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January 19 – 20, 2016 | Marriott Bloor Yorkville | Toronto
REGISTER NOW | 1-877-927-7936 | www.CanadianInstitute.com/adlaw
@CI_Legal #ciadlaw The Canadian Legal Network
The Canadian Institute’s 22nd Annual
advert i s ing andm a r k e t i n g l a wDigital Marketing Compliance in a Connected World
Focus on the Cutting Edge Digital Marketing and Privacy Issues for 2016, such as:
• The future of Programmatic and Online Behavioural Advertising in Canada, including newly developed guidelines for marketers, and how Big Data is changing the industry
• Why privacy compliance is the next big challenge for advertisers, and new priorities for investigation under PIPEDA
• The latest update from the Competition Bureau on pricing, performance and misleading advertising claims, with a discussion of future enforcement trends
• The new frontier of Native Advertising, and how to minimize risk while maximizing results using endorsement, sponsorship and third party marketing in a digital world
• New methods to engage consumers and reach broader markets by leveraging social media and advanced mobile technologies
This year focus your learning with an opportunity to choose from 8 Specialized Sessions, including Advertising in Quebec, Talent Agreements,
Marketing for Food, Drug & Health Products and more!
Chairs:Bill HearnPartnerFogler Rubinoff LLP
Maria TeslaVice President & General CounselCanon Canada Inc.
Keynote Address: Digital Marketing in a Connected World — How Everything Must Change to Stay the Same
Chantal BernierCounselDentons LLPFormer Interim Privacy Commissioner of Canada
This conference will count toward CPD hours for lawyers in various provinces.
This conference may count toward continuing education hours for various professions.
Please see inside for details
Supported by:
OUR OUTSTANDING FACULTY:Co-Chairs: Keynote Speaker:
Bill HearnPartnerFogler Rubinoff LLP
Maria TeslaVice President & General CounselCanon Canada Inc.
Chantal BernierCounsel, Dentons LLPFormer Interim Privacy Commissioner of Canada
Speakers:
Anita BanicevicPartnerDavies Ward Phillips & Vineberg LLP
Kathleen BrownVice President & General CounselOmnicom Canada Corp.
Ian ClarkeCounselCompeti ti on Bureau of Canada
Josephine CoombeSenior Vice President, Sales & Marketi ngBullfrog Power Inc.
Aldo CundariChairman & CEOCundari Group Ltd.
Michael DavenportVice President & Associate General Counsel, Retail & Commercial BankingScoti abank
Simon DermerManaging DirectoreSSENTIAL Accessibility Inc.
Antonio Di DomenicoCounselCompeti ti on Bureau of Canada
Eric DufourPartnerMiller Thomson LLP
Brian D. FergemannPartnerWinston & Strawn LLP (Chicago)
Lorraine M. FleckLawyer & Trademark AgentFleck & Chumak LLP
Fabien FourmanoitSenior Legal CounselBCE
Lynn GuthrieLegal CounselShoppers Drug Mart
Kelly HarrisAssociateMiller Thomson LLP
Elisa HenryLawyer & Trade Mark AgentMcMillan LLP
Brent HomanDirector General, PIPEDA Investi gati ons BranchOffi ce of the Privacy Commissioner of Canada
Anuradha IyerLegal CounselTD Bank Group
Adam KardashPartnerOsler, Hoskin & Harcourt LLP
Nita KhareLegal CounselLoblaw Companies Ltd.
Karen D. LevinLegal CounselRogers Communicati ons
Albert LukVice-President, Legal & StrategyJumbleberry
Patrizia Marti noLegal CounselTD Bank Group
Marc McAreePartnerWillms & Shier LLP
Ryan MillsAssistant General CounselAIMIA Inc.
Amy MudgePartnerVenables LLP (Washington)
James B. MusgrovePartner, Co-Chair of Competi ti on & Anti -TrustMcMillan LLP
Linda J. NagelPresident & CEOAdverti sing Standards Canada
Mark D. PennerPartnerFasken Marti neau DuMoulin LLP
Brenda PritchardPartnerGowlings LLP
John RatchfordPrincipal & General CounselNavigator Ltd.
