27th Annual Conference on Advertising & Marketing Law

Gain a cross-border legal perspective on traditional and digital marketing strategies in Canada, the US and South America

27th Annual Conference on

Advertising & Marketing Law January 19–21, 2021 | Virtual Conference (EST) Comply with Regulations • Connect with Customers • Protect your Brand

EARN CPD CREDITS

Join us for 3 successive mornings

Catherine Bate Chief Legal and Policy Officer Ad Standards

day one: Focusing on Privacy and Customer Data Usage — Know the changes around what customer information you can collect, keep, and share.

Laura Brett Vice President BBB National Programs, National Advertising Division Sonia Carreno President Interactive Advertising Bureau of Canada Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada

1:1 Networking

day two: Mastering Social Media — Craft the right message for the right media and substantiate claims.

Live Polling on Loyalty Programs and Privacy Law Compliance

day three: Protecting Your Brand — Deep dive into trademark regulations, crisis management, and diversity policies.

Q&A with the Regulators and Consumer Advocacy Groups

Supported By:

CanadianInstitute.com/AdLaw • 1 877 927 7936

Interactive Virtual Features

Focus Group Roundtable on Trademark Protection and Brand Preservation a C5 Group Company

Business Information in a Global Context

Be part of this renowned event which shapes the law, policy and proceedings of Canadian advertising and marketing law.

Hear from leaders and engage in thought-provoking discussions on how to thrive in this exciting and evolutionary area of practice.

Attend CI’s 27th Annual Conference on Advertising & Marketing Law to delve into critical legal and regulatory developments affecting your company’s ability to attract and bolster a dynamic customer base. Join us as we explore legislative deployments and precedent-setting cases that have dramatically changed the Canadian advertising and marketing landscape.

Three dynamic mornings of programming to help you accomplish new advertising and marketing goals We have designed an agenda taking place over 3 successive mornings filled with in-depth discussion on Canada’s ever-changing and everevolving advertising and marketing law landscape:

morning one Understand how changes in privacy laws directly influence advertising and marketing practices.

LIVE POLLINGS on Loyalty Programs and Privacy Law Compliance

morning two Develop strategies to harness the power of an evolving social media landscape and ensure your advertising campaigns and marketing efforts get in front of today’s tech-savvy audience.

Interactive Q&A with Canadian and US Regulators and Consumer Protection Advocates

2 | #CIAdLaw

twitter: @CI_Legal linkedin: The Canadian Legal Network

morning three Protect your brand and bolster your preservation blueprint amid sweeping changes in customer behaviour and legal developments in the advertising and marketing landscape.

Focus Group Roundtable on Trademark Protection and Brand Preservation

DISTINGUISHED FACULTY CONFERENCE CO-CHAIR Bill Abbott Director, Data Policy and Research TELUS

David Fewer General Counsel Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPI)

Catherine Bate Chief Legal and Policy Officer Ad Standards

Ricardo Fischer Partner, Trademark Practice Leader Arent Fox LLP

FACULTY René Bissonnette Partner Gowling WLG Laura Brett Vice President National Advertising Division® BBB National Programs Sonia Carreno President Interactive Advertising Bureau of Canada (IAB Canada) Karen Chambers Executive Vice President Impala Inc./IMAN COSMETICS Alex Cone Senior Director, Product Management IAB Tech Lab Brinsley Dresden Global Treasurer and Secretary Global Advertising Lawyers Alliance (GALA) Partner, Advertising & Marketing Law Group Lewis Silkin LLP, UK

Kelly Harris Partner, Leader, National Marketing, Advertising & Product Compliance Group Miller Thomson LLP Rachel Hayward Director, Compliance and Special Investigations Office of the Information and Privacy Commissioner of Alberta Brent Homan Deputy Commissioner, Compliance Sector Office of the Privacy Commissioner of Canada Maureen Enright Vice President Children’s Food and Beverage Advertising Initiative BBB National Programs Paula Fernández Pfizenmaier Regional Vice President, Americas Global Advertising Lawyers Alliance (GALA) Partner, Intellectual Property, Privacy, New Technologies and Legal Advertising Department Bruchou Fernandez Madero & Lombardi, Argentina

François Joli-Coeur Senior Associate BLG

Leore Rosmarin Legal Counsel Ad Standards

Scott Kirkpatrick General Counsel & EVP Coca-Cola Ltd. & Minute Maid (Canada)

