REGISTRATION FORM
HOW TO ADVERTISE LEGALLY
IN A BRAVE NEW WORLD
CUTTING EDGE
REGISTRATION FEE
Calgary, November 29, 2010
Toronto, December 2, 2010
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Early Bird Deadline: (November 1, 2010)
$1,195 + applicable taxes*
Regular Course Price:
$1,495 + applicable taxes*
Public Sector Special Price:
$1,295 + applicable taxes*
Webcast Price:
$995 + applicable taxes*
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INTERACTIVE
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Properly structuring a campaign, supporting product claims,
protecting the content of your marketing programs and generally
defending your advertising, or challenging the claims of your
competitors, has never been more intricate. Canada’s leading
advertising lawyers will help you navigate the complexity of
the rules and regulations that are governing your advertising
programs, and help you structure your marketing as you prepare
to guide your company through the current economy.
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HOW TO ADVERTISE LEGALLY
IN A BRAVE NEW WORLD
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Conference Code 110027
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*ON (13% HST), AB (5% GST)
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registration forms.
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Registration fee includes the course, materials, breakfast, lunch and
coffee breaks. Full payment is required in advance of the course dates.
Substitutions are granted with notification to Course Registration
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to a Senior Executive or Corporate Counsel. (GST Reg # 897176350)
HOW TO ADVERTISE LEGALLY
IN A BRAVE NEW WORLD
TO REGISTER:
Call: Toll free 1-877-298-5868 or (416) 298-5141 ext. 5868
Fax: (416) 609-5841
E-mail: [email protected]
Mail: Lexpert®
One Corporate Plaza
2075 Kennedy Road, 11th Floor
Toronto, ON M1T 3V4
Attention: Marketing Events
DATES AND VENUES:
CALGARY, TELUS CONVENTION CENTRE NOVEMBER 29, 2010
The Calgary Telus Convention Centre, 120-9th Avenue SE, Calgary, AB T2G 0P3
Phone: (403) 261-8500
TORONTO, ST. ANDREW’S CLUB AND CONFERENCE CENTRE December 2, 2010
St. Andrew’s Club and Conference Centre: 150 King Street West, 27th Floor, Toronto, ON M5H 1J9
Phone: (416) 366-4228
SPECIFICALLY DESIGNED FOR:
»» Senior Executives, Chief Marketing Officers and
Corporate Counsel of:
– Advertising and Marketing Agencies
– Promotional Companies
– Retail and Manufacturing
– Automotive Industry
– Media, Publishing and Entertainment Companies
– Technology Providers, Software and Telecommunications
»» Vice Presidents and Directors of:
– Marketing and Advertising
– Brand and Product Marketing
– Client and Brand Strategy
– Interactive Marketing
– Media, Creative and Production
»» Legal Counsel practising Advertising & Marketing
Law, Entertainment Law, Product Liability, Intellectual
Property, Computer & IT Law, Privacy, Charities/
Not-for-Profit and Franchising Law
CANCELLATION AND REFUND POLICY:
Full refunds, less a $250.00 (plus applicable taxes) administration fee, will be given
for cancellations received in writing 10 business days before the course start date.
Unfortunately, refunds cannot be provided after this date. Substitution of delegates
may be made at any time. Please note that Lexpert® reserves the right, if necessary,
to cancel any course and will, in such an event, make a full refund of registration fees
paid. For reasons beyond the control of the course organizer, it may be necessary to
change the subject agenda of the program, and no liability is assumed for any such
changes in content.
THE COURSE LEADER
COURSE HIGHLIGHTS
BRENDA PRITCHARD, PARTNER, NATIONAL PRACTICE GROUP
LEADER (ADVERTISING, MARKETING AND REGULATORY AFFAIRS),
GOWLING LAFLEUR HENDERSON LLP
• HOW TO LEGALLY HARNESS THE POWER OF SOCIAL MEDIA
• CONQUERING THE WORLD OF CONTEST LAW
• WHAT’S NEW IN THE WORLD OF COMPARATIVE ADVERTISING?
SPECIAL GUEST SPEAKER
• DEALING WITH LEGISLATIVE AMENDMENTS AND COURT
MONICA PAPENDICK , LEGAL COUNSEL, COCA-COLA LTD.