Todd RubackChief Privacy Offi cer & VP Legal Aff airsGhostery Inc.
Richard SabbaghSenior CounselBCE
Kelly ZalecLegal CounselRogers Communicati ons
Why Should You Attend?� Get the latest updates on key privacy issues facing marketers and
marketi ng lawyers, including PIPEDA investi gati on prioriti es for 2016 from the Offi ce of the Privacy Commissioner of Canada
� Learn about the latest developments in programmati c and online behavioural adverti sing from leading industry professionals, and how Big Data is changing the way companies reach their target markets
� Hear from Competi ti on Bureau lawyers about recent enforcement acti ons, and what they will be focusing on in the year to come
� Understand the nuanced world of nati ve adverti sing, and how to advise your clients when the landscape is constantly shift ing
� Benefi t from the experience of top liti gators who are acti ve in arguing pricing & performance claims, and hear their expert ti ps on how claims can be supported and challenged
� Gain insight from leading American practi ti oners into the trends and decisions that are shaping adverti sing law south of the border: how are pricing, performance and privacy issues being addressed diff erently, and what can Canadian professionals take away?
� Minimize risk when negoti ati ng sponsorships and other third-party agreements
� See how leading agencies are using digital technology to engage consumers, and the unique legal pitf alls that arise with online marketi ng
� Tailor your own program to your practi ce and interests — choose from a variety of targeted, advanced sessions to maximize your learning, such as:
- A focus on developments impacti ng adverti sing in Quebec
- Industry-specifi c insights for fi nancial insti tuti ons and food, drugs & health products
- How to manage communicati on between creati ve and legal, and how to eff ect damage control when things go wrong
- Making the most of green marketi ng for all industries
- Using technology when marketi ng to people living with disabiliti es
Who Should Attend?• In-House Counsel from all industries
• Lawyers in private practi ce, including:
- Marketi ng & Adverti sing
- Competi ti on
- Privacy
• Law Clerks & Paralegals
• Privacy Offi cers, CASL Compliance Offi cers
• Directors, CEOs, VPs, and Managers of:
- Compliance
- Adverti sing
- Marketi ng
- Promoti ons
- Public or Consumer Relati ons
- Online/Social Media
7:15 Registration Opens and Refreshments are Served
8:15 Opening Remarks from the Co-Chairs
Bill HearnPartnerFogler Rubinoff LLP
Maria TeslaVice President & General CounselCanon Canada Inc.
8:30 Digital Marketing in a Connected World — How Everything Must Change to Stay the Same
Chantal BernierCounselDentons LLPFormer Interim Privacy Commissioner of Canada
9:00 Digital Privacy and Enforcement — PIPEDA Investigation Priorities
Brent HomanDirector General, PIPEDA Investigations BranchOffice of the Privacy Commissioner of Canada
KEYN
OTE
AD
DRE
SS
• What marketing lawyers and professionals need to know about the Digital Privacy Act and shifting compliance priorities
• Do marketers and their counsel need to worry about data breaches?
• How do recent cases impact your day-to-day marketing practice?
• Enforcement and investigation trends for 2016
9:45 Programmatic Advertising and Big Data — Meet the Future of Online Marketing
Albert LukVice-President, Legal & StrategyJumbleberry
• How is data and advertising “bought and sold” for the online market- How does targeted advertising work?
• Search engine optimization and other campaign targeting strategies
• What is Big Data, and what does it mean for the future of online marketing?- The automation of targeted advertising
• The growing role of data collection and predictive analytics and what this means for marketing spend and priorities
• Changing methods of attribution in digital marketing — going beyond “last click” attribution
10:30 Networking Refreshment Break
@CI_Legal #ciadlawJoin the Conversation The Canadian Legal Network
10:45 Online Behavioural Advertising (OBA) Guidelines
Todd RubackChief Privacy Officer & VP Legal AffairsGhostery Inc.
