Time

Panel

Presenters

9:30-10:15 am

State Privacy Law Updates

2023 saw a flurry of activity across the states, with new omnibus data privacy laws, kids and teens data laws, and sector-specific laws now on the books. 2024 shows no sign slowing. Rob Hartwell will take you “around the country” to discuss the state-level patchwork of privacy laws, predict what will happen next, and help data-driven businesses navigate it all.

Rob Hartwell

10:15-11:00 am

Navigating the Maze: Current Trends in FDA, FTC, and State Regulations on Product Claims

Join us for an enlightening discussion that delves into the latest developments and challenges in the realm of product claims and social media, as governed by the FDA, FTC, and state regulatory bodies. Todd Harrison will provide insights into effective strategies for claim substantiation and ensuring compliance in the rapidly evolving digital landscape. We will explore recent enforcement actions and litigation trends, offering practical guidance on how to navigate these complex regulations.

Todd Harrison

11:05-11:50 am

Complying with the Continually Changing Requirements for Automatic Renewal Programs

Federal and state laws surrounding automatic renewal programs change so frequently, staying on top of the legal requirements can be a full-time job. Every year, a dozen state laws are passed or amended, with private plaintiffs and state regulators in California and New York actively enforcing new laws and amendments. The Federal Trade Commission continues to bring actions under the Restore Online Shoppers’ Confidence Act and is attempting to expand the Negative Option Rule to impose technical disclosure, consent, and cancellation requirements. Join Venable’s Autorenewal Solutions Team (VAST) attorneys Ari Rothman and Shahin Rothermel, who will discuss new requirements, enforcement trends, and how to avoid a challenge.

Ari Rothman, Shahin Rothermel

11:50 am-12:05 pm

Get Lunch

12:05-12:50 pm

Lunch Session – Substantiation on Steroids: Developing and Defending Effective Aggressive Advertising Campaigns

Claiming your product is the best on the market or superior to a competitor’s product? These aggressive claims require strong substantiation. Join Roger Colaizzi, Mary Gardner, and Venable Blue’s Hemu Nigam to discuss substantiation standards and creative solutions to hone a targeted narrative for your direct comparative advertising campaigns.

Roger Colaizzi, Mary Gardner, Hemu Nigam

12:50-1:35 pm

“It’s Not Easy Being Green”: Marketing Environmental and Green Claims

Consumers are increasingly interested in products and services that tout reduced environmental harms or promote environmental benefits. In tandem, state and federal regulators, as well as the plaintiffs’ bar, are actively examining and questioning these green claims, particularly as they relate to carbon offsets, recycling, renewable energy, and biodegradable or bio-based products. Additionally, the Federal Trade Commission is on the precipice of issuing its updated Green Guides, which will likely expand regulatory enforcement. Join Len Gordon and Kaelyne Wietelman as they outline the current legal landscape, break down substantiating green claims, and make predictions on what is to come.

Len Gordon, Kaelyne Wietelman, Laura Brett

1:35-1:45 pm

Coffee Break

1:45-2:30 pm

Pricing in the Cost of Compliance

Nothing should be more straightforward than pricing your company’s goods and services. Yet the Federal Trade Commission and other regulators are taking a fresh look at how businesses present and disclose all aspects of pricing. By understanding regulators’ new expectations regarding fee disclosure, add-on services, and consumer consent, businesses will be better equipped with the knowledge and tools to build consumer trust and avoid costly compliance pitfalls. Join Ellen Berge and Jay Prapaisilp, who will unpack legal requirements and how to navigate the new federal and state regulatory regimes, and explore best practices to ensure compliance.

Ellen Berge, Jay Prapaisilp

2:30-2:50 pm

QUICK HIT!

The Lanham Act Wrap-Up: An Update on Recent Developments in False Advertising Law

Every year brands discover more ways to find themselves entangled with their competitors over the metes and bounds of what is appropriate conduct in their advertising. Join William Lawrence for an intriguing update on the most salient developments in federal advertising law in the past year.

William Lawrence

2:50-3:00 pm

Snack Break

3:00-3:45 pm

CHOOSE YOUR OWN ADVENTURE: A Marketing Campaign for the Books!

It’s time to change things up and put YOU in charge! Join Melissa Steinman and Shannon Sansom for an exciting session where you’ll get a chance to help choose what happens as we discuss a variety of promotions and social media/online marketing issues in the context of counseling a fictional client with an idea for a global, multimedia marketing campaign—a campaign that includes a competition for NFT prizes, a sweepstakes, donations to charity, influencer participation, lead generation, and the use of cartoon characters in the ads. The crucial counseling choices you make could send you and the company on an adventure that earns millions in sales and new customers. But beware! An investigative demand or subpoena from a regulator in the U.S. or another country, exposure to class action litigation in multiple jurisdictions, and business and financial exposure may lie ahead. The choice is yours!

Melissa Steinman, Shannon Sansom

3:45-4:10 pm

QUICK HIT!

Texting and Telemarketing Laws: Recent Federal and State Updates

With a new year come new updates for organizations using calls or text messages to drive business. Regulators such as the Federal Communications Commission and the Federal Trade Commission have ratcheted up their focus on lead generators. Furthermore, challenges under the Telephone Consumer Protection Act and state laws continue at a steady pace. Join Liz Clark Rinehart and Michael Munoz as they provide a quick update on what’s been happening and what to look out for.

Liz Clark Rinehart, Michael Munoz

4:10-5:00 pm

Lawyers and AI: Ethics Traps for the Unwary

The easy accessibility and use of generative AI (like ChatGPT, Bard, and Copilot) belie the ethical complexities it presents for lawyers. We have duties of confidentiality, competence, and truthfulness. We can face public censure and even lose our licenses to practice law if we breach these duties. AI presents great opportunities (in conducting our own practices and as a source of new business with current and new clients), but it also presents special risks for lawyers that we need to understand. Join Eric Prager and Micah Wallen to learn more about how to avoid ethics problems as you explore the use of this new technology.

Eric Prager, Micah Wallen

5:00 pm

Closing Remarks and Networking Reception