?
  • How do recent cases impact your day-to-day marketing practice?
  • Enforcement and investigation trends for 2016

9:45
Programmatic Advertising and Big Data — Meet the Future of Online Marketing

Albert Luk
Vice President, Legal and General Counsel
Jumbleberry Interactive Group Ltd.

  • How is data and advertising “bought and sold” for the online market
    • How does targeted advertising work?
  • Search engine optimization and other campaign targeting strategies
  • What is Big Data, and what does it mean for the future of online marketing?
    • The automation of targeted advertising
  • The growing role of data collection and predictive analytics and what this means
    for marketing spend and priorities
  • Changing methods of attribution in digital marketing — going beyond “last click” attribution

10:30
Networking Refreshment Break

Panel Discussion

10:45
Online Behavioural Advertising (OBA) Guidelines

Adam Kardash
Partner, Privacy and Data Management
Osler, Hoskin & Harcourt LLP

Todd Ruback
Chief Privacy Officer & VP Legal Affairs
Ghostery Inc.

Linda J. Nagel
President and Chief Executive Officer
Advertising Standards Canada

  • How has the regulatory climate for Online Advertising shifted in 2015?
    • Search Engine Optimization
    • Cookies, interest-based advertising, and other ways of targeting consumers
    • Opt-out requirements
  • Is Self-Regulation the answer? The Digital Advertising Alliance of Canada and the AdChoices Program
  • Real examples from recent cases and findings

11:15
The AdChoices Program and Digital Advertising

  • Get the most recent update from Advertising
    Standards Canada on how advertisers are
    complying with digital advertising regulation
  • The role of Advertising Standards Canada
    in program compliance, and trends for 2016

11:30
The American Experience with Digital Advertising & Protecting Privacy

Phyllis Marcus
Counsel
Hunton & Williams LLP

Dana Rosenfeld
Partner
Kelly Drye & Warren LLP (Washington)

  • How has data collection and digital advertising
    been regulated in the United States?

    • Self-Regulation vs. Legislation
    • Case studies illustrating the most current issues
  • What can Canadian Marketing Professionals
    learn from the American experience with
    self-regulation?

12:00
Panel Discussion: What Future for Digital Advertising?

Join our speakers to ask your most pressing questions
on digital advertising regulation and compliance
issues. Find out what they think will be in the pipeline
for 2016 and how you should prepare for what’s
to come!

Luncheon Speaker

12:30
Networking Luncheon for Speakers and Delegates

Aldo Cundari
Chairman & CEO
Cundari Group Ltd.

Author, “Customer-Centric Marketing:
Build Relationships, Create Advocates,
and Influence Your Customers”

Note: Only Sessions A below will be webcasted

Session A

1:30
Marketing Online Using Talent, Endorsements and Sponsorship

Kelly Harris
Associate
Miller Thomson LLP

  • Union agreements — Dealing with actors’
    and players’ unions
  • Avoiding risk when preparing talent or sponsorship agreements — what terms
    should be included?
  • How do you determine value for online endorsement and marketing agreements?
  • Managing liability for statements and representations
or
Session B

2:15
Managing the Creative Relationship

Kathleen Brown
Vice President & General Counsel
Omnicom Canada Corp.

Kelly Zalec
Senior Legal Counsel
Rogers Communications

Richard Sabbagh
Associate General Counsel, Advertising and Brand
Bell Canada

  • Handling communications between Creative and Legal — tips from seasoned practitioners
  • Making a “No” sound more like a “Yes” by offering creative solutions
  • How to discuss risk with your clients when a competitor has “gotten away” with something problematic
or
Session B

3:00
Networking Refreshment Break

Session A

3:15
Damage Control and Brand Management — What to do When Things Go Wrong

John Ratchford
Principal & General Counsel
Navigator Ltd.

James B. Musgrove
Partner, Co-Chair of Competition & Anti-Trust Group
McMillan LLP

  • How to best manage risk when something does not go according to plan, whether you represent an agency or a brand
  • Looking after number one — how to protect yourself and your business when you gave good advice but it went unheeded
or
Session B

4:00
Green Marketing

Josephine Coombe
Senior Vice President, Sales & Marketing
Bullfrog Power Inc.