DECISIONS IN QUÉBEC
REGISTER BEFORE NOVEMBER 1 AND SAVE $300!
CALGARY, TELUS CONVENTION CENTRE NOVEMBER 29, 2010
TORONTO, ST. ANDREW’S CLUB AND CONFERENCE CENTRE DECEMBER 2, 2010
For more information or to register, please contact
Lexpert Events at 1-877-298-5868 or e-mail: [email protected]
®
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CUTTING EDGE
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BRENDA PRITCHARD
INTERACTIVE
Brenda Pritchard is a partner and national group leader of Advertising, Marketing and Regulatory Affairs with the national law firm
of Gowling Lafleur Henderson LLP with more than 25 years of experience practising exclusively in the advertising and marketing law
area. Ms. Pritchard’s practice includes: advertising copy review; coupon, premium and contest promotions; negotiation of music,
talent and artistic rights for use in production; merchandising & publishing contracts and negotiation; performers’ union arbitrations;
Advertising Standards Canada hearings; and defending against misleading advertising charges. Ms. Pritchard is past-chair of the
Media and Communications Law Section of the Canadian Bar Association and a member of the IBA, ABA, CCTFA and AdLaw International.
Consistently named one of Canada’s 500 leading lawyers by Lexpert®.
HOW TO ADVERTISE LEGALLY
IN A BRAVE NEW WORLD
BRIAN FRASER
program outline
8:15 – 9:00
REGISTRATION AND BREAKFAST
9:00 – 9:15
INTRODUCTION
HOW TO LEGALLY HARNESS
9:15 – 10:30
THE POWER OF SOCIAL MEDIA
TORONTO: BRENDA PRITCHARD
CALGARY: BRENDA PRITCHARD
»» Contractual issues and Terms of Use (Facebook, Twitter,
YouTube, etc.)
»» Big IP watchouts
• Consent from minors
• Third-party infringements contained in the CGC
• “to screen or not to screen”
»» Telemarketing/Email/Mobile Marketing issues
• Telemarketing/Email/Mobile Marketing issues
• How to respond
• Potential defamation
»» Employees and bloggers
• How to control the enthusiasm
• Social media policies — key points to cover
»» Privacy watchouts
»» New trends — behavioural advertising, deep packet inspection
10:30 – 10:45
COFFEE BREAK
10:45 – 12:00 CONQUERING THE WORLD OF
CONTEST LAW
TORONTO: SHELLEY SAMEL
CALGARY: JOHN LECKIE
How to structure your promotions within the laws
and the intricacies of the ever-changing media
»» Creating legally sound contest rules
»» Understanding the consumer as creator
• Controlling content and cleaning up the mess
»» Administering promotions on Facebook
• Understanding the rules and obligations
»» Dealing with disasters
• Protecting your brand and reputation
12:00 – 1:00
LUNCH
Brian Fraser is a partner and a member of the Advertising,
Marketing and Regulatory Law Group with the national law
firm of Gowling Lafleur Henderson LLP and has practised in
the field of advertising and marketing law for over 25 years.
Mr. Fraser is recognized as one of Canada’s leading practitioners
in this area in The 2009 Canadian Legal Lexpert® Directory
and in Best Lawyers in Canada. He advises on all aspects
of advertising and marketing law, including ad copy review for all media (print,
broadcast and internet), promotional contests, packaging and labelling requirements,
comparative advertising and claims support. His practice also includes representing
clients in trade dispute proceedings administered by Advertising Standards Canada.
WHAT’S NEW IN THE WORLD OF
1:00 – 2:15
COMPARATIVE ADVERTISING?
TORONTO: BRIAN FRASER
CALGARY: JOHN LECKIE
What advertisers should know about changes in
the law and recent court activity
»» The Competition Act
• New penalty provisions have raised the stakes
• New leverage for the Bureau
»» Heading to court (a viable option?)
• Injunctions: the legal tests — have they changed?
• Claims substantiation: insights based on some recent
high-profile cases
• Damages: what factors do the courts consider?
Some insights from the Maritime Travel case
»» US vs. Canada
• Some key differences in legal rules for advertising between
the US and Canada
• Intellectual property
»» • “Puffery” and disparagement
How to engage consumers while still protecting
your brand and your company
2:15 – 2:30
John Leckie is a partner in the Vancouver office of Gowling
Lafleur Henderson LLP and has practised in the fields of Advertising
and Marketing Law and Trade-mark Law for the past 15 years. Mr.
