Day 1 - Monday, January 26, 2015

7:30
Registration Opens and Refreshments Served
8:30
Opening Remarks from Co-Chairs
8:45
Advertising in Canada and Beyond: Current Conditions & Key Developments
9:15
CASL Mid-year Review: What We’ve Learned During the First 6 Months
10:30
Morning Refreshment Break
10:45
Do They Really Love It? Misleading Product and Consumer Reviews
11:45
Can They Really Do That? The Process of Challenging a Competitors Ad
12:30
Networking Luncheon
1:45
Update from the Regulators
2:45
Gift Cards & Loyalty Programs
3:30
Afternoon Refreshment Break
3:45
Evidence and Comparative Testing: Running a Proper Test
4:30
Pricing Issues: On-Line and Offline Pricing and the Digital Economy
5:15
Day 1 Closing Remarks from Co-Chairs Conference Adjourns

Day 2 - Tuesday, January 27, 2015

8:00
Refreshments Served
8:30
Opening Remarks from Co-Chairs
8:45
Marketing & Advertising 2.0: The Challenges & Opportunities of Mobile Marketing
9:45
Changes to the Competition Act & Trademarks Act: Implications for Advertisers
10:30
Networking Coffee Break
10:45
View from ASC
11:15
Addressing Complicated Contests
12:15
Networking Luncheon
1:30
Emerging Issues to Watch
2:00
Privacy Issues: A Guidebook for Advertising Online
3:15
Afternoon Refreshment Break
3:30
Ignite Session: Industry Specific – Food, Bank, Retail
4:45
Closing Remarks from Co-Chairs Conference Concludes

Post-Conference Workshops

WORKING GROUP A: Drafting Client-Agency Agreements

Jan 28, 2015 2:00pm – 

Speakers

Mary G. Griffith
Lawyer
Maclaren Corlett LLP

Gordon B. Greenwood
Partner
Maclaren Corlett LLP

WORKING GROUP B: Digital Marketing for Lawyers 2.0

Jan 28, 2015 6:00pm – 

Speakers

Philip Tsang
Partner
Clutch Marketing

Jonathan Vanseader
Partner
Clutch Marketing

Day 1 - Monday, January 26, 2015

7:30
Registration Opens and Refreshments Served
8:30
Opening Remarks from Co-Chairs

Kristi Lalach
Vice-President Legal and Compliance
FGL Sports Ltd. & Mark’s Work Wearhouse Ltd.

Bill Hearn
Counsel
Davis LLP

8:45
Advertising in Canada and Beyond: Current Conditions & Key Developments

John Yorke
President
Rain43

Kelly Moffatt
Partner, Chair of Advertising & Marketing Group
Osler Hoskin & Harcourt LLP

  • Legal developments of 2014 both nationally and globally
  • Global perspective on the global trends and addressing what is to come

9:15
CASL Mid-year Review: What We’ve Learned During the First 6 Months

David Elder
Counsel
Stikeman Elliott LLP

  • Enforcement issues
  • What you can do under CASL
  • The implications of CASL on online advertising/contests and apps
  • Best practices for being compliant
  • Strategies for small businesses to build their database and contacts under the new regime
  • Lessons learned: looking forward, preparing for what’s next
  • Sector specific compliance: what does the law say based on different sectors?

10:30
Morning Refreshment Break
10:45
Do They Really Love It? Misleading Product and Consumer Reviews

Ruth Rapoport
Assistant General Counsel
Unilever Canada Inc.

Brenda Pritchard
Partner
Gowlings LLP

  • What is a testimonial?
  • What restrictions does an advertiser have on using testimonials from consumers and others?
  • How do you deal with bloggers, brand ambassadors and influencers?
  • Astroturfing – fake grassroots support
  • Incentivizing testimonials: lessons from Cole Haan
  • Fake testimonials and endorsements: the Dr. Oz approach to enforcement

11:45
Can They Really Do That? The Process of Challenging a Competitors Ad

Robert Finta
Associate General Counsel
TELUS

Michael I. Binetti
Partner
Affleck Greene McMurtry LLP

  • Addressing bold advertising statements from competitors
  • Protecting clients’ interests by understanding what it takes to successfully challenge a bogus claim and have regulators intercept
  • Identifying three main routes to challenge a competitor’s ad
  • A detailed guide for challenging advertising claims of direct competitors

12:30
Networking Luncheon
1:45
Update from the Regulators

Brent Homan
Director General, PIPEDA Investigations
Office of the Privacy Commissioner of Canada

Ian Clarke
Counsel
Competition Bureau of Canada

  • What privacy issues, domestic and international, are being looked at most closely?
  • Latest enforcement issues and trends

2:45
Gift Cards & Loyalty Programs

Amy Mudge
Partner
Venable LLP (Washington)

  • Third party liability: multiple hands touching the same ad campaign
    • The Dandelion Theory
  • Native advertising 101

3:30
Afternoon Refreshment Break
3:45
Evidence and Comparative Testing: Running a Proper Test

James B. Musgrove
Partner, Co-Chair of Competition & Anti-Trust Group
McMillan LLP

Dr Ruth M. Corbin ICDD, PhD, LLD
Chair, Corbin Partners Inc.
Adjunct Professor, Osgoode Hall

