advertising and marketing law

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1 January 23 24, 2013 One King West Hotel Toronto Special Invitation Save $200* The Canadian Institute s 19t h annual advertising and marketing law Canada s Premier Event for Key Updates and Cutting Edge Analysis With Participation From: Bell Canada Competition Bureau CRTC FedEx Office of the Information and Privacy Commissioner of Ontario SDI Marketing Unilever A distinguished faculty of legal practitioners, in-house counsel and senior regulators will provide you with legal insight on: The latest legal and regulatory developments, including direct updates from the CRTC about the new anti-spam legislation Critical privacy issues examined to help you reconcile privacy with online marketing techniques by Ontario s Privacy Commissioner Protecting yourself and avoiding liability when faced with new IP issues in an online world The latest cases, horror stories and best practices related to running contests How to work more effectively with the Regie des Alcools, des Courses et des Jeux EARN CPD HOURS Add value to your experience by attending these targeted training sessions: A B The A to Z Guide to Prepare Your Organization for the CASL A Comprehensive Legal Guide for Managing Risks When Running Online Contests Sponsored by: Register Now CanadianInstitute.com/adlaw

2 Be Completely Confident in Your Practice of this Ever Evolving Area of Law! The Canadian Institute s annual program on Advertising & Marketing Law has become the go to source for staying on top of this dynamic field and this 19th annual year is no exception. On January 23 24, 2013 in Toronto, practice leaders and key regulators will provide the latest information and knowledge that will help you dispense advice that encourages marketing innovation, while minimizing legal risks. Gain critical updates and information through our stimulating and interactive mix of sessions, so you can: Acquire key information by hearing directly from the CRTC about the new anti-spam legislation Mitigate risks associated with the latest privacy concerns when online advertising through insight from the Ontario Privacy Commissioner Run completely compliant contests by hearing about up-to-date best practices and recent horror stories, from both on and off-line Protect your rights with an in-depth guide to the key IP and copyright issues facing you in an online world Create responsible, yet effective advertising by hearing vital information from the ASC and the And much more! Make the most out of your conference experience by attending the Pre-Program Master Class: A Comprehensive Legal Guide for Managing Risks When Running Online Contests and the In-Depth Training Session: The A to Z Guide to Prepare Your Organization for the CASL. Register today by calling The Canadian Institute at , by faxing your registration to or be registering online at We look forward to seeing you in January! TOP REASONS TO ATTEND WHO SHOULD ATTEND Updates directly from the Privacy Commissioner of Ontario, CRTC, ASC, TVB Case studies and horror stories when running contests, mobile advertising Often overlooked yet necessary rules for advertising online revealed! Practical guidance on the legalities of marketing sponsorships In-House Advertising & Marketing Lawyers/ Law Clercks Competition Lawyers CEOs, VPs and Managers of: - Advertising - Marketing - Promotions - Public or Consumer Relations - Online/Social Media Consultants

3 DISTINGUISHED D FACULTY Co-ChairsCha Bill Hearn Speakers Les Chaiet Corporate Federal Express Canada Ltd. Update your knowledge and hone your skills with a program jam-packed with the latest t developments ents in anti-spam, behavioural advertising, social media, online contests, s, sponsorships, sorsh loyalty lty programs, U.S. trends, and much more. Get in-depth analysis of the leading cases and enforcement priorities from some of the country s top lawyers and its most influential regulators. Bill Hearn Representative Canadian Radio-television Telecommunications Commission (CRTC) Greg Azeff Lawyer Pallett Valo LLP Rhonda Bagnall Director of Telecaster Services Annie-Claude Beauchemin Solange Brard Senior Business Lawyer Dr. Ann Cavoukian Commissioner Office of the Information and Privacy Commissioner of Ontario Daniel Cole Gowling Lafleur Henderson LLP Janet Feasby Vice President Standards Fabien Fourmanoit Arlan Gates Baker & McKenzie LLP Oliver Gleeson Vice-President Business Development & Corporate SDI Marketing Michael Koch Goodmans LLP Julie Laurence Legal Joseph J. Lewczak Davis & Gilbert LLP (U.S.) Ryan Mills Senior Legal Brady Murphy Vice President Mobile Linda Nagel Margot Patterson Fraser Milner Casgrain LLP Victoria Prince Borden Ladner Gervais LLP Brenda Pritchard Gowling Lafleur Henderson LLP Ruth Rapoport Assistant General Unilever Canada Inc. Brendan Ross Major Case and Strategic Policy Advisor, Fair Business Practices Competition Bureau Gordon Ross Vice-President Business Development Ron Rothstein Winston & Strawn LLP (U.S.) Theresa Treutler Matt Vernhout Director, Delivery and ISP Relations Kelly Zalec Legal LEGAL ACCREDITATION EARN CPD HOURS This program may be eligible toward the Law Society's CPD Requirement as Substantive Hours. Please note that this program is not accredited for Professionalism Hours or the New Member requirement. This program has been approved by the Law Society of Saskatchewan for 9.5 CPD hours for the conference. Members will also receive 3 additional CPD credit hours for attending Workshop A and 3 credit hours for attending Workshop B. The same number of hours may be applied toward your continuing legal education requirements in British Columbia. The Barreau du Québec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.

