The 40th Annual Marketing Law Conference was held in Chicago last week and put on by the ANA (Association of National Advertisers). I was again able to attend which I’ve been doing now for over 20 years, but not every year. This association acquired the BAA (Brand Activation Association) back in 2014, which had changed it’s previous name from PMA (Promotional Marketing Association). So there are now many new team members, but most of the sponsors have remained the same and now presenting a wider range of content and technologies.

This year’s conference was titled “Upping Your Game: Pragmatic Business and Compliance Strategies” and featured another full agenda with more than 135 speakers, 65 sessions, and 15 roundtables. Day one of the Conference kicked off at the downtown Chicago Marriott at 1 pm on November 7 with several breakout sessions. Like the conference two years ago, it started the day after Election Day, this year the difference being midterm elections vs. a presidential election. During Dan Jaffe’s presentation Friday morning, Legislative Year in Review, he spoke a little about the results of this year’s election and cited how many women we elected to Congress and to state positions which received a huge round of applause from the audience.

I arrived in Chicago early on the first day of the conference and was able to attend one of the first breakout sessions, “The Basics of Promotion, Sweepstakes, Contests and Gaming”. Even though I do know most of the basics, it was a great overview and refresher that was presented by Barry Benjamin, Partner at Kilpatrick, Townsend & Stockton, LLP. I also attended the next breakout on Alcohol Industries which, since we have many alcohol beverage clients, provided me with a great amount of background as to how the industry has been regulated. That evening started out with another welcome cocktail reception which is always a great networking event to see familiar faces and meet new ones.

Then on Day 2 Thursday, after several Breakfast Roundtables that we had the choice of attending, Ed Kaback, Co-Chair of the event and team member since the PMA days, greeted us with his welcoming remarks.  Bob Liodice, the other Conference Co-Chair, followed with his opening remarks presentation that included an extended version of the Extra Spearmint chewing gum love story commercial from the Wrigley Company as well as the inspirational father-daughter relationship commercial from Windex which had many of us in the audience on the verge of tears. Bob stressed in his remarks that even though many of us attendees are from different industries and are lawyers, government regulators as well as us advertising agency folks, that “Growth is the key to all of us no matter what business we are in”.

Linda Goldstein, a Partner and Head of the Advertising, Marketing and Media practice at BakerHostetler in New York again delivered her annual industry review on the morning of Day 2. Linda was joined onstage this year by Amy Mudge, Co-Leader at the firm. Their presentation was titled “A Year in Review, Sweepstakes, Contests, Privacy, Digital and Social Media”. Linda opened up stating that by 2020 50% of all searches will be voice. Marketers need to up their game because games are now involving more and more people. The video part of their presentation involved a fictitious game called HiQ 15 which was similar to the HQ Trivia game app. In the HiQ 15 game participants had minutes to play at a certain time each day in which they had to answer 12 questions correctly and whoever had the highest score was a winner. But as the game evolved, it added sponsors and advertisers who were collecting data of participants without their consent and also influencers who were not fully disclosing that they were being paid to promote a brand or product. The topics of both consumer data and privacy and well as influencer marketing and endorsement guidelines were all a big part of what was discussed throughout this year’s conference.

Friday was the final day of the conference and Ron Urbach, Chairman & Co-Chair of Advertising, Marketing & Promotions Practice Davis & Gilbert LLP, was back for the morning’s general session with another highly entertaining presentation. This year’s title, “PURSUIT OF “TRUTH” IN ADVERTISING”, tied very much into what we have been experiencing in politics with the media and the continuous use of the term “Fake News!” and also how the social network platforms have been used to spread some real fake news. His video presentation included a journey into a world where what was true and what was not was very blurred. It asked the question, “What is Truth?” and overall is the good of what social media has provided us outweigh the bad? Today social media is much more then just the platforms that deliver it to us. Consumers have become more and more the providers of this content. We need to remember that social media is still only 10 years old, so it’s still in its infancy. Ron asked if the advertising industry in general will be regulated more in the future to determine what is fiction and what is fact. He ended with this hashtag, #StandForTruth.

It was a very informative and fun three days in Chicago. So thanks to all who put on another great conference. Ed Kabak said that they had record breaking attendance with about 850 attendees. The big news is that after many, many years of having the conference in Chicago, next year it will be in San Diego, Nov. 4 -6, 2019, at the Marriott Marquis. Quite a bit difference from November weather in Chicago.

