Advertising & Marketing Law & Compliance

Transcription

1 April 29 30, 2010 Marriott Bloor Yorkville, Toronto The Canadian Institute s forum on Advertising & Marketing Law & Compliance for FINANCIAL INSTITUTIONS Best Practices for Minimizing Risk While Maximizing Advertising Opportunities CHAIR: Brenda L. Pritchard, Head of Advertising Law Practice Group Gowling Lafleur Henderson LLP Distinguished faculty includes experts from: GE Money Lang Michener LLP McMillan LLP Osler, Hoskin & Harcourt LLP Royal Bank of Canada Stikeman Elliott LLP Torys LLP Gain valuable, practical information from an outstanding faculty of lawyers and in-house counsel on: Best practices for advertising and marketing credit cards, loans, mortgages, lines of credit and insurance products Top tips for complying with internet, social media and regulations Optimizing the use of intellectual property material in advertising and marketing campaigns Minimizing legal risks when running contests Successful strategies for complying with PIPEDA and provincial privacy standards And much more! PLUS! Gain additional value by attending the post-conference workshop on April 30, 2010: Minimizing Legal Risks in Loyalty and Rewards Programs Sponsored by: Please see inside for details Register Now CanadianInstitute.com/FINMKTG

2 DISTINGUISHED FACULTY Avoid Penalties for Non-Compliance with Advertising Regulations While Maximizing Your Opportunities Financial institutions face unique regulatory requirements for their advertising and marketing campaigns. It may seem like a difficult task to balance the competing objectives of limiting legal liability in advertising campaigns while still allowing the creativity of your marketing and advertising teams to flourish. However, by ensuring your knowledge of advertising and marketing law for financial institutions is up to date, you will be better equipped to attract and retain customers while complying with regulations. The Canadian Institute s conference on Advertising and Marketing Law and Compliance for Financial Institutions is your opportunity to learn the latest legal developments and navigate the complexity of advertising and marketing regulations. An outstanding speaker faculty of lawyers and in-house counsel will delve into core issues, including: Top tips for complying with legislation and regulations in advertising and marketing financial products Best practices for avoiding false or misleading advertising Understanding the differences with Quebec regulations Overcoming the legal challenges of utilizing social media in advertising campaigns PLUS! Add value to your attendance by participating in our post-conference workshop on: Minimizing Legal Risks in Loyalty and Rewards Programs. Don t delay! Spaces are limited. You can register by calling The Canadian Institute at , faxing the registration form to , or registering online at We look forward to seeing you at the conference! CHAIR: Brenda L. Pritchard, Head of Advertising Law Practice Group SPEAKERS: Neil S. Abbott Kim D.G. Alexander-Cook Stikeman Elliott LLP Duncan J. de Chastelain VP & General Counsel Canada GE Capital Retail Consumer Finance/ GE Money Michael R. C. Davenport Associate General Counsel Edward T. Fan Torys LLP Bill Hearn and Co-Chair of Advertising & Marketing Group McMillan LLP David B. Kierans Janine MacNeil Lang Michener LLP Lawry A. Mitchell Senior Counsel Royal Bank of Canada Kelly L. Moffatt and Head of the Marketing & Distribution Practice Group Osler, Hoskin & Harcourt LLP Richard T. Shimoda Senior Legal Counsel This program has been accredited by the Law Society of Upper Canada towards the professional development requirement for certification. Conference Corporate & Commercial Law 8 hours Civil Litigation 8 hours Intellectual Property Law 0.5 hours 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. Enhance your meetings and add to your bottom line by offering audience response solutions from Turning Technologies Canada, the global leader in audience response technology. The first choice of presenters everywhere, our simple, intuitive, polling products add engagement, encourage interaction, collect valuable data and provide instant feedback in meetings and events using RF or web-based devices. Invest in workplace training and employee development with the press of a button. Visit us at

