January 26 27, 2015 Pantages Hotel Toronto

Transcription

1 CASL: 6 month review January 26 27, 2015 Pantages Hotel Toronto The Canadian Institute s 21 st Annual advertising and marketing law Merging business strategy with legal compliance Chairs Bill Hearn Davis LLP Kristi Lalach Vice-President Legal and Compliance FGL Sports Ltd. & Mark s Work Wearhouse Ltd. With Participation From: Advertising Standards Canada AIMIA Bell Canada Capital One Competition Bureau, Justice Canada Rogers Communications Shoppers Drug Mart Unilever Canada Inc. A distinguished faculty of legal and marketing professionals will provide you with insights into: The challenges & opportunities of mobile marketing How to protect your client when facing new privacy constraints online The latest cases, best practices and solutions to overcome challenges related to running contests In-depth analysis of the latest legal developments and implications for advertisers The need-to-know legalities of using beacon technology Solutions to handle misleading product and consumer reviews Sponsored By: This program fulfills 13.5 professionalism hours Register Now #ciadlaw

2 Join us at Canada s Premier Advertising and Marketing Law Event for Key Updates and Cutting Edge Analysis Giving great advice means recognizing, anticipating and reacting to the latest developments. Equip yourself to do just that by joining us January 26 27, 2015 in Toronto at The Canadian Institute s 21st Annual Advertising & Marketing Law program. Stay current in this dynamic field with practical, in-depth and innovative strategies and solutions from practice leaders, industry experts and key regulators. Gain the knowledge you need to dispense legal advice that encourages marketing innovation while minimizing legal risk. Stay abreast of the issues by hearing how others are complying with CASL Run completely compliant contests through leading best practices and recent case studies Discover what an adequate and proper test looks like when conducting comparative testing Avoid litigation with an in-depth guide to emerging privacy issues facing online and social media platforms today Create responsible and effective advertising by learning the latest industry standards and concerns from the ASC Register today by calling The Canadian Institute at , by faxing your registration to or by registering online at We look forward to seeing you in January! TOP REASONS TO ATTEND Industry specific advertising issues addressed: Food, Bank & Retail CASL: Addressing everyday challenges post-july 1 Best practices for social media marketing, compliant contests & mobile advertising Unparalleled networking opportunities Practical legal and business guidance WHO SHOULD ATTEND In-House Advertising & Marketing Lawyers Competition Lawyers Privacy Lawyers Marketing professionals Director of Marketing, legal Law clerks Paralegals CEOs, VPs and Managers of: - Compliance - Advertising - Marketing - Promotions - Public or Consumer Relations - Online/Social Media 2 Register at ( ) or #ciadlaw

3 DAY ONE MONDAY, JANUARY 26, 2015 I gained an in-depth approach, specific examples, and useful takeaway tools. Kelly Zalec, Legal, Rogers Communications 7:30 Registration Opens and Refreshments Served 8:30 Opening Remarks from Co-Chairs Bill Hearn Davis LLP Kristi Lalach Vice-President Legal and Compliance FGL Sports Ltd. & Mark s Work Wearhouse Ltd. 8:45 Advertising in Canada and Beyond: Current Conditions & Key Developments Kelly Moffatt, Chair of Advertising & Marketing Group Osler Hoskin & Harcourt LLP John Yorke President Rain43 Legal developments of 2014 both nationally and globally Global perspective on the global trends and addressing what is to come 9:15 CASL Mid-year Review: What We ve Learned During the First 6 Months David B. Elder Stikeman Elliot LLP Adam Kardash Osler, Hoskin & Harcourt LLP Enforcement issues What you can do under CASL The implications of CASL on online advertising/contests and apps Best practices for being compliant Strategies for small businesses to build their database and contacts under the new regime Lessons learned: looking forward, preparing for what s next Sector specific compliance: what does the law say based on different sectors? 10:30 Morning Refreshment Break 10:45 Do They Really Love It? Misleading Product and Consumer Reviews Brenda Pritchard Gowling Lafleur Henderson LLP Ruth Rapoport Assistant General Unilever Canada Inc. What is a testimonial? What restrictions does an advertiser have on using testimonials from consumers and others? How do you deal with bloggers, brand ambassadors and influencers? Astroturfing fake grassroots support Incentivizing testimonials: lessons from Cole Haan Fake testimonials and endorsements: the Dr. Oz approach to enforcement 11:45 Can They Really Do That? The Process of Challenging a Competitors Ad Michael I. Binetti Affleck Greene McMurtry LLP Robert Finta Associate General TELUS Addressing bold advertising statements from competitors Protecting clients interests by understanding what it takes to successfully challenge a bogus claim and have regulators intercept Identifying three main routes to challenge a competitor s ad Drafting mock competitive advertising claims A detailed guide for challenging advertising claims of direct competitors 12:30 Networking Luncheon 1:45 Update from the Regulators Ian Clarke Competition Bureau Canada Brent Homan Director General, PIPEDA Office of the Privacy Commissioner of Canada What privacy issues, domestic and international, are being looked at most closely? Latest enforcement issues and trends 2:45 Emerging Issues to Watch Amy Mudge Venable LLP Third party liability: multiple hands touching the same ad campaign - The Dandelion Theory Native advertising 101 Register at ( ) or #ciadlaw 3