John Salloum Partner, Privacy/Marketing Osler, Hoskin & Harcourt LLP

Marie Lampropoulos Associate Counsel, Business & Legal Affairs Warner Music Canada Andrea Longworth Counsel Visa Canada Elizabeth Manley Senior Manager of Trademarks & Marketing Law Cineplex Kimberly M. Maynard Partner Frankfurt Kurnit Klein + Selz PC Anne-Marie Migneault Director Regulatory Affairs and Advertising Standards CBC/Radio-Canada Sarah Morgenthau Counsel Google Canada Josephine Palumbo Deputy Commissioner of Competition Competition Bureau Canada

Matthew Seagrim Managing Director SCENE Marina Seidl Senior Legal Counsel RBC Pam Sidey Legal Director and Associate General Counsel, Marketing, Regulatory, and Innovation Labatt Breweries of Canada Jennifer Stoddart, O.C. Ad.É.

Strategic Advisor, Privacy and Cybersecurity Group Fasken Mary Ventresca Vice-President, Marketing & BD Pattison Outdoor Advertising Cameron Weir Senior Counsel Reckitt Benckiser (Canada) Inc. (RB) Austin Wong Director, Legal Counsel Corus Entertainment Richard Wong Account Executive LinkedIn

A MUST-ATTEND EVENT FOR: • In-House Counsel from all Industries and Law Firm Attorneys with Practices in:

• Law Clerks & Paralegals Servicing Advertising and Marketing Practices

» Marketing & Advertising

• Government and Commission Lawyers

» Competition

• Privacy Officers, CASL Compliance Officers

» Privacy

CanadianInstitute.com/AdLaw • 1 877 927 7936

• Directors, CEOs, VPs, and Managers of: » Compliance

» Promotions

» Advertising

» Public or Consumer Relations

» Marketing

» Online/Social Media

a C5 Group Company

Business Information in a Global Context

Day One | Tuesday, January 19, 2021 (EST) CHEVRON-DOUBLE-RIGHT FOCUS ON PRIVACY and CUSTOMER DATA 8:00

9:30

Remarks from the Co-Chairs – Anticipating Tomorrow’s Audience in the World of Advertising and Marketing

Avoid Privacy Breaches and Penalties in Marketing: Implementing Quebec’s Bill 64 into Your Organizations Customer Data Collection Policies

Microphone-alt Bill Abbott, Director, Data Policy and Research, TELUS Join our conference co-chairs as they review the challenges of 2020, and preview the themes that will be explored over the next three mornings. Understand and explore the changing market, and the needs of a changing audience.

8:30

From Europe to Canada – How Changes in Global Privacy Laws Are Impacting Canadian Advertising and Marketing

Microphone-alt Sonia Carreno, President, Interactive Advertising Bureau of Canada (IAB Canada)

Brent Homan, Deputy Commissioner, Compliance Sector, Office of the Privacy Commissioner of Canada

Adherence to privacy laws is a critical part of modern advertising and marketing practices. With this understanding, the Interactive Advertising Bureau of Canada (IAB Canada) has partnered with IAB Europe and the IAB Tech Lab to modernize PIPEDA compliance mechanisms for digital advertising in Canada. Join us and take a closer look at the currently adopted European framework for GDPR compliance in advertising and learn how this will be implemented in Canada to help businesses comply with privacy laws today and tomorrow.

• Understanding the crucial relationship between privacy laws and advertising and modern marketing practices • Analyzing how the acceleration of global privacy policies is calling for a globally acceptable framework for the digital advertising eco-system • Anticipating what privacy compliance will look like in the coming months

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4 | #CIAdLaw

Microphone-alt Jennifer Stoddart, O.C. Ad.É., Strategic Advisor, Privacy and Cybersecurity Group, Fasken

Quebec’s proposed legislation – Bill 64, an Act to modernize legislative provisions as regards the protection of personal information will amend data protection laws making it more difficult for companies to gain consent to collect personal information from customers. Penalties for violations of the Private Sector Act can be up to $25 million. Thus, it is of the upmost importance to ensure that your customer data collection policies are fully compliant.