Adam KardashPartnerOsler, Hoskin & Harcourt LLP
Linda J. NagelPresident & CEOAdvertising Standards Canada
• What is the current regulatory climate regarding Online Behavioural Advertising?- Search Engine Optimization- Cookies, interest-based advertising,
and other ways of targeting consumers- Opt-out requirements
• Is Self-Regulation the answer? The Digital Advertising Alliance of Canada and the AdChoices Program
• The role of Advertising Standards Canada in program compliance
• Real examples from recent cases and findings
11:45 The American Position on OBA and Protecting Privacy — What Canadians Can Learn• Self-Regulation vs. Legislation — the FTC
position on data collection and data brokers in marketing
• What can Canadian marketers glean from the American experience with self-regulation?
12:30 Networking Luncheon for Speakers and Delegates
PAN
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DAY 1 || TUESDAY, JANUARY 19, 2016
SPONSORSHIP & EXHIBITION OPPORTUNITIESMaximize your organization’s visibility in front of key decision-makers in your target market. For more information, contact Director of Business Development Daniel Gellman at 416-927-0718 ext. 7389, toll-free 1-877-927-0718 ext. 7389 or by email at [email protected]
Register at 1-877-927-7936 (416-927-7936) or www.CanadianInstitute.com/adlaw
1:30 Marketing Online Using Talent, Endorsements and Sponsorship
Kelly HarrisAssociateMiller Thomson LLP
• Union agreements — Dealing with actors’ and players’ unions
• Avoiding risk when preparing talent or sponsorship agreements — what terms should be included?
• How do you determine value for online endorsement and marketing agreements?
• Managing liability for statements and representations
1:30 Speaking “Quebecois”: New Language Laws, Advertising to Children, Contests, and more…
Elisa HenryLawyer & Trade Mark AgentMcMillan LLP
Fabien FourmanoitSenior Legal CounselBCE
• Examining the intersection of language and social media marketing
• An update on recent decisions regarding advertising to children
• Online vs Offline contests in Quebec• Latest updates on using registered trademarks
in a retail context
SESSION A
SESSION B
2:15 Managing the Creative Relationship
Kathleen BrownVice President & General CounselOmnicom Canada Corp.
Kelly ZalecLegal CounselRogers Communications
Richard SabbaghSenior CounselBCE
• Handling communications between Creative and Legal — tips from seasoned practitioners
• Making a “No” sound more like a “Yes” by offering creative solutions
• How to discuss risk with your clients when a competitor has “gotten away” with something problematic
2:15 Advertising Food, Drugs & Health Products
Lynn GuthrieLegal CounselShoppers Drug Mart
Nita KhareLegal CounselLoblaw Companies Ltd.
• Ontario Food Labelling Law Update- What do marketers need to know- Will other provinces be implementing similar
labelling regulations?• Considering medical marijuana in light of the
changing legal and cultural climate• Marketing pharmaceuticals and health products
- Unique issues respecting performance claims and endorsements
3:00 Networking Refreshment Break
SESSION A
SESSION B
3:15 Damage Control and Brand Management — What to do When Things Go Wrong
John RatchfordPrincipal & General CounselNavigator Ltd.
James B. MusgrovePartner and Co-Chair of Competition & Anti-Trust GroupMcMillan LLP
• How to best manage risk when something does not go according to plan, whether you represent an agency or a brand
• Looking after number one — how to protect yourself and your business when you gave good advice but it went unheeded
3:15 Advanced Marketing for Financial Institutions
Michael DavenportVice President & Associate General Counsel, Retail & Commercial BankingScotiabank
Patrizia MartinoSenior CounselTD Bank Group
Anuradha IyerLegal CounselTD Bank Group
An advanced session looking at the marketing and advertising challenges faced by financial institutions, and how practitioners have found creative solutions. An industry-focused discussion of how social media and mobile payment technology are changing the way financial institutions advertise.