3 Advertising & Marketing Law & Compliance DAY 1 THURSDAY, APRIL 29, :00 Registration Opens Coffee Served 9:00 Opening Remarks from the Chair Brenda L. Pritchard, Head of Advertising Law Practice Group 9:15 Best Practices for Advertising and Marketing Financial Products: Credit Cards, Loans, Mortgages and Lines of Credit Michael R. C. Davenport Associate General Counsel Bill Hearn and Co-Chair of Advertising & Marketing Group McMillan LLP Lawry A. Mitchell Senior Counsel Royal Bank of Canada Complying with laws and other rules in advertising and marketing financial products - Bank Act - Cost of Borrowing Regulations - FCAC Regulations - Competition Act - ASC s Canadian Code of Advertising Standards Drafting different disclosures for different types of offers - no payment offers - payment plans - no payment up-front Including terms, annual percentage rates and interest rates in advertisements for loans, lines of credit, credit cards and mortgages Avoiding false or misleading advertising, especially when making comparative claims Analyzing the new rules for credit cards: how they will impact credit card advertising and marketing? - creating new template forms for disclosures and disclaimers Comprehending how to properly advertise and approve pre-approved offers - including disclosures on what customers are actually pre-approved Navigating the rules of tied-selling advertisements: what is and is not allowed? 10:30 Networking Refreshment Break 10:45 Successful Strategies for Mitigating Legal Risk in Advertising and Marketing Insurance Products Speaker to be Announced Complying with disclosure requirements for insurance products Avoiding false or misleading advertising: complying with Competition Bureau regulations Minimizing legal risk in advertisements: ensuring inducements/rebates are not advertised to non-existing customers 11:45 Navigating the Differences in Provincial Regulations David B. Kierans Neil S. Abbott Overcoming the challenges created by differences in provincial regulations Dealing with regulations in Quebec - French language - consumer protection regulations Are standard-form templates useful when attempting to navigate the differences in provincial regulations? 12:30 Networking Luncheon for Delegate and Speakers 1:45 Ensuring Compliance Online: Implementing Internet, Social Media and Advertising Regulations Kim D.G. Alexander-Cook Stikeman Elliott LLP Richard T. Shimoda Senior Legal Counsel Internet Advertising Ensuring proper disclosure on your company s website - location of disclaimers and layout of webpages Complying with the Competition Act when advertising online: avoiding false or misleading advertisements

4 for FINANCIAL INSTITUTIONS Best Practices for - ensuring that disclaimers do not limit or contradict the principal representation - representation about the product or service - liability of internet representations Dealing with a borderless internet: ensuring you follow rules in other provinces for your company s website Social Media Advertising Utilizing social media to advertise and market financial products and services: overcoming the legal challenges Dealing with the issues of minors: meeting legal obligations for advertising to minors on social media sites Lessons learned from the U.S.: how are American financial institutions utilizing social media for advertising and what new regulations is the U.S. government implementing? Advertising Best practices for advertising: what are you allowed to write? - ensuring proper disclosure Understanding the rules of the the CRTC and the Competition Act regarding advertisements 3:00 Ensuring Compliance for Your Privacy Policies: The Latest Developments in Privacy Law Janine MacNeil Lang Michener LLP Understanding how Bill C-27 will impact privacy Examining how financial institutions can use personal information in advertising initiatives Updates on do-not-call and do-not-solicit regulations Complying with PIPEDA and provincial privacy standards when drafting contest rules Dealing with personal information generated through contests - what type of information are you allowed to collect? - how much of the information can you retain and for what time period? 4:00 Chair s Closing Remarks Conference Adjourns SPONSORSHIP & EXHIBITION OPPORTUNITIES Maximize your organization s visibility in front of key decisionmakers in your target market. For more information, contact Director Business Development Daniel Gellman at ext. 389, toll-free ext. 389 or by at [email protected] DAY 2 FRIDAY, APRIL 30, :30 Coffee Served 9:00 Opening Remarks from the Chair 9:15 Checking the Fine Print: Mitigating Legal Risks in Running Contests Duncan J. de Chastelain VP & General Counsel Canada GE Capital Retail Consumer Finance/GE Money Kelly L. Moffatt and Head of the Marketing & Distribution Practice Group Osler, Hoskin & Harcourt LLP Best practices for structuring contests Dealing with the problem of automatic entries in contests Overcoming the challenges of joint account holders Overcoming flaws in contests that can result in complaints or regulatory intervention How to obtain consent for entering into contests Top tips for drafting contest rules and disclosures Skill-testing questions: when are they appropriate and what types of skill-testing questions should be used? Controlling user-generated content in contests: preventing the damage of negative or defamatory content created by users 10:30 Networking Refreshment Break 10:45 Avoiding Complications When Utilizing Trademarks and Copyright Protected Materials in Advertisements Edward T. Fan Torys LLP Navigating the latest rules regarding trademarks and copyright Managing your company s intellectual property: trademarks, copyrights and other IP Taking proprietary rights over user-generated content for contests and promotions - dealing with related IP issues regarding user-generated content Best practices for using online image banks for promotional materials Minimizing legal risks in advertising license agreements with service providers Tips and traps when engaging in comparative advertising

