June 18, 2020
Frankfurt Kurnit’s Fifth Annual (Now “Virtual”) Advertising Law Summit
We will fill your screen with thought leaders from the FTC and our own ranks to tackle the most challenging legal and business issues facing advertisers today. Our aim is to update you on the latest legal developments and provide practical insights you can use to help your marketing clients execute cutting-edge marketing campaigns with lower risk. In lieu of lunch and cocktails, we will deliver up to 4.5 tasty New York and California CLE credits. This complimentary program is offered exclusively to Frankfurt Kurnit clients and friends.
Advertising Year in Review
Jeff and Lesley will provide their annual update on the most important FTC cases and other advertising-related developments. They’ll talk about influencers and endorsers, online disclosures, “made in USA” claims, substantiation, pricing claims, multi-million dollar settlements, the breadth of FTC’s enforcement authority, including enforcement against ad agencies and others, COVID-19 enforcement, and other hot topics. Presenters: Lesley Fair, Senior Attorney, Federal Trade Commission and Jeffrey A. Greenbaum
Marketing Regulations You Forgot About…Until Now
With many worried customers shopping at home, it’s a good time for marketers to re-familiarize themselves with important regulations governing their practices. Regulators, class action lawyers and consumers are paying attention. This program will cover key regulations and enforcement in the following areas: email marketing; auto-renew subscription programs; pricing; refund policies and practices; and shipping rules. Presenters: Terri Seligman and Hannah Taylor
“Your Make Up Is Terrible”: What Drag Queens Can Teach Advertising Lawyers About IP Protection
An advertising lawyer can learn a ton from drag queens about the law (not to mention life). In this session, we will use the sublime art of drag as our muse to explore IP protection and clearance issues arising from the production of advertising. Topics include protection for characters, choreography, fashion, make-up designs, tattoos, memes, and other artifacts; clearance issues for live musical performances; and fair use of the detritus of popular culture. Presenters: Brian G. Murphy and Kimberly Maynard
Production Junction, How To Function
The Nuts and Bolts of Production in the Time of COVID-19. There are many obstacles to overcome in order to produce advertising while working remotely. Where to produce? How to produce? This session will address various ways to avoid liability and produce effective advertising during the COVID-19 pandemic. From producing at home to producing outside the home, we will discuss overcoming the challenges that companies face when trying to produce compelling advertising, including SAG issues, releases, agreements with third parties and how best to allocate risk during these uncertain times.
Data Security in Remote Production. In the COVID-19 era, brands, agencies, and production companies are wrestling with privacy and data security in commercial productions. The new environment and technical challenges are leading to an attempted re-allocation of responsibilities between the participants. Commercials are being created with remote film crews or self-shot on mobile devices. Even minimal editing is occurring on talent laptops. What is the right allocation of obligations and risks in this situation? What technologies should we be suggesting to each of the parties involved and how does insurance affect our operations? Presenters: Candice Kersh and S. Gregory Boyd
Marketing and Media Contracts in the News
As marketing and media attorneys, we regularly deal with interesting matters – but rarely does our transactional work make the news. However, over the past year or so, several disputes covering specific contractual clauses in the marketing and media industry have been on public display. In this session, we will review recent disputes addressing morals clauses, the right of first refusal, grant of rights and representations as to assets granted, and force majeure. We’ll review the particular contract clause and how the parties and/or court analyzed these clauses – and perhaps learn from the mistakes of others.
Presenter: Christopher Chase
New York CLE Credit:
This program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 4.5 credit hours in Areas of Professional Practice. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).
California MCLE Credit:
This program has been approved in accordance with the requirements of the California MCLE Board for a maximum of 4.5 General Participatory Credits. (Note: The content of this course is appropriate for both newly admitted and experienced attorneys (non-transitional and transitional)).