SESSION A
SESSION B
BUILD YOUR OWN AFTERNOON PROGRAM FROM THE FOLLOWING SESSIONS:
4:00 Using Accessibility Technology to Reach Audiences with Disabiliti es and Build Brand Loyalty
Simon DermerManaging DirectoreSSENTIAL Accessibility Inc.
• How technology is increasing the potenti al to reach individuals with disabiliti es
• Accessibility on mobile and social media for the visually and hearing impaired
• Compliance guidelines for media campaigns and mobile technologies — what Canadian marketers need to know for the future
4:00 Green Marketi ng
Josephine CoombeSenior Vice President, Sales & Marketi ngBullfrog Power Inc.
Marc McAreePartnerWillms & Shier LLP
• Greenbiz and Getti ng to Market — What It Takes to Go Green and Limit Liability
• How to meet consumer expectati ons about sustainable products while avoiding claims of “greenwashing”
4:45 Closing Remarks from the Co-ChairsConference Adjourns
SESSION A
SESSION B
DAY 2 || WEDNESDAY, JANUARY 20, 2016
8:15 Refreshments are Served
8:45 Opening Remarks from the Co-Chairs
9:00 Using Nati ve Adverti sing and Endorsements in Online Campaigns
Brenda PritchardPartnerGowlings LLP
• Managing risk when using testi monials and endorsements on social media
• Nati ve adverti sing and “infl uencers” online — what counsel needs to know
• Disclosure requirements and mobile adverti sing — small screen challenges and soluti ons
• What to do about false reviews• Managing representati ons on social media
from infl uencers and brand representati ves — when does subtle adverti sing or support need to be disclosed?
9:45 Update From the Competi ti on Bureau
Ian ClarkeCounselCompeti ti on Bureau of Canada
• Recent decisions and current enforcement prioriti es- Consent agreements and other acti ons taken
• Trends for 2016 and beyond
10:15 Networking Refreshment Break
10:30 Recent Pricing Cases and Performance Claims, Enforcement and Trends
Ian ClarkeCounselCompeti ti on Bureau of Canada
Antonio Di DomenicoCounselCompeti ti on Bureau of Canada
Anita BanicevicPartnerDavies Ward Phillips & Vineberg LLP
Eric DufourPartnerMiller Thomson LLP
Misleading adverti sing, performance, and pricing claims have been the subject of signifi cant enforcement acti on and investi gati on from the Competi ti on Bureau. Join us for a discussion of the latest guidance and best practi ces based on the cases, acti ons and investi gati ons undertaken in 2015.
• When is a representati on a “performance claim”? How do you determine the “general impression” of an adverti sement?
• What type of support do you need for your claim?
• Is the price right? Practi cal ti ps and common pitf alls for pricing
• What can you do about your competi tors’ claims?
• Hypotheti cal examples involving complex issues — advising on grey areas and diffi cult situati ons
DIS
CUSS
ION
PER
IOD
@CI_Legal #ciadlawJoin the Conversati on The Canadian Legal Network
Join our email list to receive exclusive discounts and program updates at canadianinstitute.com/elist
Register at 1-877-927-7936 (416-927-7936) or www.CanadianInstitute.com/adlaw
11:30 The American Experience — Case Studies and Examples from the Federal Trade Commission
Amy MudgePartnerVenables LLP (Washington)
Brian D. FergemannPartnerWinston & Strawn LLP (Chicago)
• A discussion of some recent cases from the FTC and the American position on disclosure in online advertising
• How does the American treatment of performance and pricing claims differ from the Competition Bureau?
• What can Canadians glean from recent decisions and the self-regulation experience in the United States?
12:15 Networking Luncheon for Speakers and DelegatesAldo CundariChairman & CEOCundari Group Ltd.Author, “Customer-Centric Marketing: Build Relationships, Create Advocates, and Influence Your Customers”
1:15 CASL Update and Enforcement Trends — A Different Beast in 2016?