4 DAY TWO TUESDAY, JANUARY 27, :30 Afternoon Refreshment Break 3:45 Evidence and Comparative Testing: Running a Proper Test Ruth M. Corbin, Ph.D., LL.M. Chair, Corbins Inc. Adjunct Professor Osgoode Hall James Musgrove Co-Chair, Competition and Antitrust Practice McMillan LLP What is adequate and proper testing? What does a proper test look like? What holds up in court: recent examples Do judges still want survey evidence? Claim substantiation 4:30 Pricing Issues: On-Line and Offline Pricing and the Digital Economy Michael Kilby Stikeman Elliot LLP Anita Banicevic Davies Ward Phillips & Vineberg LLP The resurgence of Ordinary Sales Price (OSP) Minimum Advertised Price (MAP) Cramming Terms and conditions for online purchases 5:15 Day 1 Closing Remarks from Co-Chairs Conference Adjourns 8:00 Refreshments Served 8:30 Opening Remarks from Co-Chairs 8:45 Marketing & Advertising 2.0: The Challenges & Opportunities of Mobile Marketing Catherine Bate Miller Thomson LLP Imran Ahmad Senior Associate Cassels Brock & Blackwell LLP Practical and legal considerations, including: Mobile Interface: - Compliant advertising and transactions in a small-screen world - Disclosures, disclaimers and click-throughs: What s permitted and when? - SMS/MMS programs: Communicating with consumers post-casl - Geofencing, tracking and privacy issues Does your message match your medium? Consumer reaction: are personalisation/ location-based tools cool or unnerving? Should there be an app for that? 9:45 Changes to the Competition Act & Trademarks Act: Implications for Advertisers Brian R. Fraser Gowling Lafleur Henderson LLP Antonio Turco Blake, Cassels & Graydon LLP How the changes to the Trade-marks Act will affect you How to protect your clients from trade-mark trolls Discover the advantages and disadvantages of the elimination of the use requirement How to take advantage of international treaties Changes to the Competition Act made under CASL: - Misleading sender information, subject matter information or URL s - The impact of no materiality qualifier Who is the relevant consumer? - Is our audience really just morons in a hurry? - Assessing the Richard v. Time and the Rogers/Chatr decisions 10:30 Morning Refreshment Break 10:45 View from ASC Linda J. Nagel President & CEO Advertising Standards Canada Janet Feasby Vice President, Standards Advertising Standards Canada Consumer complaint trends - Emerging Quebec trends New cosmetic advertising guidelines Canadian Children s Food & Beverage Advertising Initiative Changes ASC s role in monitoring compliance with the Canadian Self-Regulatory Principles for Online Behavioural Advertising 4 Register at ( ) or #ciadlaw

5 The conference covered a good spectrum of trending topics around OBA (Online Behavioural Advertising). Mindy Turner, Law Clerk, Kraft Canada 11:15 Addressing Complicated Contests Kelly A. Zalec Legal Rogers Communications Karen D. Levin Legal Rogers Communications Fabien Fourmanoit Senior Bell Canada Richard Sabbagh Assistant General Bell Canada Contest basics: illegal lottery, removing chance, disclosures Managing complex promotions: - Best practices for assessing different entry mechanisms and prizing levels - Different media and disclosure requirements - User-generated submissions and voting on user-generated content Quebec specificities: - Régie des alcools, des courses et des jeux Case Study: Real life examples of assessing and addressing risk 12:15 Networking Luncheon 1:30 Gift Cards & Loyalty Programs Ryan W. Mills Assistant General, Canada AIMIA Data use and customer information Best practices in loyalty rewards 2:00 Privacy Issues: A Guidebook for Advertising Online Robert H. Newman Associate Winston & Strawn LLP Lorraine M. Fleck Lawyer & Trademark Agent Fleck & Chumak LLP David Young Principal David Young Law Online Behavioural Advertising (OBA) - DAAC: 2 years later Collection of consumer information Using beacon technology safely and effectively - Geo-location - Targeted advertising Managing consumer information - How long to keep, how to keep, avoiding data breach 3:15 Afternoon Refreshment Break 3:30 Ignite Session: Industry Specific Food, Bank, Retail Delegates will break out into separate groups based on their own specific industries to share strategies for dealing with the challenges relevant to their business. Session leaders will circulate to lead the session and address key concerns. Nina Mapara Senior Capital One Sara Zborovski Davis LLP Lynn Guthrie Legal Shoppers Drug Mart Advertising and Marketing under the Food and Drugs Act: prescription and nonprescription drugs, medical devices, natural health products and food and beverages Distinguishing advertising from other activities The impact of product classification on advertising The role of pre-clearance agencies Enforcement: Health Canada, the Competition Bureau and the threat of litigation Issues surrounding advertising food products as natural or organic 4:45 Closing Remarks from Co-Chairs Conference Concludes Register at ( ) or #ciadlaw 5

