Hot Topics in Advertising 2012: Regulation

Synopsis

This program covers recent developments in the regulation of companies and enforcement of laws governing advertising and marketing; including actions by the U.S. Federal Trade Commission against advertisers for false or misleading claims. The panel features experts on Internet privacy, broadcast network policy, patents, trademarks and the courts. Discussion includes actions by a variety of U.S. regulatory agencies, with a brief overview of evolving international laws and their potential effect on American companies conducting business abroad.


 

Outline

I. Hot Topics in Advertising 2012: Regulation 
    A. Ad Substantiation 
        1. Accuracy of Claims 
        2. What is the FTC "Up To?" 
        3. In the Matter of POM Wonderful LLC 
        4. Bad News for Advertisers 
    B. Privacy 
        1. On-Line Privacy 
        2. FTC Settlement Agreements 
        3. Enforcement By Other Agencies 
        4. International Privacy Regulations 
    C. Broadcasting 
        1. Commercial Clearance Process 
        2. Evolving Standards for Advertisers 
        3. The Challenge Process 
    D. Trolls 
        1. Patent Trolls 
        2. Trademark Trolls 
        3. The Trademark Registration Game 
        4. Fighting the Trolls 
        5. Sanctions and Insurance



Content Provided
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The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.

 





Speakers / Authors:

Photo of Darren A. Bowie

Darren A. Bowie
American International Group, Inc.

Darren A. Bowie is the Chief Privacy Officer and Assistant General Counsel at American International Group, Inc. (AIG). Mr. Bowie is responsible for developing and managing AIG's global privacy program and advising AIG and its businesses on privacy and data security legal and compliance matters.

Before joining AIG, he served as Legal Director for North America at Nokia, where he managed the legal group that supports Nokia's business in the United States and Canada. Prior to Nokia, Mr. Bowie was Assistant General Counsel at AOL. Mr. Bowie began his career at the Federal Trade Commission, where he served in a number of positions, including as legal advisor to Chairman Timothy J. Muris. Mr. Bowie is a recipient of the FTC Distinguished Service Award and the FTC Louis D. Brandeis Outstanding Litigator Award.

Mr. Bowie is a member of the New York City Bar Association Consumer Affairs Committee. He also is a member of the Board of Directors of the Westchester County, New York-Southern Connecticut chapter of the Association of Corporate Counsel. He was a contributor to Consumer Protection Law Developments (ABA Section of Antitrust Law 2009), and an editor of FTC Practice and Procedure Manual (ABA Section of Antitrust Law 2007). Mr. Bowie is a Certified Information Privacy Professional (CIPP).

Mr. Bowie graduated from the University of Pennsylvania Law School, where he was an editor of the Journal of International Business Law. He graduated with high honors from the College of William and Mary, where he was a member of Phi Beta Kappa. 
 

Photo of Leonard Gordon

Leonard L. Gordon

Leonard Gordon is a partner in Venable LLP’s Antitrust and Advertising and Marketing groups. An experienced litigation attorney, Mr. Gordon has more than 20 years of experience in government and private practice.

Prior to joining Venable, Mr. Gordon spent seven years at the Federal Trade Commission, most recently as the Regional Director for the Northeast Regional Office in New York City. At the FTC, Mr. Gordon managed the Northeast Regional Office in matters including case selection; case management; and supervision of all attorneys, investigators and support personnel. He served as the liaison to the Bureau of Competition, Bureau of Consumer Protection, and other law enforcement and community groups. He is admitted to practice in the District of Columbia, Maryland and New York.

In private practice, Mr. Gordon has represented manufacturers, retailers, service providers and financial institutions in state and federal courts, arbitration and mediation, as well as before the Federal Trade Commission, the Securities and Exchange Commission and in Department of Justice investigations. He has also represented physicians and drug manufacturers in medical malpractice and pharmaceutical products liability litigation.

Mr. Gordon graduated with a B.A. from George Washington University in 1985 and earned his J.D., with honors, from George Washington University Law School in 1988.

Photo of S. Zev Parnass

S. Zev Parnass

S. Zev Parnass is Vice President and Associate General Counsel with Publicis USA; an affiliate of Re:Sources USA. Prior to joining Publicis USA he was in the Litigation Group of Debevoise & Plimpton LLP from 2003-2011.

Mr. Parnass is admitted to practice in U.S. District Courts, including the Southern and Eastern Districts of New York and the District of New Jersey.
He is the co-author of Analysis of Spine Morphological Plasticity in Developing Hippocampal Pyramidal Neurons and graduated summa cum laude from Columbia University in 2000, where he was elected to Phi Beta Kappa, with degrees in Neuroscience and Economics.

Mr. Parnass was a Harlan Fiske Stone Scholar at Columbia Law School, where he received his J.D. in 2003.

Photo of Chrysse Spathas

Chrysse Spathas

Chrysse Spathas is Vice President of Broadcast Standards & Practices at ABC. Prior to joining ABC she was an Associate Director at the National Advertising Division of the Council of Better Business Bureaus, which she joined in 1992 as an Advertising Review Specialist. At NAD she focused on consumer goods, cosmetics, dietary supplements/nutritional foods, and over-the-counter and prescription drugs.

Ms. Spathas is a registered pharmacist and has held a number of positions in pharmacy practice, particularly in community and hospital pharmacy services at Mount Sinai Hospital of Queens.
Prior to joining NAD, she spent two years working in the Litigation Department of American Home Products Corporation, where she dealt with issues such as product liability, regulatory affairs and employment law.

Ms. Spathas earned her law degree from Brooklyn Law School and a B.S. in Pharmacy from Long Island University’s Arnold & Marie Schwartz College of Pharmacy and Health Sciences. 

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Details

Course Code : 773113

Release Date: 5/24/2013 12:00:00 AM
Recorded Date: 10/17/2012
Length: 1hr 26min

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