Day 1 - Tuesday, January 22, 2019

Breakfast & Learn

Jan 22, 2019 7:00am – 9:00am

Speakers

Tim Hughes
Legal Counsel
Maple Leaf Sports & Entertainment

Burtley G. Francis
Partner
Stewart McKelvey (Halifax, NS)

8:00
Registration Opens and Refreshments are Served
9:00
Welcoming Remarks from the Canadian Institute
9:05
25th Anniversary Co-Chairs Fireside Chat – Advertising & Marketing Law: Retrospect and Future Forecast
9:30

SPOTLIGHT ON PRIVACY IN ADVERTISING

General Data Protection Regulations (GDPR) – A Guide for Advertising and Marketing Lawyers
10:15
Limiting Exposure and Risk: Focus on the Canadian Privacy Landscape
11:00
Networking Refreshment Break
11:20
Protect Your Brand – Intellectual Property Best Practices in Advertising and Marketing
12:00
Keeping Social Media Influencers Real: An In-Depth Overview of Influencer Disclosure Guidelines
1:00
Networking Luncheon for Speakers and Delegates
2:00
Contests & Promotions – Practical Analysis of Best Practices and Common Risks
2:40

FOCUS ON ENFORCEMENT

U.S. FTC KEYNOTE
Insights on Advertising Claims Enforcement from the U.S. Federal Trade Commission
3:25
Networking Refreshment Break
3:40
Highlight Reel of the Past Year in Enforcement: Exploring the Consequences of Questionable Campaigns
4:30
Closing Remarks from Co-Chairs

Day 2 - Wednesday, January 23, 2019

8:00
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Co-Chairs
9:15
HOT TOPIC
Ad Tech and the California Consumer Privacy Act
10:15
Ethical Questions on the Make-up of Marketing Systems
11:15
Networking Refreshment Break
11:30
CASE STUDY
Finding the Right Words – Balancing Reputation and Liability Concerns
12:30
Networking Luncheon for Speakers and Delegates
1:30
Exploring the Role of the Internet, Social Media and Digital Applications in Advertising to Children
2:30
Networking Refreshment Break
2:45
Preventing Stereotyping in Marketing – Encouraging a Commitment to Inclusivity in Advertising
3:45
Closing Remarks from Co-Chairs
4:00
Conference Concludes

Day 1 - Tuesday, January 22, 2019

8:00
Registration Opens and Refreshments are Served
9:00
Welcoming Remarks from the Canadian Institute
9:05
25th Anniversary Co-Chairs Fireside Chat – Advertising & Marketing Law: Retrospect and Future Forecast

Bill Hearn
Partner
Fogler, Rubinoff LLP (Toronto, ON)

Jeanette Lee
Director, Senior Counsel, Marketing & IP, (Canada & International)
The TDL Group (Toronto, ON)

Bill Hearn and Jeanette Lee will provide insights on the advertising and marketing law lessons of the last 25 years, as well as predictions and forecasts for what we can expect going forward.

9:30

SPOTLIGHT ON PRIVACY IN ADVERTISING

General Data Protection Regulations (GDPR) – A Guide for Advertising and Marketing Lawyers

Fabian Seip
Counsel
Hengeler Mueller (Berlin, Germany)

Mark Smith
Partner
Purdy Smith (London, U.K.)

GDPR enforcement has sprouted many questions around consumer data collection and protection responsibilities for Canadian companies that have global business dealings involving EU citizens. The potential financial penalties for GDPR violations are significant, making compliance a top priority. This keynote session will provide an in-depth look at the regulations and address the following points:

  • Assessing GDPR implications for Canada’s use of offshore data processors
  • Developing strategies for drafting offshore contracts or overseas affiliate marketing materials to be GDPR compliant
  • Analyzing a sample of GDPR regulatory action, and ensuring that your organization avoids such trouble by remaining compliant
  • Weighing whether it is best to draft multiple compliance policies/terms and conditions for various jurisdictions or best to include all users under the GDPR protections?

10:15
Limiting Exposure and Risk: Focus on the Canadian Privacy Landscape

Karen Burke
Enterprise Chief Privacy Officer, Legal, Corporate & Compliance Group
BMO Financial Group (Toronto, ON)

This session will provide you with a practical guide to Canadian privacy compliance, including a privacy checklist handout.