Marc McAree
Partner
Willms Shier Environmental Lawyers LLP

  • Greenbiz and Getting to Market — What It Takes to Go Green and Limit Liability
  • How to meet consumer expectations about sustainable products while avoiding claims of “greenwashing”
or
Session B

4:45
Closing Remarks from the Co-Chairs Conference Adjourns

Day 2 - Wednesday, January 20, 2016

8:15
Refreshments are Served
8:45
Opening Remarks from the Co-Chairs
9:00
Using Native Advertising and Endorsements in Online Campaigns

Brenda Pritchard
Partner
Gowlings LLP

  • Managing risk when using testimonials and endorsements on social media
  • Native advertising and “influencers” online — what counsel needs to know
  • Disclosure requirements and mobile advertising — small screen challenges and solutions
  • What to do about false reviews
  • Managing representations on social media from influencers and brand representatives — when does subtle advertising or support need to be disclosed?

9:45
Update From the Competition Bureau

Ian Clarke
Counsel
Competition Bureau of Canada

  • Recent decisions and current enforcement priorities
    • Consent agreements and other actions taken
  • Trends for 2016 and beyond

10:15
Networking Refreshment Break

Discussion Period

10:30
Recent Pricing Cases and Performance Claims, Enforcement and Trends

Anita Banicevic
Partner
Davies Ward Phillips & Vineberg LLP

Antonio Di Domenico
Counsel
Competition Bureau of Canada

Ian Clarke
Counsel
Competition Bureau of Canada

Eric Dufour
Partner
Miller Thomson LLP

Misleading advertising, performance, and pricing claims have been the subject of significant enforcement action and investigation from the Competition Bureau. Join us for a discussion of the latest guidance and best practices based on the cases, actions and investigations undertaken in 2015.

  • When is a representation a “performance claim”? How do you determine the “general impression” of an advertisement?
  • What type of support do you need for your claim?
  • Is the price right? Practical tips and common pitfalls for pricing
  • What can you do about your competitors’ claims?
  • Hypothetical examples involving complex issues — advising on grey areas and difficult situations

11:30
The American Experience — Case Studies and Examples from the Federal Trade Commission

Brian D. Fergemann
Partner
Winston & Strawn LLP (Chicago)

Amy Mudge
Partner
Venable LLP (Washington)

  • A discussion of some recent cases from the FTC and the American position on disclosure
    in online advertising
  • How does the American treatment of performance and pricing claims differ from the Competition Bureau?
  • What can Canadians glean from recent decisions and the self-regulation experience in the United States?

12:15
Networking Luncheon for Speakers and Delegates
1:15
CASL Update and Enforcement Trends — A Different Beast in 2016?

David Young
Principal
David Young Law

David Elder
Counsel
Stikeman Elliott LLP

Antonio Di Domenico
Counsel
Competition Bureau of Canada

  • How has the enforcement of CASL in the past year differed from expectations, and what have we learned about compliance?
  • Best practices, tips and techniques
    for simplifying compliance
  • New guidance on implied consent
  • How does Industry Canada work in conjunction with the CRTC with respect to CASL enforcement

2:00
Modern Co-Marketing Partnerships — Loyalty Programs, Sponsorship and Other Third Party Arrangements

Karen D. Levin
Legal Counsel
Rogers Communications

Ryan Mills
Assistant General Counsel
AIMIA Inc.

  • Understand the benefits and drawbacks
    of marketing partnerships for social media
    and online campaigns
  • Manage attribution of costs and risks, and properly assess value in co-branding ventures
  • Minimize risk for your client or company
  • Handle information and privacy issues effectively when marketing with third parties

2:45
Networking Refreshment Break
3:00
Intellectual Property Meets Online Marketing

Lorraine M. Fleck
Lawyer & Trademark Agent
Fleck & Chumak LLP

Mark D. Penner
Partner
Fasken Martineau DuMoulin LLP

  • The intersection of Intellectual Property Law and Marketing — what you need to know about trademarks and fair use
  • Using images in marketing campaigns —
    when do you need a release from the subject?
  • Rights to user-generated content from contests and other campaigns
    • How to “repurpose” creative content without running afoul of the law
  • 2016 Olympics and ambush marketing

3:45
Interactive Marketing and Online User Engagement

Catherine Bate
Partner
Miller Thomson LLP

Companies are spending an increasingly large share of their marketing budgets on social media and other digital marketing campaigns!

  • How are agencies using technology to engage consumers in new and exciting ways
  • How advertisers and social media outlets work together to reach a specific market
  • Running contests, sweepstakes and promotions through social media — what changes,
    what stays the same
  • Using influencers in conjunction with a contest or promotion
  • Games of chance and online gambling

4:30
Closing Remarks from the Co-Chairs Conference Concludes