Leckie is recognized in Best Lawyers in Canada for Advertising and
Marketing Law. He provides advice on all aspects of Marketing
and Advertising Law, including copy review, promotional contests,
comparative advertising, claims support and drafting of
promotional, talent, licensing and sponsorship agreements. He also practices in the field of
trade-mark prosecution and portfolio management.
»» Recent court decisions including the Brault-Martineau case and the
Times case
»» The Charter of French language and its application to advertising
INTERACTIVE CASE STUDY
ALL PRESENTERS INCLUDING:
TORONTO: MONICA PAPENDICK & DANIEL COLE
CALGARY: BRENDA PRITCHARD & JOHN LECKIE
TORONTO: ANDRÉ RIVEST
CALGARY: BRENDA PRITCHARD
»» You will be given a fictitious fact scenario/case study that will raise
a variety of legal issues addressed by the presenters throughout the
day (e.g. social media and IP infringement), including participation
from frontline in-house counsel. In this final session, you will have
the unique opportunity to work in small groups to apply the principles
learned, as well as provide analysis and any creative solutions to the
problems identified.
Where are we at with amendments to the
Consumer Protection Act
»» Coming into force of Bill 60 and ancillary regulation
»» Phase 3 of the amendments to the CPA
• Amendments to rules regarding credit and leases
• Amendments to rules pertaining to credit advertising
»» Continued aggressive enforcement of the rule prohibiting
advertising to children
»» What about the threat of legal action?
• Recent development with respect to class actions
• Penal actions instigated further to investigation by the
Consumer Protection Office
• Actions instigated by consumer association
3:45 – 5:00
5:00 – 5:30–
QUESTIONS & ANSWERS
5:30– 5:20
COURSE CONCLUSION
This program has been accredited by the Law
Society of Upper Canada towards the professional
development requirement for certification.
Civil Litigation
6 hours
André Rivest practises in banking and commercial litigation
with a particular emphasis on recovery. He mainly acts for
financial institutions for recovery of mortgage loans or
unsecured claims. Mr. Rivest and Gowling Lafleur Henderson
LLP’s Recovery Services Group offer a comprehensive
defaulting portfolio management service. Mr. Rivest also
practises in advertising law. He reviews and pre-approves
advertisements for print media, radio, television and the Internet. In this regard, Mr.
Rivest advises national and international corporations with respect to their obligations
in terms of advertising and marketing in Québec.
SHELLEY SAMEL
JOHN LECKIE
COFFEE BREAK
DEALING WITH LEGISLATIVE
2:30 – 3:45
AMENDMENTS AND COURT
DECISIONS IN QUÉBEC
ANDRÉ RIVEST
Shelley Samel is a partner in Gowling Lafleur Henderson LLP’s
Intellectual Property Law Group, with a focus on advertising
and marketing law. She has assisted some of Canada’s
largest and most respected companies in matters relating to
advertising copy review for all media; food, drug and cosmetic
packaging and labelling review; drafting and negotiating copromotion, talent, licensing and sponsorship agreements;
copyright issues; privacy issues relating to consumer promotions; as well as contest
and promotion design and review. Shelley is listed in Best Lawyers in Canada for her
work in the field and she is a frequent speaker on various topics related to Advertising
and Marketing Law.
MONICA PAPENDICK
Monica Papendick is Legal Counsel for Coca-Cola Ltd.,
practising in the areas of marketing and adverting law, food
and drug law, commercial law and intellectual property law.
She is primarily responsible for providing legal support to more
than 25 famous brands in the sparkling, hot and juice beverage portfolios and is the lead legal advisor on loyalty programs,
social media and interactive marketing at Coca-Cola in Canada.
DANIEL COLE
Daniel Cole is an associate in Gowling Lafleur Henderson LLP’s
Intellectual Property Group in the Toronto office, practising in
the areas of advertising, marketing and regulatory law. His
practice has focused on advertising copy review, privacy law,
contest design and review, environmental marketing and
drafting talent agreements.
REGISTER BEFORE NOV 1 AND SAVE $300!
For registration information or to register, please contact
Lexpert® at 1-877-298-5868 or e-mail: [email protected]
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