8 TH ANNUAL ADVERTISING AND MARKETING LAW: LESS IS THE NEW MORE

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1 8 TH ANNUAL ADVERTISING AND MARKETING LAW: LESS IS THE NEW MORE Advertisers today seem to have less of everything yet are expected to do more than ever before. Less words (or characters), less money, less paid media, less disclaimers. More reviews, more consumer testimonials, more platforms, more sharing, more new laws, more disclosure and most importantly, more risk. Catch up on all of the latest legal requirements relating to advertising and marketing to ensure that you and your clients do not end up in unflattering orange. CUTTING EDGE TIMELY INTERACTIVE HALIFAX DECEMBER 1, 2015 TORONTO DECEMBER 9, 2015 WEBINAR DECEMBER 9, 2015 GOWLING LAFLEUR HENDERSON LLP SPEAKERS COURSE LEADER Brenda Pritchard, Partner GUEST SPEAKERS René Bissonnette, Associate Daniel Cole, Associate Brian Fraser, Partner Chris Oates, Associate David Potter, Associate Lewis Retik, Partner Melissa Tehrani, Associate COURSE HIGHLIGHTS Top Five Things That Can Keep Advertisers Up at Night (Some high-level advice for less worry more sleep!) They Really Like Me Testimonials/Ratings & Disclaimers/Disclosures Gamification -How to Make New Friends in The Yard - Hot Trends in Engagement La Belle Province Food, Drugs and Rock & Roll Creepy Privacy - More Obligations, More Collection, Less Space Integration of IP v. Advertising Mock Trade Dispute You Be The Judge REGISTER BEFORE NOVEMBER 6 AND SAVE $300! Register online at For more information, please contact Lexpert Events at

2 8 TH ANNUAL ADVERTISING AND MARKETING LAW: LESS IS THE NEW MORE PROGRAM OUTLINE 8:00-8:45 REGISTRATION 8:45-9:00 INTRODUCTION AND OVERVIEW Brenda Pritchard 9:00-9:45 TOP FIVE THINGS THAT CAN KEEP ADVERTISERS UP AT NIGHT (SOME HIGH-LEVEL ADVICE FOR LESS WORRY MORE SLEEP!) Brian Fraser Can I go to jail for misleading advertising? I want to slag my competitor that s OK, right (all s fair in love and advertising wars)? Social media and advertising do I still own my brand? Celebrities, sports team and major events do I really need to pay for use rights? Do I really have to take the complaint of just one consumer to the ASC seriously?? 9:45-10:30 THEY REALLY LIKE ME TESTIMONIALS/RATINGS & DISCLAIMERS/DISCLOSURES Brenda Pritchard Difference between FTC disclosures (more) and Canadian position (less) What is a material connection for testimonials and how do I disclose it? How to structure testimonial releases and influencer contracts How to secure and utilize ratings Can I like-gate and how can I incentivize? 10:30-10:45 REFRESHMENT BREAK 10:45-11:30 GAMIFICATION HOW TO MAKE NEW FRIENDS IN THE YARD - HOT TRENDS IN ENGAGEMENT Daniel Cole and René Bissone t te Experiential Marketing > How to leave a good impression with consumers Viral Videos > How to make sure what is being amplified will not result in larger penalties Mobile Activation > How to follow your consumers without being labelled a stalker Surprise and Delight How to make sure the second part is delight and not lawsuit Gamification > How to play the game and win big without ending up in the big house And LESS!! > (Because less is the new more) 11:30-12:15 LA BELLE PROVINCE Melissa Tehrani More French, Less English! Staying on-side Quebec s language laws Contest laws What to do when advertisers want more spontaneity and less legal jargon? Less is more when advertising to kids. How to stay on-side the ban on commercial advertising to children in Quebec The more sophisticated the company, the greater the fines, and other recent regulatory actions REGISTER BEFORE NOVEMBER 6 AND SAVE $300! Register online at For more information, please contact Lexpert Events at

3 PROGRAM OUTLINE 12:15-1:15 NETWORKING LUNCH 1:15-2:00 FOOD, DRUGS AND ROCK & ROLL Lewis Retik It s a food, no it s a supplement, no it s a natural health product what is it and why do I care??? The Super Muffin that makes you harder, better, faster, stronger the changing world of Health Claims Shake, Shake it Off Foods, Natural Health Products, and FAT BLASTING CLAIMS! From Weeds to Tweed - Smoking Marijuana in the New World 2:00-2:45 CREEPY PRIVACY MORE OBLIGATIONS, MORE COLLECTION, LESS SPACE Chris Oates 2015 PIPEDA amendments: Mandatory breach notification on the horizon Compliance Considerations: More data collection, Higher disclosure obligations... Less screen space Behavioural Advertising: Big Brother is watching (but complying with PIPEDA?) Engaging through Social Media while meeting privacy obligations 2:45-3:30 INTEGRATION OF IP V. ADVERTISING David Potter IP Would you like to know more? Trademarks in Social Media (aka #HashtagsAreTrademarksToo) Retweeting, Reposting and Recurring IP Issues More Domains, More Problems Top Level Domains and Your Internet Presence IP Enforcement: A Little Less Conversation, A Little More Action Please 3:30-3:45 REFRESHMENT BREAK 3:45-4:30 MOCK TRADE DISPUTE YOU BE THE JUDGE Featuring the speakers As competition becomes more fierce and production money less available, competitors are duking it out at the ASC Trade Dispute. Since these hearings are confidential and 80% or more of cases are settled, Gowlings gives you a bird s eye view into a Trade Dispute using a fact scenario designed to entertain and mystify you the audience, who will interact as the Panel and decide the case. 4:30 CONCLUSION AND Q&A REGISTER BEFORE NOVEMBER 6 AND SAVE $300! Register online at For more information, please contact Lexpert Events at