6 The calibre of speakers and the range of topics was very impressive. Andrea Kroetch, Associate, Smart & Biggar/Fetherstonhaugh SPONSORED BY: Stikeman Elliott s Marketing, Advertising and Compliance Group is comprised of a multi-disciplinary team of lawyers practicing in the areas of competition, privacy, environmental, technology, regulatory and litigation. With a keen awareness of market trends, legislative change and policy initiatives, our lawyers have assisted clients in many marketing practices and provided comprehensive advice to leading Canadian and international businesses for over 20 years. Visit our blog TheCompetitor.ca for legal and policy developments on misleading advertising and marketing practices. Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits. Sponsorship & Exhibition Opportunities Daniel Gellman Director of Business Development telephone: ext d.gellman@canadianinstitute.com LEGAL ACCREDITATION This program may be eligible toward the CPD Requirement as 13.5 Substantive Hours, as required by the Law Society of Upper Canada. This program has been approved by the Law Society of Saskatchewan for 13.5 CPD hours for the conference. 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. The Canadian Institute, 2014 To receive exclusive discounts, program updates and offers, join our list at CALL, , VISIT OUR WEBSITE, OR REGISTER BY MAILING/FAXING FORM BELOW: PROGRAM CODE: 265L15-TOR 1 2 YES! Register the following delegate for the 21 st Annual Advertising & Marketing Law FEE PER DELEGATE SAVE $200 Register & Pay by December 23, 2014 Register & Pay after December 23, 2014 PLEASE ADD 13% HST TO ALL ORDERS o Program (on site) $2095 $2295 o Live Webcast (Program Only) $1595 All program participants will receive an online link to access the program materials as part of their registration fee o Please add a copy of the *Program Proceedings obinder or ocd-rom to my order for $295 + $22.95 (S+H) + applicable taxes *Program Proceedings are published and shipped 4 weeks from the program o I cannot attend but would like information on purchasing a copy of the Program Proceedings CONTACT DETAILS NAME ORGANIZATION ADDRESS POSITION CITY PROVINCE POSTAL CODE TELEPHONE TYPE OF BUSINESS APPROVING MANAGER FAX NO. OF EMPLOYEES POSITION 3 PAYMENT DETAILS PLEASE ADD 13% HST TO ALL ORDERS Please charge my o VISA o MasterCard o AMEX o DISCOVER CARD NUMBER EXP. DATE CARDHOLDER o I have enclosed my cheque for $ including applicable taxes made payable to The Canadian Institute (GST No RT0001 ) o Wire Transfer ($CAD) Please quote the name of the attendee(s) and the program code 265L15 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Transit #: / Bank #: 016 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 ADMINISTRATIVE DETAILS Hotel Reservations For nearby hotel accommodations please see below and ask for the hotels best available rate. VENUE: Pantages Hotel ADDRESS: 200 Victoria Street, Toronto, ON M5B 1V8 TEL.: or A courtesy room rate has been provided by the Pantages Hotel, starting at $169 per night. Rooms will be sold on a first come first serve bases, based on hotel availability. To make a reservation, please call or and ask for The Canadian Institute courtesy rate. Registration Fee The fee includes the program, all program materials, coffee breaks and lunches. Payment Policy 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. Cancellation and Refund Policy 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.

7 The Canadian Institute s 21 st Annual advertising and marketing law January 26 27, 2015 Pantages Hotel Toronto To expedite your registration, please mention your Priority Service Code 265L15.WEB 5 Easy Ways to Register PHONE: or CustomerService@ CanadianInstitute.com ONLINE: FAX: or ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Lawyer, Law Clerk, Paralegal, Legal, In House, Director of Legal Affairs, General MAIL: The Canadian Institute 1329 Bay Street, Toronto Ontario M5R 2C4 The Canadian Institute s 21 st Annual advertising and marketing law Merging business strategy with legal compliance Acquire the knowledge you need to dispense legal advice that encourages marketing innovation while minimizing legal risk: - CASL in review 6 months later - Best practices for running contests - Testing do s and don t - Privacy issues facing online and social media platforms - The latest industry standards from the Advertising Standards Canada Register Now #ciadlaw