5 Minimizing Risk While Maximizing Advertising Opportunities 11:30 Top Tips for Minimizing Risk when Running Cross Promotions and Marketing ships Speaker to be Announced Evaluating the advantages and disadvantages of engaging in cross-promotions Creating legal safeguards for your company and minimizing legal risk Dealing with relevant privacy obligations Minimizing your exposure to liability 12:15 Chair s Closing Remarks Conference Concludes POST-CONFERENCE WORKSHOP APRIL 30, 2010 (1:00 4:00 p.m.) Minimizing Legal Risks in Loyalty and Rewards Programs Understanding the bases you need to cover when introducing a new loyalty program Top tips for identifying and mitigating legal risks when implementing a loyalty program Best practices for drafting terms and conditions Complying with privacy regulations - collecting and using data compiled through a rewards program - building consumer profiles while protecting privacy - avoiding liability Dealing with third-party co-promotion on loyalty programs Communication tips for points programs - ensuring privacy protections - communicating redemption requirements - ensuring customers understand the rules of points expiration - dealing with third parties on points cancellation WHO SHOULD ATTEND From Financial Institutions - In-House Counsel - Compliance Officers/Managers - Law Clerks - VP/Directors of Marketing Lawyers Who Practice in: - Advertising & Marketing Law - Competition Law Financial Institution & Advertising Regulators The Canadian Institute s Green Initiatives: EFFORTS We print all brochures with The Canadian Institute s Environmentally Tri-Certified (FSC, PEFC, SFI) Print We have reduced paper print and use by more than 25% over the past year We provide webcast options for individuals unable to travel to our events We encourage our delegates to recycle their conference badges What are we doing to reduce the environmental impact of hosting conferences across Canada? PARTNERS The Canadian Institute, in partnership with Zerofootprint, is pleased to announce a program that will allow attendees to contribute to the reduction of carbon emissions associated with our events. For only $5 you can offset your contribution and support tire recycling projects in Canada. For more information visit We also work very closely with all conference venues to reduce, reuse and recycle The Canadian Institute, 2010

6 April 29 30, 2010 Marriott Bloor Yorkville, Toronto The Canadian Institute s forum on Advertising & Marketing Law & Compliance for FINANCIAL INSTITUTIONS Best Practices for Minimizing Risk While Maximizing Advertising Opportunities To expedite your registration, please mention your Priority Service Code 430L10.E REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: In-House Counsel, Compliance Officer, Advertising Lawyer Top Reasons to Attend Learn best practices for advertising & marketing financial products Catch up on the latest legal developments in internet, social media and advertising regulations Receive practical advice for running contests Network with colleagues and experts 5 EASY WAYS TO REGISTER Phone: or Fax: or [email protected] Mail: The Canadian Institute 1329 Bay Street Toronto, Ontario M5R 2C4 Online: STEP 3 STEP 2 STEP 1 CONFERENCE CODE: 430L10-TOR YES! Please register the following delegate for Advertising & Marketing Law & Compliance for Financial Institutions FEE PER DELEGATE Register & Pay by April 1, 2010 Register & Pay after April 1, 2010 Conference (on site) $ % GST = $ $ % GST = $ Conference + Workshop $ % GST = $ $ % GST = $ Live Webcast (Conference Only) $ % GST = $ Conference participants will receive a CD-ROM of the conference materials as part of their registration fee. Please add a copy of the *Conference Proceedings (BINDER) to my order for $195 + $21.95 (S&H) + (applicable taxes) *Published and shipped within 4 weeks from conference I cannot attend but would like information regarding conference materials. Yes, I would like to reduce the environmental impact of my attendance by contributing $5.00 to support tire recycling projects in Canada. CONTACT DETAILS NAME POSITION ORGANIZATION ADDRESS CITY PROVINCE POSTAL CODE TELEPHONE FAX TYPE OF BUSINESS NO. OF EMPLOYEES APPROVING MANAGER POSITION PAYMENT Please charge my VISA MasterCard AMEX NUMBER EXPIRY SIGNATURE I have enclosed my cheque for $ including GST made payable to The Canadian Institute (GST No RT0001 ) For group discounts please call Wire Transfer ($CAD) Please quote the name of the attendee(s) and the conference code 430L10 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Branch #: ADMINISTRATIVE DETAILS VENUE: Marriott Bloor Yorkville ADDRESS: 90 Bloor Street East, Toronto, ON TEL.: Hotel Reservations For information on hotel room availability and reservations, please contact the Marriorr Bloor Yorkville at When making your reservation, please ask for The Canadian Institute s Corporate Rate. Program Materials Conference participants will receive a comprehensive set of conference materials prepared by the speakers, as an excellent reference source after the conference. If you have paid and are unable to attend, the conference materials will be shipped to you upon request only. Request must be received within 30 days upon conclusion of the conference. Payment Policy Payment must be received in full by the conference date to ensure admittance. All discounts will be applied to the Conference 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 individuals employed by the same organization. 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 conference 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 conference 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 conference date. The Canadian Institute reserves the right to cancel any conference 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. Incorrect Mailing Information To advise us of changes to your contact information, please send amendments by Fax to or us at Data@ CanadianInstitute.com or visit our website and click on update your customer information.