4 DAY 1 Wednesday, January 23, :45 Registration Opens and Coffee Served 8:45 Opening Announcements from the Co-Chairs Bill Hearn Les Chaiet Corporate Federal Express Canada Ltd. 9:00 Recent Enforcement Initiatives and Future Priorities of the Competition Bureau Brendan Ross Major Case and Strategic Policy Advisor Fair Business Practices Competition Bureau A closer look at the latest rulings from the Bureau What industries and/or companies are being looked at most closely? - What are the issues of focus for the Bureau? Future trends in enforcement Take this opportunity to have your burning questions answered! 10:00 Critical Privacy Concerns When Advertising and Marketing Online: Reconciling Privacy and Advertising Dr. Ann Cavoukian Commissioner Office of the Information and Privacy Commissioner of Ontario Representative Canadian Radio-television Telecommunications Commission (CRTC) Arlan Gates What regulatory bodies are monitoring o digital media, blogs, social media and mobile and how? CASL: Where we are now, what you should expect in terms of enforcement and where it fits in the global landscape How to respect privacy rights when online behavioral targeting - The latest guidance in Canada and internationally - Strategies for successfully managing the dichotomy between gathering as much information as you can about your consumers while respecting their right to privacy An area ripe for privacy scandal: Using geo-location - How to safely collect and store consumer data - What s next for Canada? An international look at the laws enacted pertaining to geo-location privacy - Protect yourself: Important security concerns addressed Ensure your compliance: Top privacy issues facing mobile advertising Top social media advertising privacy concerns - Learn what not to do directly from the social media ad formats that caused a privacy stir in :30 Networking Coffee Break 11:45 Mastering the New Challenges of Running Compliant Contests Brenda Pritchard Gowling Lafleur Henderson LLP Solange Brard Senior Fabien Fourmanoit Julie Laurence Legal Kelly Zalec Legal Top takeaways from the latest contest/ promotion horror stories! Landmark cases and trends from the past year Fresh best practices from the trenches - The latest tactics for protecting yourself from hackers, fraudsters and spammers What you need to know about Apple s Guidelines for Third Party Promotions and other rules of interest Fallout from Richard v. Time Key takeaways from real contest case studies - How in-house counsel can work effectively with outside counsel and their internal marketers to create their campaigns - What worked and what didn t reactions to unforeseen contest issues Interactive Q & A Session! Share, ask, learn and participate in our audience polling system to acquire the knowledge you need to mitigate contest/promotion risks and stay compliant 1:00 Networking Luncheon for Delegates and Speakers 2:15 Protect Your Rights and Avoid Liability! Current Developments and Major Implications for IP Legal Guidelines in Advertising Michael Koch Goodmans LLP Margot Patterson Fraser Milner Casgrain LLP

5 Attend this session si and hear critical insight directly from, Michael Koch, counsel for Apple at their Supreme Court of Canada a a fair dealing trial and from Margot Patterson, a recognized leader in the specialized field of copyright. How the Copyright Act amendments will affect your online advertising and marketing campaigns - The YouTube clause and user generated content - Satire and parody as fair dealing : how will this affect your brand? The Supreme Court of Canada s decisions in five copyright cases and what they mean to advertisers and marketers - What is the scope of fair dealing? How to cope with the inadvertent sharing of trademarks online IP pitfalls when managing user generated content or running online crowdsourcing and voting contests - Who owns that Tweet? User generated content and its use in your advertisements - Managing user posts that contain third-party IP 3:00 Networking Coffee Break 3:15 Spotlight on Quebec: How to Work Effectively with the Régie des Alcools, des Courses et des Jeux Julie Laurence Legal Annie-Claude Beauchemin Recent updates from the office of the Régie The latest enforcement initiatives and decisions explained How to best communicate with their office to ensure a smooth working relationship Key information for more efficient filing and payment of fees 4:00 Co-Chairs Closing Remarks DAY 2 Thursday, January 24, :45 Coffee Served 9:15 Opening Remarks from the Co-Chairs 9:30 A Comprehensive Legal Guidebook to the Rules and Procedures for Compliant Advertising and Marketing Online Brady Murphy Vice President Mobile Victoria Prince Borden Ladner Gervais LLP Online advertising and marketing have introduced a series of new legal and regulatory requirements of which you need to be aware. Some are obvious, such as privacy and IP related concerns, while others are less so. Attend this session and get practical advice to ensure your compliance in all areas, especially those you would not normally think of in marketing & advertising. Defamation and libel online - To moderate or not to moderate your site? Strategies for moving the consumer issue offline - To litigate or not to litigate when someone defames you online? The business and legal considerations when deciding how and when to react - The crucial limitation periods you need to be aware of, including those in the Libel and Slander Act Do you like that? The Competition Bureau s rules around referrals and why it matters when you re using Facebook An in-depth look at the latest platform specific requirements and standard terms of Facebook and Twitter - Strategies for ensuring your continued compliance given the ever-changing nature of these rules Your online obligations under the Accessibility for Ontarians with Disabilities Act The pitfalls and legal risks when using online only video advertisingin Understanding ding and staying compliant with mobile app guidelines - Mobile marketing best practices and guidelines for SMS, mobile applications and mobile browsing A look ahead: online advertising trends for :30 Networking Coffee Break 10:45 Update on Commercial Clearances Through ASC and TVB Ruth Rapoport Assistant General Unilever Canada Inc. Linda Nagel Janet Feasby Vice President Standards Theresa Treutler Rhonda Bagnall Director of Telecaster Services Case Study: How ASC works with advertisers to adapt creative from other jurisdictions to meet Canada s regulatory framework TVB - What is TVB and how does Telecaster fit in? - Focus on Telecaster: Background & purpose How TVB fits in with ASC What is the clearance process & its confidentiality? Review of specific Guidelines with legal implications for example, contests - What s on the horizon for 2013?