This year I stayed over an extra night till Saturday in order to meet up with my daughter, Alex, and her boyfriend, Tyler. Alex is living outside of Chicago working as a veterinarian at Golf Rose Animal Hospital. We had dinner at an Italian restaurant called Formento’s that I would highly recommend when visiting Chicago.

baa-2016BAA LogoI’ll be headed back to Chicago to attend the Annual BAA/PMA Marketing Law Conference which takes place next month,  November 9-11, at the Downtown Chicago Marriott. This year’s conference is titled “FACE-OFF: Dynamic Technologies vs. Regulatory Controls”. It is known as the broadest marketing and advertising law conference in this country which features deep, practical legal content presented from speakers from major brands, inside and outside counsel and regulatory agencies. It also includes some great networking and two large cocktail parties.

Last year’s conference, which I attended, had another record attendance of 750, with over 200 major brands present. I summarized the conference in this post in which I stated  that there were two central themes that appeared to be prominent. The first was Real-Time Marketing and how more brands were now starting to put much more effort into connecting their product or service with consumers in the moment. The other central theme was focused on the FTC’s Endorsement & Testimonial Guidelines, which even though not new, there were clear signs that the FTC was starting to heavily monitor the happenings online and on social media. So what insights will this year’s conference generate?

Some of the topics at this year’s conference will again include real time marketing and social as well as explore new technologies. Speakers from Oculus, Twitter, Google, Buzzfeed, Whole Foods, Lyft, Airbnb, Spotify and Microsoft will present. In fact one of the keynotes will be from Jordan McCollum who is general Counsel for Oculus VR. Another keynote will be from the FTC Commissioner Terrel McSweeny who will discuss further the FTC policy and enforcement priorities going forward into next year. Sweeps, contests, gaming, loyalty programs and IP issues will again be discussed. Linda Goldstein from Manatt, Phelps & Phillips, LLP, the first main speaker who always delivers an exciting and chock full presentation, will review the past year as it relates to those topics.

The last day of the conference will again feature another highly anticipated presentation from Ron Urbach, Chairman of Davis & Gilbert LLP, this year titled “Brand Activation: Law in Review”.  At last year’s conference Ron showed us a video he and his team created of a group of fictitious millennials who were using social media and technology to launch new products, and of course, not doing it all legally. Besides the key presentations there will be many break-out sessions and round-table discussions covering many different topics. You can see the whole agenda here.

If you’re interested in attending you should register here quickly since regular pricing will increase after Oct. 10. I’ll be right on Michigan Ave. at the Marriott from Wed. Nov. 9 till Fri., Nov. 11, so make sure to say hello if you’re there. Hopefully I will get a chance to run next door for my annual visit to Nordstrom’s shoe dept!

BAA LogoIn a few weeks I’ll be headed back to Chicago to attend the Annual BAA/PMA Marketing Law Conference which takes place each November, always in Chicago since I can remember. This year’s conference is titled “Walking the Line: Between Innovation and Regulation” which runs November 9-11. This is the industry’s most important marketing and advertising law conference which this year includes over 60 sessions and 125 different speakers from some of the nation’s leading brands and law firms.

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Here are some of the topics that will be discussed at this year’s conference:

• Expanded coverage of social and digital media, with many social media companies speaking
• New sessions on alcohol and marijuana regulation
• First ever session to covering the Internet of Things
• More in-depth discussion of litigation issues from the FTC, NAD, and state attorneys general
• A virtual mini-conference on pertinent privacy issues
• A focus on rapidly expanding technologies and their relationship with current laws
• New coverage on sports and event marketing, SAG-AFTRA, and entertainment marketing
• Major sessions on retail marketing legal issues, cross-device tracking, and gaming

Plus all attendees can earn major CLE credits, abundant networking opportunities, and a 2,000-page conference book which is provided both digitally and in print.

The conference kicks off on Monday, Nov. 9th, at the Downtown Chicago Marriott right on Michigan Ave. There are some special sessions that afternoon to be followed by the annual welcome networking reception which is not to be missed.

BAA-LindaThe main attraction for me always is the first general session of the conference that will again feature Linda Goldstein from Manatt, Phelps & Phillips, LLP, on Tuesday morning. Linda always has a very thorough and entertaining presentation which this year is titled: Marketing/Advertising Law Review: Sweepstakes, Contests, Privacy, Disclosure & Digital/Social Media. You can see the whole agenda here.

Right after Linda’s session will be another that I’m really looking forward to which is titled “Major Technologies and the Law Today and Tomorrow”. This session will include Nathan Wildermann, Advertising Counsel for Facebook. The group will review the most important trends and developments in technologies in the marketing and advertising arena.

There is a video that the BAA created which is featured on their website that includes some footage from last year’s conference and features some words from Linda Goldstein. Just scroll down to the bottom of the home page to take a look.

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We’ll all be right on Michigan Ave. at the Marriott till Wed., Nov. 11, so hope to hope to see some of you in Chicago. You can register here. I’m hoping to have time again this year to make my annual shopping visit to the Nordstrom shoe department which is right next door!