  • Update on consent for using personal information
  • Analyzing recent proposed amendments to the Personal Information and Electronic Documents Act
    • Understanding how this will impact marketing systems
  • Data collection and storing – comprehending your company’s responsibility to protect consumer personal information
  • Posting in the public sphere and what is considered fair usage in public information
  • Reviewing CASL consideration in your organization’s privacy compliance strategy
  • Tips for reviewing copy with a privacy lens

11:00
Networking Refreshment Break
11:20
Protect Your Brand – Intellectual Property Best Practices in Advertising and Marketing

Tariq H. Remtulla
Regional Counsel, Canada
Airbnb (Toronto, ON)

Keltie Sim Luft
Partner
Smart & Biggar (Toronto, ON)

  • Top ten classic intellectual property issues that arise in marketing & advertising and how to avoid the pitfalls
  • Current intellectual property issues facing technology companies, including genericization of trademarks and approaching brand infringers in the sharing economy
  • The impact of globalization on intellectual property law in Canada
  • New opportunities for brand protection coming soon to Canada

12:00
Keeping Social Media Influencers Real: An In-Depth Overview of Influencer Disclosure Guidelines

Catherine Bate
Partner
Miller Thomson LLP (Toronto, ON)

Richard Wong
Lead Instructor, Digital Marketing
RED Academy (Toronto, ON)

Social Media influencers have become essential assets to a brand’s marketing strategy. However, since influencers are often freelancers, with little legal oversight, understanding disclosure guidelines and properly drafting influencer contracts are critical competencies for protecting your company.

  • Assessing the different disclosure requirements for YouTube, Facebook, Snapchat, and Twitter
  • Influencing your influencers to commit to compliance
  • Navigating influencer contracts from expiring contracts to exclusivity – drafting precautions and best practices
  • Developing practical tips for managing the influencer relationship
  • Update on U.S. influencer guidelines

1:00
Networking Luncheon for Speakers and Delegates
2:00
Contests & Promotions – Practical Analysis of Best Practices and Common Risks

Jennifer Weidel
Senior Specialist, Business and Legal Affairs
Bell Media (Toronto, ON)

This session is your toolkit for avoiding risk in contests and promotions. Our speakers will offer practical tips and tools, including a handout for developing a compliant contest. Points of discussion will include:

  • Examining common methods of promotion and developing strategies to enforce compliance in contests and promotions
  • Assessing potential risks when planning a contest or promotional marketing campaign
  • Learning how to keep your company at a competitive advantage while ensuring compliance
  • Evaluating new trends in social media platforms and methods for staying on top of continuously changing social media policies and terms of use

2:40

FOCUS ON ENFORCEMENT

U.S. FTC KEYNOTE
Insights on Advertising Claims Enforcement from the U.S. Federal Trade Commission

Lesley Fair
Senior Attorney
Bureau of Consumer Protection Federal Trade Commission (FTC) (Washington, D.C.)

Take advantage of the valuable opportunity to hear directly from a Senior Attorney from the Bureau of Consumer Protection at the U.S. FTC. Ms. Fair will share insights on recent enforcement actions and agency priorities to provide you with the information you need for cross-border compliance.

3:25
Networking Refreshment Break
3:40
Highlight Reel of the Past Year in Enforcement: Exploring the Consequences of Questionable Campaigns

Moderated by:

Bill Hearn
Partner
Fogler, Rubinoff LLP (Toronto, ON)

Steven Harroun
Chief Compliance and Enforcement Officer
Canadian Radio-Television and Telecommunications Commission (Gatineau, Québec)

Brent Homan
Deputy Commissioner, Compliance
Office of the Privacy Commissioner of Canada (OPC) (Ottawa, ON)

Russell Jutlah
Assistant Deputy Commissioner
Cartels and Deceptive Marketing Practices Branch
Competition Bureau Canada (Toronto, ON)

Do not miss this opportunity to hear from a panel of top regulators as they discuss current enforcement priorities and initiatives related to privacy, and advertising and marketing. Join us and ask your most burning questions through a moderated discussion, followed by questions from the audience. The panel discussion will include:

  • An overview of the top enforcement cases from 2018
  • Top trends and consumer complaints
  • Tools to create comprehensive compliance guidelines to avoid risk in your organization

4:30
Closing Remarks from Co-Chairs

Day 2 - Wednesday, January 23, 2019

8:00
Registration Opens and Refreshments are Served
9:00
Opening Remarks from Co-Chairs
9:15
HOT TOPIC
Ad Tech and the California Consumer Privacy Act