David ElderPartnerStikeman Elliott LLP
David YoungPrincipalDavid Young Law
LUN
CHEO
N S
PEA
KER
Antonio Di DomenicoCounselCompetition Bureau of Canada
• How has the enforcement of CASL in the past year differed from expectations, and what have we learned about compliance?
• Best practices, tips and techniques for simplifying compliance
• New guidance on implied consent• How does Industry Canada work in conjunction
with the CRTC with respect to CASL enforcement
2:00 Modern Co-Marketing Partnerships — Loyalty Programs, Sponsorship and Other Third Party Arrangements
Ryan MillsAssistant General CounselAIMIA Inc.
Karen D. LevinLegal CounselRogers Communications
• Understand the benefits and drawbacks of marketing partnerships for social media and online campaigns
• Manage attribution of costs and risks, and properly assess value in co-branding ventures
• Minimize risk for your client or company• Handle information and privacy issues
effectively when marketing with third parties
2:45 Networking Refreshment Break
3:00 Intellectual Property Meets Online Marketing
Mark D. PennerPartnerFasken Martineau DuMoulin LLP
Lorraine M. FleckLawyer & Trademark AgentFleck & Chumak LLP
• The intersection of Intellectual Property Law and Marketing — what you need to know about trademarks and fair use
• Using images in marketing campaigns — when do you need a release from the subject?
• Rights to user-generated content from contests and other campaigns- How to “repurpose” creative content without
running afoul of the law• 2016 Olympics and ambush marketing
3:45 Interactive Marketing and Online User Engagement
Catherine BatePartnerMiller Thomson LLP
Companies are spending an increasingly large share of their marketing budgets on social media and other digital marketing campaigns!
• How are agencies using technology to engage consumers in new and exciting ways
• How advertisers and social media outlets work together to reach a specific market
• Running contests, sweepstakes and promotions through social media — what changes, what stays the same
• Using influencers in conjunction with a contest or promotion
• Games of chance and online gambling
4:30 Closing Remarks from the Co-Chairs Conference Concludes
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January 19 – 20, 2016 | Marriott Bloor Yorkville | Toronto
January 19 – 20, 2016 | Marriott Bloor Yorkville | Toronto
The Canadian Institute’s 22nd Annual
advert i s ing and m a r k e t i n g l a wDigital Marketing Compliance in a Connected World
Top Reasons to AttendGet the latest updates on key privacy issues facing marketers and lawyers, including PIPEDA investi gati on prioriti es for 2016 from the Offi ce of the Privacy Commissioner of Canada
Hear from Competi ti on Bureau counsel about recent enforcement acti ons, and where they will be focusing in 2016
Benefi t from the experience of top liti gators who are extremely acti ve in arguing pricing & performance claims, and get expert insight on how claims can be supported and challenged
Learn from leading American practi ti oners about trends and decisions shaping adverti sing law south of the border — how are pricing, performance and privacy issues being addressed diff erently, and what can Canadian professionals take away?
See how leading agencies are using digital technology to engage consumers, and the unique legal pitf alls that arise with online marketi ng
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ATTENTION MAILROOM: Ifundeliverabletoaddressee,pleaseforwardto:ManagingPartner,Counsel,MarketingManager,Director/ManagerofCompliance
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PARTICIPATING ORGANIZATIONS INCLUDE:Offi ce of the Privacy Commissioner of CanadaCompeti ti on Bureau of Canada
Adverti sing Standards CanadaBell CanadaLoblaw Companies Limited
Rogers Communicati onsShoppers Drug MartDentons LLP
Fogler Rubinoff LLPFasken Marti neau LLPGowlings LLP
Davies Ward Phillips & Vineberg LLPMiller Thomson LLP
The Canadian Institute’s 22nd Annual
advert i s ing andm a r k e t i n g l a wDigital Marketing Compliance in a Connected World