Day 1 - Tuesday, January 21, 2020

7:30
Registration Opens and Refreshments are Served
8:30
Opening Remarks from Co-chairs
8:45
Opening Keynote Address
9:30
Fixing the Leak – Hear How to Save Your Company from “Drip Pricing”
10:30
Networking Refreshment Break
11:00
Advertising and Data: Privacy, Disclosure and Misleading Representations – Canadian and U.S. Perspectives
12:00
What Happens When Institutional Memory Disappears, and the Same Mistakes are Repeated – How You Can Ensure that Doesn’t Happen to You!
12:45
Networking Luncheon
2:00
Federal and Provincial Rules for Marketing Cannabis
3:00
Networking Refreshment Break
3:30
New Advertising Dispute Procedure – Navigating the Code and Determining the Benefits of the New Procedure
4:15
CCPA and GDPR – Navigate the Complex Compliance Issues that Intersect Between Marketing Tactics and New Privacy Legislation
5:00
Closing Remarks – Day One Adjourns

Day 2 - Wednesday, January 22, 2020

8:15
Registration Opens
8:45
Opening Remarks from Co-chair
8:55
Keynote Address: Insights on Advertising Claims Enforcement from the U.S. Federal Trade Commission
9:30
A Strong Branding Strategy – Top 5 Factors to Consider from a Trademark Law Perspective
10:15
Networking Refreshment Break
10:30
Competition Law: Marketing & Advertising Claims
11:15
Online Behavioral Advertising
12:00
KEYNOTE: Competition Bureau Enforcement Priorities and Lessons Learned from 2019
12:45
Closing Remarks and Conference Concludes

Post-Conference Workshop

Promotional Pricing and Savings Claims

Jan 22, 2020 1:30pm – 4:30pm

Speakers

Karol Stefanovska
Director, Marketing Compliance
Loblaw

Sylvia Freels
Commercial Counsel, NA, Marketing & Innovation
RB

Cynthia Spry
Partner
Babin Bessner Spry LLP

Day 1 - Tuesday, January 21, 2020

7:30
Registration Opens and Refreshments are Served
8:30
Opening Remarks from Co-chairs

Jennifer McKenzie
Partner
Bereskin & Parr LLP

Clare McCurley
Director, Legal Counsel, Media
Corus Entertainment Inc

8:45
Opening Keynote Address

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

9:30
Fixing the Leak – Hear How to Save Your Company from “Drip Pricing”

Amy Mudge
Partner
Baker Hostetler LLP

Cynthia Spry
Partner
Babin Bessner Spry LLP

In 2019, the Bureau took the position that Ticketmaster was engaged in so-called misleading “drip pricing”. In the conclusion of the case Ticketmaster agreed to pay $4 million and settled under a consent agreement. This has opened the floodgates at closer analysis of other companies marketing. It is now more important than ever for advertisers and their agencies and counsel to note that material terms relating to a product or service, are clearly stated upfront in marketing. Join this panel to make sure that you don’t get hurt by misleading your buyers.

  • Hear latest updates of the settlement itself – what happened and why
  • Analyze the concept of “drip pricing” and how companies can protect themselves from law suits
  • Receive an overview of compliance and disclosure – tips and tricks on how you can ensure you are in line with Canadian laws and regulations

10:30
Networking Refreshment Break
11:00
Advertising and Data: Privacy, Disclosure and Misleading Representations – Canadian and U.S. Perspectives

Anita Banicevic
Partner
Davies Ward Phillips & Vineberg LLP

Amanda Branch
Associate
Bereskin & Parr LLP

Nicole Kutlesa
Senior Legal Counsel
Scotiabank

Karl Schober
Senior Associate
Dentons LLP

Facebook’s $6 billion dollar settlement with the US FTC shows the need for more stringent privacy practices. Misrepresentation can not only cost a company money but sometimes the damage can be so severe, especially when it comes to reputation, that it can cause irreparable damage.

  • When does a company’s use and collection of data become “misleading”?
  • What should companies be doing to manage and mitigate the risk in Canada and the U.S.?

12:00
What Happens When Institutional Memory Disappears, and the Same Mistakes are Repeated – How You Can Ensure that Doesn’t Happen to You!

James Musgrove
Co-Chair, Competition and Antitrust Practice Group, Partner
McMillan LLP

Gordon Greenwood
Managing Partner
Maclaren Corlett LLP

Pinar Ozyetis
General Counsel
LoyaltyOne

For any organization, the belief is that if a mistake had been made and rectified, this mistake would not happen again. However, there are instances – where the same mistake does happen again years later. Join this panel of experts to discuss:

  • Up-to-date review on consent pricing
  • Overview on what companies can do to ensure the mistake is not made twice
  • What resources you may need
  • Ramifications it can have on your business

12:45
Networking Luncheon
2:00
Federal and Provincial Rules for Marketing Cannabis

Elizabeth Manley
Senior Manager of Trademarks & Marketing Law
Cineplex

Jennifer McKenzie
Partner
Bereskin & Parr LLP

Christelle Gedeon
Chief Legal Officer
Aphria Inc.

Mariana Fonar
General Counsel and Corporate Secretary
Lift & Co.

As cannabis has been declared federally legal in Canada there are new strict rules surrounding the advertising and marketing of the product.

  • Overview of the rules and regulations in place
  • What your company can do to ensure they stay within the rules created
  • Social media and other forms of advertising

3:00
Networking Refreshment Break
3:30
New Advertising Dispute Procedure – Navigating the Code and Determining the Benefits of the New Procedure

Jennifer Weidel
Senior Specialist, Business and Legal Affairs
Bell Media Inc.