6 11:15 ASC Update Linda Nagel Janet Feasby Vice President Standards Insights from 11:30 The Need to Know Legalities of Marketing Sponsorships Oliver Gleeson Vice-President Business Development & Corporate SDI Marketing Bill Hearn What should be top of mind when co-sponsoring with a regulated advertising category? The key elements of a sponsorship contract The legalities related to activating sponsorship Points to leverage and negotiate with a sponsor Case study: An in-depth look at Road Hockey to Conquer Cancer 12:15 Networking Luncheon for Delegates and Speakers 1:30 A Concise and Practical Review of Significant U.S. Case Law and Trends Joseph J. Lewczak Davis & Gilbert LLP (U.S.) Ron Rothstein Winston & Strawn LLP (U.S.) Recent FTC pronouncements, enforcement trends and revisions to guides and regulations - Substantiating up to claims - Proposed changes to Children s Online Privacy Protection Act - Enforcement of Testimonial and Endorsement Guides - Implementation of New Green Guides - Change in standards for substantiation health-related claims The dangers of making advertising claims on social media sites or through User Generated Content: The Better Business Bureau s National Advertising Division s action involving Pinterest and other recent cases Updates on regulatory and self-regulatory efforts involving Do Not Track, behavioral advertising and their impact on Online Advertising Emerging themes and up to the minute case law, including class action trends 3:00 Networking Coffee Break 3:15 Maximize Consumer Engagement and Profit: The Keys to Effective and Compliant Loyalty Programs Ryan Mills Senior Legal Gordon Ross Vice-President Business Development Latest trends in loyalty programs that increase customer retention and engagement The future of loyalty programs Minimizing legal risks related to loyalty programs The ins and outs of negotiating loyalty programs How to collect the right data to ensure an effective loyalty program while complying with the law 4:00 Co-Chairs Closing Remarks SPONSORED BY: Baker & McKenzie s Canadian technology practice is global in its perspective and deep in its interdisciplinary capability and expertise. Our lawyers counsel clients on complex domestic and cross-border privacy, information governance, online advertising and communications, digital marketing and social media, electronic commerce, consumer protection, and industry-specific technology regulatory matters. Baker & McKenzie is known for having a deep understanding of the language and culture of business, an uncompromising commitment to excellence, and world-class fluency in its client service through more than 3,800 locally qualified lawyers in 71 offices in 44 countries. SPONSORSHIP & EXHIBITION OPPORTUNITIES Maximize your organization s visibility in front of key decision-makers in your target market. For more information, contact Business Development Executive Michael Shaw at ext. 7387, toll-free ext or by at Join the conversation! For special offers, free downloads and the latest program updates... Follow us Use hashtag #adlawci

