Day 1 – Thursday, April 29, 2010
8:00 Registration Opens – Coffee Served
9:00 Opening Remarks from the Chair
Brenda L. Pritchard
Partner, Head of Advertising Law Practice Group
Gowling Lafleur Henderson LLP
9:15 Best Practices for Advertising and Marketing Financial Products: Credit Cards, Loans, Mortgages and Lines of Credit
Michael R. C. Davenport
Associate General Counsel
The Bank of Nova Scotia
Bill Hearn
Partner and Co-Chair of Advertising & Marketing Group
McMillan LLP
Lawry A. Mitchell
Senior Counsel
Royal Bank of Canada
- Complying with laws and other rules in advertising and marketing financial products
- Bank Act
- Cost of Borrowing Regulations
- FCAC Regulations
- Competition Act
- ASC’s Canadian Code of Advertising Standards
- Drafting different disclosures for different types of offers
- no payment offers
- payment plans
- no payment up-front
- Including terms, annual percentage rates and interest rates in advertisements for loans, lines of credit, credit cards and mortgages
- Avoiding false or misleading advertising, especially when making comparative claims
- Analyzing the new rules for credit cards: how they will impact credit card advertising and marketing?
- creating new template forms for disclosures and disclaimers
- Comprehending how to properly advertise and approve “pre-approved” offers
- including disclosures on what customers are actually “pre-approved”
- Navigating the rules of tied-selling advertisements: what is and is not allowed?
10:30 Networking Refreshment Break
10:45 Successful Strategies for Mitigating Legal Risk in Advertising and Marketing Insurance Products
Jill McCutcheon
Partner
Blaney McMurtry LLP
- Complying with disclosure requirements for insurance products
- Avoiding false or misleading advertising: complying with Competition Bureau regulations
- Minimizing legal risk in advertisements: ensuring inducements/rebates are not advertised to non-existing customers
11:45 Navigating the Differences in Provincial Regulations
David B. Kierans
Partner
Gowling Lafleur Henderson LLP
Neil S. Abbott
Partner
Gowling Lafleur Henderson LLP
- Overcoming the challenges created by differences in provincial regulations
- Dealing with regulations in Quebec
- French language
- consumer protection regulations
- Are standard-form templates useful when attempting to navigate the differences in provincial regulations?
12:30 Networking Luncheon for Delegate and Speakers
1:45 Ensuring Compliance Online: Implementing Internet, Social Media and Email Advertising Regulations
Kim D.G. Alexander-Cook
Stikeman Elliott LLP
Richard T. Shimoda
Senior Legal Counsel
The Bank of Nova Scotia
Internet Advertising
- Ensuring proper disclosure on your company’s website
- location of disclaimers and layout of webpages
- Complying with the Competition Act when advertising online: avoiding false or misleading advertisements
- ensuring that disclaimers do not limit or contradict the principal representation
- representation about the product or service
- liability of internet representations
- Dealing with a borderless internet: ensuring you follow rules in other provinces for your company’s website
Social Media Advertising
- Utilizing social media to advertise and market financial products and services: overcoming the legal challenges
- Dealing with the issues of minors: meeting legal obligations for advertising to minors on social media sites
- Lessons learned from the U.S.: how are American financial institutions utilizing social media for advertising and what new regulations is the U.S. government implementing?
Email Advertising
- Best practices for email advertising: what are you allowed to write?
- ensuring proper disclosure
- Understanding the rules of the the CRTC and the Competition Act regarding email advertisements
3:00 Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law
Janine MacNeil
Partner
Lang Michener LLP
- Understanding how Bill C-27 will impact privacy
- Examining how financial institutions can use personal information in advertising initiatives
- Updates on do-not-call and do-not-solicit regulations
- Complying with PIPEDA and provincial privacy standards when drafting contest rules
- Dealing with personal information generated through contests
- what type of information are you allowed to collect?
- how much of the information can you retain and for what time period?
4:00 Chair’s Closing Remarks
Conference Adjourns
Day 2 – Friday, April 30, 2010
8:30 Coffee Served
9:00 Opening Remarks from the Chair
9:15 Checking the Fine Print: Mitigating Legal Risks in Running Contests
Duncan J. de Chastelain
VP & General Counsel – Canada
GE Capital – Retail Consumer Finance/GE Money
Kelly L. Moffatt
Partner and Head of the Marketing & Distribution Practice Group
Osler, Hoskin & Harcourt LLP
- Best practices for structuring contests
- Dealing with the problem of automatic entries in contests
- Overcoming the challenges of joint account holders
- Overcoming flaws in contests that can result in complaints or regulatory intervention
- How to obtain consent for entering into contests
- Top tips for drafting contest rules and disclosures
- Skill-testing questions: when are they appropriate and what types of skill-testing questions should be used?
- Controlling user-generated content in contests: preventing the damage of negative or defamatory content created by users
10:30 Networking Refreshment Break
10:45 Avoiding Complications When Utilizing Trademarks and Copyright Protected Materials in Advertisements
Edward T. Fan
Torys LLP
- Navigating the latest rules regarding trademarks and copyright
- Managing your company’s intellectual property: trademarks, copyrights and other IP
- Taking proprietary rights over user-generated content for contests and promotions
- dealing with related IP issues regarding user-generated content
- Best practices for using online image banks for promotional materials
- Minimizing legal risks in advertising license agreements with service providers
- Tips and traps when engaging in comparative advertising
11:30 Top Tips for Minimizing Risk when Running Cross Promotions and Marketing Partnerships
Speaker to be Announced
- Evaluating the advantages and disadvantages of engaging in cross-promotions
- Creating legal safeguards for your company and minimizing legal risk
- Dealing with relevant privacy obligations
- Minimizing your exposure to liability
12:15 Chair’s Closing Remarks
Conference Concludes
Conference Details