Marina Seidl
Senior Counsel
Royal Bank of Canada

Catherine Bate
Chief Legal and Policy Officer
Ad Standards

Ad Standards has recently launched its new process for handling competitive complaints. The new procedure (the “Dispute Procedure”) has been put in place to resolve disputes between industry competitors outside the judicial system. This session will review how the Dispute Procedure incorporates several changes with a view to improving the efficient, cost-effectiveness and practicality of handling advertise-initiated complaints.

  • Overview of the changes that have taken place
  • Learn about the process in place to file a complaint
  • Review what impacts you may see especially when non-compliant as the defendant

4:15
CCPA and GDPR – Navigate the Complex Compliance Issues that Intersect Between Marketing Tactics and New Privacy Legislation

Brian Heidelberger
Partner
Loeb and Loeb LLP

Mark Smith
Founder & CEO
Purdy Smith

What will be the far-reaching effects of GDPR, CCPA and other privacy protection laws? Will publishers and their content suffer? How will it impact online advertisers and digital marketing strategy? Our panel of experts will share their insights on GDPR and CCPA enforcement and how it could impact your marketing strategies.

  • Receive an update on GDPR enforcement in Europe
  • Understand CCPA and what’s happened since Jan. 1 2020
  • Review how CCPA differs from GDPR and how both can impact your business
  • Review the latest hot topics in European data privacy law
  • Establish what needs to be done to comply – how will these laws affect your marketing strategy?

5:00
Closing Remarks – Day One Adjourns

Day 2 - Wednesday, January 22, 2020

8:15
Registration Opens
8:45
Opening Remarks from Co-chair
8:55
Keynote Address: Insights on Advertising Claims Enforcement from the U.S. Federal Trade Commission

Lesley Fair
Senior Attorney
Bureau of Consumer Protection, Federal Trade Commission

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.

9:30
A Strong Branding Strategy – Top 5 Factors to Consider from a Trademark Law Perspective

Tariq Remtulla
Regional Counsel, Canada
Airbnb

Samantha Stern
Paralegal
Nestlé Canada Inc.

Jennifer Ponton
Senior Associate, Lawyer and Trademark Agent
Borden Ladner Gervais LLLP

  • Importance of selecting a strong trademark and how trademarks can add value to a business
  • Conducting a trademark availability search to mitigate risk
  • Benefits of registering a trademark
  • Proper use of a trademark to maintain rights
  • Licensing and assignments of trademarks and recording rights

10:15
Networking Refreshment Break
10:30
Competition Law: Marketing & Advertising Claims

Karol Stefanovska
Director, Marketing Compliance
Loblaw

Mary Griffith
Associate
Maclaren Corlett LLP

Sylvia Freels
Commercial Counsel, NA, Marketing & Innovation
RB

This session will provide an introduction and overview of the laws that govern the Misleading Advertising provision of the Competition Act. Learn how to:

  • Recognize false and misleading advertising
  • Understanding advertising claims, substantiation, special regulations and guidelines
  • Key differences for Canada vs. the US
  • Best practices of the review and approval process for marketing claims

11:15
Online Behavioral Advertising

Roland Hung
Board Member
Vivametrica Ltd
Senior Legal Counsel and Chief Privacy Officer
Finning International

Sonia Carreno
President
Interactive Advertising Bureau of Canada (IAB Canada)

Kelly Harris
Leader, National Marketing, Advertising & Product Compliance Group
Miller Thomson LLP

Christopher Ferguson
Associate
Fasken LLP

More and more Canadians are embracing digital platforms and social networks. Information that is made available online is used by advertising companies to find patterns in consumer behavior to conduct business and appeal to their likely intentions to buy. The Office of the Privacy Commissioner is concerned about the potential privacy infringements presented by such practices, particularly the lack of transparency with which they are conducted and the quality of the consent obtained as a result of these practices. While consumers are largely in favour of ad-supported content, their access to controlled exposure is limited. The current digital advertising industry relies on the existing infrastructure to deliver impressive results and faces increasing pressure to re-imagine the technology that underpins its success.

  • An overview of how behavioral advertising currently works.
  • What you can do today to offer appropriate consent
  • How global policy will profoundly affect the way in which the Canadian digital media industry uses data and the impact of these changes
  • Complications when re-targeting audiences with regulated advertising, including child-directed and cannabis content
  • How de-identified “signals” help deliver on compliance across various regulated advertising
  • What the future might look like in the wake of the “cookie diet”

12:00
KEYNOTE: Competition Bureau Enforcement Priorities and Lessons Learned from 2019

Josephine Palumbo
Deputy Commissioner for the Deceptive Marketing Practices Directorate
Competition Bureau

Hear directly from the Competition Bureau about the Bureau’s key enforcement priorities for the year ahead and the practical implications for Canadian advertisers.

This presentation will be followed by a Q&A facilitated by Michael Binetti, Partner, Affleck Greene McMurty LLP. Get your questions answered!

12:45
Closing Remarks and Conference Concludes

Promotional Pricing and Savings Claims

Jan 22, 2020 1:30pm – 4:30pm

Karol Stefanovska
Director, Marketing Compliance
Loblaw

Sylvia Freels
Commercial Counsel, NA, Marketing & Innovation
RB

Cynthia Spry
Partner
Babin Bessner Spry LLP

What is it about?

Attracting new customers to a business is always very important however, the rules must be followed to ensure compliance to protect your business. In this workshop you will be engaging in an open dialogue and discussion to go over the rules set in place by the competition bureau. With many large companies being scrutinized for pricing claims, this workshop will help your company avoid these mistakes.

  • Demonstrate compliance with the Misleading Advertising provision of the Competition Act
  • Recognize false and misleading advertising
  • Understand promotional price advertising, Ordinary Selling Price (OSP) and Reasonable Quantity