7 PRE-CONFERENCE CE WORKSHOPS Tuesday, January 22, 2013 Workshop A 9:00 am to 12:00 pm (Registration begins at 8:30 am) In-Depth Pre-Program Training Session: The A to Z Guide to Prepare Your Organization for the CASL Session Leaders: Greg Azeff Lawyer Pallett Valo LLP Matt Vernhout Director, Delivery and ISP Relations Canada s Anti-Spam Legislation (CASL) is expected to be declared in force in the Spring of With hefty new penalties for sending commercial electronic communications without the consent of the recipient, including a maximum fine of $10 million, you need to be fully prepared to ensure compliance now. This interactive hands-on session will provide you with all of the practical information you need to be completely compliant in the face of this new piece of legislation and/or benchmark your preparedness so you can be safe in knowing that you are ahead of most. Take this unique opportunity to have all of your specific questions answered. What departments should be involved What a CASL compliance policy should look like Key steps that should be taken to comply *Lunch will be served to those delegates attending both Workshop A and B. What exceptions apply to you How to ensure you can handle unsubscribe requests promptly How the new legislation affects customer databases and customer relationship management systems Innovative steps others have taken to get their organization prepared Strategies and processes for managing the inevitable post-casl consumer complaints regarding spam Who in your organization should receive compliance training and what you should be telling them How the CASL affects the purchase of marketing lists and your relationship with third party electronic marketers Workshop B 1:00 pm to 4:00 pm (Registration begins at 12:30 pm) Practical Pre-Program Master Class: A Comprehensive Legal Guide for Managing Risks When Running Online Contests Session Leaders: Solange Brard Senior Business Lawyer Fabien Fourmanoit With the growing number of contests being run online comes an increase in novel legal and business risks. This in-depth Master Class will provide you with the knowledge and strategies to feel completely comfortable with managing and minimizing all of the risks associated with online contests. New ways to enter contests What you need to know about the many online channels to run contests, including the capabilities of YouTube, Twitter, Facebook, FourSquare and WordPress Solving the click through dilemma The ramifications of using third party applications to run your contests Complying with the special rules in Quebec Daniel Cole Gowling Lafleur Henderson LLP Demystifying the Criminal Code requirements - Chance and consideration in an online world Strategies and review processes for managing user generated content How to draft disclaimers for Twitter and Facebook How to draft compliant online rules and mini-rules Effectively handling crowdsourcing and online voting contests A detailed guide for running mobile/tweet to win contests Minimizing the risks of fixed voting and hackers A look at fair ways to choose a winner Case studies: Learn to stay hyper compliant through a roundup of the latest online contest offerings The Canadian Institute,

8 January 23 24, 2013 One King West Hotel Toronto The Canadian Institute s 19t h annual advertising and marketing law To expedite your registration, please mention your Priority Service Code 428SMVT REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Legal, In House, Director of Legal Affairs, General, Law Clerk Matt Vernhout invites you to register for this event and save $200* Be sure to mention this discount* and your priority service code 428SMVT when you register *Discount applies to regular conference fee at the time of registration and is not valid in combination with any other discount offer. 5 EASY WAYS TO REGISTER Phone: or Fax: or Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: PROGRAM CODE: 428L13-TOR YES! Register the following delegate for 19th annual advertising and marketing law ADMINISTRATIVE DETAILS 1 VENUE: One King West Hotel FEE PER DELEGATE Register & Pay by December 24, 2012 Register & Pay after December 24, 2012 Program (on site) $2095 $2295 Program + 1 Workshop: A or B $2690 $2890 Hotel Reservations ELITEPASS*: Program + 2 Workshops $3285 $3485 Live Webcast (Program Only) $1595 PLEASE ADD 13% HST TO ALL ORDERS All program participants will receive an online link to access the program materials as part of their registration fee Registration Fee Please add a copy of the *Program Proceedings BINDER or CD-ROM to my order for $ (S+H) + applicable taxes *Program Proceedings are published and shipped 4 weeks from the program I cannot attend but would like information on purchasing a copy of the Program Proceedings Payment Policy *ELITEPASS is recommended for maximum learning and networking value. 2CONTACT DETAILS NAME POSITION ORGANIZATION ADDRESS Cancellation and Refund Policy CITY PROVINCE POSTAL CODE TELEPHONE FAX TYPE OF BUSINESS NO. OF EMPLOYEES APPROVING MANAGER POSITION 3 PAYMENT Wire Transfer ($CAD) Please charge my VISA MasterCard AMEX DISCOVER CARD Please quote the name of the attendee(s) and the program code 428L13 as a reference. NUMBER EXP. DATE Beneficiary: The Canadian Institute CARDHOLDER I have enclosed my cheque for $ including applicable taxes made payable to The Canadian Institute (GST No RT0001 ) Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Branch #: ADDRESS: 1 King Street West, Toronto, ON, M5H 1A1 TEL.: For information on hotel room availability and rates, please contact One King West at and ask for the best available rate. The fee includes the program, all program materials, coffee breaks and lunches. Payment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to 4 or more individuals employed by the same organization, who register at the same time. For more information on group rates, please call You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the program date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other program by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the program date. The Canadian Institute reserves the right to cancel any program it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. No liability is assumed by The Canadian Institute for changes in program date, content, speakers or venue. CALL FOR GROUP OR SPECIAL INDUSTRY PRICING OPTIONS

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