Steven Hennig
Senior Counsel
Shopify (Toronto, ON)

Catherine Lovrics
Partner
Bereskin & Parr LLP (Toronto, ON)

On June 29, 2018, California passed the California Consumer Privacy Act 2018 (the “CCPA”). The CCPA is currently slated to come into effect on January 1, 2020 and could have wide-ranging impacts on how companies handle personal data. This session will present a high-level overview of the CCPA and potential impacts on Ad Tech (Advertising Technology). Points of discussion will include:

  • What is Ad Tech and why should it be on your radar?
  • Overview and application of the CCPA
  • Broadening definition of personal data
  • Implications of the focus on “selling data”
  • Significance for Canadian businesses

10:15
Ethical Questions on the Make-up of Marketing Systems

Jennifer Hood
Director, Legal Counsel
Corus Entertainment Inc. (Toronto, ON)

Paul Hughes
General Counsel
Freshii (Toronto,ON)

  • Understanding when marketing manipulation through analytical software crosses the line
  • Targeted advertising: what is appropriate – is it appropriate to ethnically target a customer?
  • Transparency: what is your obligation with consumers?
  • Developing best practices for managing common ethical dilemmas in advertising and marketing

11:15
Networking Refreshment Break
11:30
CASE STUDY
Finding the Right Words – Balancing Reputation and Liability Concerns

Michael Paris
Director, Legal & Chief Privacy Officer
Cineplex (Toronto, ON)

Sarah Van Lange
Executive Director, Communications
Cineplex (Toronto, ON)

Learn how the Cineplex legal department works together with the company’s communications department to protect their brand, and maintain consumer trust. Leave this session with valuable take-aways and the ability to implement similar safeguards and best practices in your organization. Points of discussion will include:

  • Balancing the needs and goals of a Legal Department and a Communications Department
  • Working together to build, maintain, or rehabilitate consumer trust
  • Developing processes, planning, and best practices to protect your client’s reputation
  • When and how to respond to criticisms or concerns from customers, reporters, or social media

12:30
Networking Luncheon for Speakers and Delegates
1:30
Exploring the Role of the Internet, Social Media and Digital Applications in Advertising to Children

Sonia Carreno
President
Interactive Advertising Bureau of Canada (Toronto, ON)

With the internet taking the role as the number one advertising medium worldwide, it is critical to understand key regulations when advertising products intended for the next generation. This interactive session will explore the current methods being utilized by major corporations to incorporate advertisements into commonly used social media platforms and digital applications. In addition, current and pending regulations, both nationally and internationally, within this area will be discussed.

2:30
Networking Refreshment Break
2:45
Preventing Stereotyping in Marketing – Encouraging a Commitment to Inclusivity in Advertising

Amy Mudge
Partner
Venable, LLP (Washington, D.C.)

Jani Yates
President and CEO
Advertising Standards Canada (Toronto, ON)

  • Exploring gender stereotyping in advertising – past vs present data Taking a global look at gender portrayal guidelines in advertising
  • Communicating with your marketers about these issues from a legal standpoint
  • Examining critical legal challenges behind inclusive advertising
  • Incorporating “unstereotyping” in your organization and ensuring inclusivity in future campaigns
  • Understanding why inclusive marketing is good for business

3:45
Closing Remarks from Co-Chairs
4:00
Conference Concludes

Breakfast & Learn

Jan 22, 2019 7:00am – 9:00am

Tim Hughes
Legal Counsel
Maple Leaf Sports & Entertainment

Burtley G. Francis
Partner
Stewart McKelvey (Halifax, NS)

What is it about?

7:00

Registration Opens and Breakfast is Served

7:30 – 9:00

To Post or Not to Post: Social Media Advertising Master Class

Social media has become a main source of advertising and marketing in today’s market. However, as with most things, the vast opportunities which social media offers also come with considerable risks. From Facebook, to YouTube, to Snapchat, to Instagram and beyond, there are many different platforms making it challenging to stay on top of the various, ever-changing social media policies.

Join us for this Breakfast & Learn Social Media Master Class to:

  • Learn the fundamentals necessary for managing a successful and compliant social media campaign
  • Analyze the policies of each social media platform and strategies to address gray areas
  • Avoid risk in native advertising in social media posting
  • Create a monitoring strategy in your organization
  • Assess the legal liabilities for inappropriate postings