4 BRENDA PRITCHARD COURSE LEADER Brenda Pritchard has over 30 years of experience practising exclusively in advertising and marketing law. Brenda s practice includes: advertising copy review; coupon, premium and contest promotions; social media and privacy advice, negotiation of music, talent and artistic rights for use in production; merchandising and publishing contracts and negotiation; Advertising Standards Canada hearings and defending against misleading advertising charges. Consistently named one of Canada s 500 leading lawyers by Lexpert, and recognized by Martindale-Hubbell and The Best Lawyers in Canada (which named her the 2010 Lawyer of the Year for Advertising Law in Toronto), she is the most frequently recommended advertising and marketing lawyer in Canada. Brenda is also co-author of the best-selling text Advertising and Marketing Law in Canada. RENÉ BISSONNETTE René Bissonnette is an associate in Gowlings Intellectual Property Group practising primarily in the area of advertising, marketing and regulatory law. René s practice includes advising clients on executing compliant marketing and promotional campaigns in all forms of media; drafting sponsorship, talent and intellectual property licensing agreements; developing website terms of use, privacy and social media policies; and counselling clients regarding regulatory laws and policies pertaining to importing, packaging and selling consumer goods and associated industry-specific concerns. René is fluent in French. DANIEL COLE Daniel Cole is an associate in Gowlings Intellectual Property Group in the Toronto office, practising exclusively in the areas of advertising, marketing and regulatory law. Daniel s practice focuses primarily on contest design and review, automotive advertising and promotional copy review. In addition, a large part of his practice involves advising on social media legal issues, including the design of targeted social media programs for a wide array of social media platforms, as well as drafting various social media policies and managing public relations issues. BRIAN FRASER Brian Fraser is a partner in Gowlings Toronto office and co-leader of the Firm s Advertising, Marketing and Regulatory Affairs National Practice Group. He has been practising in the field of advertising and marketing law for more than 25 years. With a background in corporate and commercial law, Brian advises on all aspects of advertising and marketing law, including ad copy review for all media (print, broadcast and internet), promotional contests, packaging and labelling requirements, comparative advertising and agency agreements and claims support. His practice also includes representing clients in trade dispute proceedings administered by Advertising Standards Canada. DAVID POTTER David Potter is an associate in Gowlings Intellectual Property Group practicing primarily in the area of IP litigation. David has experience in disputes related to validity and infringement of patents, trade-marks and copyright before Federal and Provincial Courts as well as CIPO. David also has experience with copyright and trade-mark enforcement, anti-counterfeiting work and general matters of brand and product protection. David also has experience in the field of domain name ownership and retention as well as with non-contentious fields including trade-mark, patent and copyright applications and prosecution. David is a registered trade-mark agent. CHRIS OATES Chris is an associate in Gowlings Toronto office whose practice includes advising clients on privacy law, including drafting and reviewing privacy policies and advising on privacy in the context of social media, consumer marketing campaigns, behavioural advertising and tracking, corporate mergers and acquisitions, electronic commerce, and Canada s new anti-spam legislation. His experience includes reviewing the adoption of new website analytics, tracking programs, and privacy obligations as well as reviewing and revising data transfer agreements. Chris also advises on all matters pertaining to direct-to-consumer marketing, including advertising and packaging copy review; contest design and review; advertising in social media; drafting and reviewing talent, media, and sponsorship agreements; open credit advertising; and regulatory law pertaining to foods, alcoholic beverages, cosmetics and drug products.