  • What is adequate and proper testing?
  • What does a proper test look like?
  • What holds up in court: recent examples
  • Do judges still want survey evidence?
  • Claim substantiation

4:30
Pricing Issues: On-Line and Offline Pricing and the Digital Economy

Anita Banicevic
Partner
Davies Ward Phillips & Vineberg LLP

Michael Kilby
Partner
Stikeman Elliott LLP

  • The resurgence of Ordinary Sales Price (OSP)
  • Minimum Advertised Price (MAP)
  • Cramming
  • Terms and conditions for online purchases

5:15
Day 1 Closing Remarks from Co-Chairs Conference Adjourns

Day 2 - Tuesday, January 27, 2015

8:00
Refreshments Served
8:30
Opening Remarks from Co-Chairs
8:45
Marketing & Advertising 2.0: The Challenges & Opportunities of Mobile Marketing

Catherine Bate
Partner
Miller Thomson LLP

Imran Ahmad
Senior Associate
Cassels Brock & Blackwell LLP

Practical and legal considerations, including:

  • Mobile Interface:
    • Compliant advertising and transactions in a small-screen world
    • Disclosures, disclaimers and click-throughs: What’s permitted and when?
    • SMS/MMS programs: Communicating with consumers post-CASL
    • Geofencing, tracking and privacy issues
  • Does your message match your medium?
  • Consumer reaction: are personalisation/ location-based tools cool or unnerving?
  • Should there be an app for that?

9:45
Changes to the Competition Act & Trademarks Act: Implications for Advertisers

Antonio Turco
Partner
Blake, Cassels & Graydon LLP

Brian Fraser
Co-Leader of Advertising, Marketing and Regulatory Affairs National Practice Group
Gowling Lafleur Henderson LLP

  • How the changes to the Trade-marks Act will affect you
  • How to protect your clients from trade-mark trolls
  • Discover the advantages and disadvantages of the elimination of the “use” requirement
  • How to take advantage of international treaties
  • Changes to the Competition Act made under CASL:
    • Misleading sender information, subject matter information or URL’s
    • The impact of no materiality qualifier
  • Who is the relevant consumer?
    • Is our audience really just “morons in a hurry”?
    • Assessing the Richard v. Time and the Rogers/Chatr decisions

10:30
Networking Coffee Break
10:45
View from ASC

Janet Feasby
Vice President Standards
Advertising Standards Canada

Linda J. Nagel
President and Chief Executive Officer
Advertising Standards Canada

  • Consumer complaint trends
    • Emerging Quebec trends
  • New cosmetic advertising guidelines
  • Canadian Children’s Food & Beverage Advertising Initiative Changes
  • ASC’s role in monitoring compliance with the Canadian Self-Regulatory Principles for Online Behavioural Advertising

11:15
Addressing Complicated Contests

Richard Sabbagh
Associate General Counsel, Advertising and Brand
Bell Canada

Kelly Zalec
Senior Legal Counsel
Rogers Communications

Karen D. Levin
Legal Counsel
Rogers Communications

Fabien Fourmanoit
Senior Legal Counsel
Bell Canada

  • Contest basics: illegal lottery, removing chance, disclosures
  • Managing complex promotions:
    • Best practices for assessing different entry mechanisms and prizing levels
    • Different media and disclosure requirements
    • User-generated submissions and voting on user-generated content
  • Quebec specificities:
    • Régie des alcools, des courses et des jeux
  • Case Study: Real life examples of assessing and addressing risk

12:15
Networking Luncheon
1:30
Emerging Issues to Watch

Ryan Mills
Assistant General Counsel
AIMIA Inc.

  • Data use and customer information
  • Best practices in loyalty rewards

2:00
Privacy Issues: A Guidebook for Advertising Online

David Young
Principal
David Young Law

Robert H. Newman
Partner
Winston & Strawn LLP

Lorraine M. Fleck
Lawyer & Trademark Agent
Fleck & Chumak LLP

  • Online Behavioural Advertising (OBA)
    • DAAC: 2 years later
  • Collection of consumer information
  • Using beacon technology safely and effectively
    • Geo-location
    • Targeted advertising
  • Managing consumer information
    • How long to keep, how to keep, avoiding data breach

3:15
Afternoon Refreshment Break
3:30
Ignite Session: Industry Specific – Food, Bank, Retail

Lynn Guthrie
Legal Counsel
Shoppers Drug Mart

Sara Zborovski
Partner
Davis LLP

Nina Mapara
Senior Counsel
Capital One

Delegates will break out into separate groups based on their own specific industries to share strategies for dealing with the challenges relevant to their business. Session leaders will circulate to lead the session and address key concerns.

  • Advertising and Marketing under the Food and Drugs Act: prescription and nonprescription drugs, medical devices, natural health products and food and beverages
  • Distinguishing advertising from other activities
  • The impact of product classification on advertising
  • The role of pre-clearance agencies
  • Enforcement: Health Canada, the Competition Bureau and the threat of litigation
  • Issues surrounding advertising food products as “natural” or “organic”

4:45
Closing Remarks from Co-Chairs Conference Concludes