5 LEWIS RETIK Lewis Retik is a partner in Gowlings Ottawa office, practising primarily in the area of corporate commercial and regulatory law. Lewis practice focuses on regulatory and commercial issues relating to the commercialization of products, including product distribution, manufacturing, advertising, packaging and labelling, and regulatory licensing. Lewis has extensive experience working with companies of all sizes, ranging from recent startups to large international companies in a variety of specialized industries, including technology, pharmaceutical, natural health products, food, and cosmetic industries. Lewis also addresses regulatory compliance and commercial issues that relate to multi-level marketing, direct selling, consumer protection, and products that use the radio frequency spectrum. He is often responsible for working with clients to develop packaging and advertising designs that are both consumer friendly and compliant. Lewis also provides advice to companies with regulatory compliance issues and the status of their products. In addressing client issues, Lewis regularly interacts with senior officials of government within such departments as Industry Canada, Health Canada, the Canadian Food Inspection Agency, and Environment Canada. MELISSA TEHRANI Melissa Tehrani is an associate at Gowlings Montréal office and member of the Barreau du Québec and Law Society of Upper Canada, practising in the area of advertising, marketing and regulatory law. Melissa s practice covers a range of commercial issues with particular emphasis on competition law, consumer protection, and Quebec language laws. She advises national and international corporations in the retail, automotive and telecom industries with respect to their provincial and federal legal obligations. Her main areas of practice include advertisement copy reviews and media pre-approvals; contest promotions; packaging and labeling; sponsorship agreements; children s advertising; ACTRA and UDA issues; class-action litigation; French language requirements; and privacy law. Melissa is also the Editor of Gowlings advertising law publication AdBytes.

6 REGISTER ONLINE: Yes! Please register the following delegate(s) for 8 TH ANNUAL ADVERTISING AND MARKETING LAW Mr. Ms. Title: Telephone #: Company: Address: City: Province: Postal Code: Payment enclosed Payment to follow Invoice me Charge to my VISA AMEX MC Card#: CVV: Expiry Date: Cardholder s Name: Signature: In class registration fee includes the course, materials, breakfast, lunch and coffee breaks. Substitutions are granted with notification to Lexpert Events. Webcast participants will receive an online link to access the program materials as part of their registration fee In class participants material selection: Print Digital Both (an additional charge of $99 will apply) Select price: Early Bird Price $ applicable taxes Regular Course Price $ applicable taxes Public Sector Price $ applicable taxes Webinar Price* (Dec. 9) $995 + applicable taxes Select venue (inclass only): If this brochure is undeliverable to the addressee, then please forward to a Senior Executive or Corporate Counsel. (GST Reg # ) SPECIFICALLY DESIGNED FOR: Senior Executives, Chief Marketing Officers and Corporate Counsel of: Advertising and Marketing Agencies Promotional Companies Retail and Manufacturing Automotive Industry Media, Publishing and Entertainment Companies Technology Providers, Software and Telecommunications Vice Presidents and Directors of: ACCREDITATION Marketing and Advertising Brand and Product Marketing Client and Brand Strategy Interactive Marketing Media, Creative and Production Legal Counsel practising Advertising & Marketing Law, Entertainment Law, Product Liability, Intellectual Property, Computer & IT Law, Privacy, Charities/Not-for-Profit and Franchising Law LAW SOCIETY OF BRITISH COLUMBIA This program has been accredited by the Law Society of British Columbia for 6.25 hours towards the professional development requirement for certification. LAW SOCIETY OF ALBERTA For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta. LAW SOCIETY OF UPPER CANADA (CPD) This program can be applied towards the 9 Substantive Hours of Continuing Professional Development (CPD) required by the Law Society of Upper Canada. Please note that this program is not accredited for Professionalism hours or for the New Member Requirement. Total hours 6.25 BARREAU DU QUÉBEC The Barreau du Québec automatically recognizes the same number of hours for this training activity, as long as it has been accredited by another Law Society that has adopted MCLE. LAW SOCIETY OF NEW BRUNSWICK This program has been accredited by the Law Society of New Brunswick for 6.25 hours towards the mandatory continuing professional development requirement. LAW SOCIETY OF NOVA SCOTIA For Nova Scotia lawyers, consider including this course toward your Mandatory CPD Requirement. HALIFAX - December 1 WTCC Halifax PO Box 955, 1800 Argyle Street, Halifax, NS B3J 2V9 TORONTO - December 9 St. Andrews Club and Conference Centre 150 King St West, 27th Floor, Toronto, ON M5H 1J9 Telephone: Fax: *WEBINAR PRICE CLARIFICATION Please note, these prices are on a per-person basis. For payment of the price for one person, only one individual is allowed to be logged in, and viewing at a time. To inquire about Group Rates, please see the contact information below. CANCELLATION AND REFUND POLICY: Full refunds, less a $ (plus applicable taxes) administration fee, will be given for cancellations received in writing 10 business days before the course start date. Unfortunately, refunds cannot be provided after this date. Substitution of delegates may be made at any time. Please note that Lexpert reserves the right to cancel any course deemed necessary and will, in such an event, make a full refund of registration fees paid. For reasons beyond the control of the course organizer, it may be necessary to change the subject agenda of the program and no liability is assumed for any such changes in content. CONTACT US: Web: Call: Toll free or (416) Fax: (416) Mail: Lexpert, Marketing Events One Corporate Plaza, 2075 Kennedy Road, 11th Floor, Toronto, ON, M1T 3V4 Please make cheques payable to Lexpert

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