• Identifying the gaps between current privacy legislation and Bill 64, and identifying where there may be gaps in your organization’s customer data usage policy • Calculating fines and penalties for customer data breaches • Assessing liability and risk of a class action suit for alleged failure to meet these requirements • Delving into new standards for gaining customer consent and defining clear, free, and informed consent to collect, use, and communicate with customer data • Defining “sensitive information” and a “reasonable expectation of privacy” and their impact on communicating with customers • Implementing processor agreements for third-party usage of customer data 10:15

Refreshment Break with 1:1 Networking 11:00

The Cookie will Crumble in 2022: Finding a New Recipe for Marketing Campaigns and Compliant Customer Data Collection

Microphone-alt David Fewer, General Counsel, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPI)

Alex Cone, Senior Director, Product Management, IAB Tech Lab

Marketing pressures are about to shift to first-party data collection as internet search engines begin to phase out cookies. Marketing agencies will no longer be able to track, personalize and save information about each user’s session on a website. Join us and explore what other options are available for communicating with the customer.

twitter: @CI_Legal linkedin: The Canadian Legal Network

• Re-thinking marketing tactics for customer data collection and customer communication as we say goodbye to fingerprinting and anti-tracking measures • Shifting internal privacy policies and marketing practices toward the collection of authentic customer identification • Incentivizing customer opt-ins and authenticating customer behaviours to ensure marketing practices align with privacy laws 11:45

Are Loyalty Programs the Answer to Creating a Repeat Customers Base While Complying with Privacy Laws?

Microphone-alt Elizabeth Manley, Senior Manager of Trademarks & Marketing Law, Cineplex

Matthew Seagrim, Managing Director, SCENE

• Creating a marketing plan to incentivize customers to sign-up for rewards programs and authorize permissions • Managing customer information and preferences in accordance with privacy laws • Personalizing the customer experience to ensure repeat business and continued data authorization 12:30

Delineating the Legal Parameters for Location Tracking and Biometrics when Tailoring Advertisements to Your Customer

Microphone-alt Bill Abbott, Director, Data Policy and Research, TELUS

Rachel Hayward, Director, Compliance and Special Investigations, Office of the Information and Privacy Commissioner of Alberta

François Joli-Coeur, Senior Associate, BLG

Decipher how to apply current privacy laws to marketing scenarios that are emerging with the advent of new technology.

• Anticipating new applications for fingerprint and facial recognition software in marketing strategies while adhering to privacy standards • Analyzing the privacy laws as they apply location tracking application • Gauging customers’ comfort level and rate of opting into programs that track personal identifiers 1:30 | Closing Remarks from the Chair

Day Two | Wednesday, January 20, 2021 (EST) CHEVRON-DOUBLE-RIGHT SUBSTANTIATING AD CLAIMS, MASTERING SOCIAL MEDIA and COMPLIANTLY CRAFTING MESSAGING FOR ALL MEDIUMS 8:00

Remarks from the Chair and Recap

Microphone-alt Catherine Bate, Chief Legal and Policy Officer, Ad Standards

8:15 PANEL

Everyone’s Favourite Panel: Substantiating Ad Claims for Happy Customers and a Happy Legal Department

Microphone-alt René Bissonnette, Partner, Gowling WLG

Laura Brett, Vice President, National Advertising Division®, BBB National Programs

Kelly Harris, Partner, Leader, National Marketing, Advertising & Product Compliance Group, Miller Thomson LLP

Cameron Weir, Senior Counsel, Reckitt Benckiser (Canada) Inc. (RB)

Crafting the perfect message and avoiding mixed messages, this session will take the customer’s perspective to pick apart vague, misleading, and poorly worded marketing copy to ensure clear and precise messaging that won’t lead to a legal dispute.

• Crafting truthful content that is not misleading, or cannot be misconstrued by the customer • Substantiating claims of social responsibility such as “sustainable farming” • Clarifying what constitutes recyclable or a “made from recyclable materials” claim on product packaging • Validating customer testimonials, approval ratings and subjective claims such as “favourite” or “better” 9:15 KEYNOTE WITH COMPETITION BUREAU CANADA

Examining Trends in Social Media Advertising and Marketing: How to Stay Out of Trouble

Microphone-alt Josephine Palumbo, Deputy Commissioner of Competition, Competition Bureau Canada

• Exploring digital messaging platforms for connecting with customers, including WhatsApp, WeChat and Facebook Messenger – What are the legal implications of connecting with clients?

CanadianInstitute.com/AdLaw • 1 877 927 7936

• Promoting products on visual search mobile apps including Pinterest, Bing, Google Lens and CamFind • Deciding the best use for incorporating TikTok into your marketing campaign

12:15

AI Deployed to Detect Political Ads – The Complexities of Election Advertising Under Bill-76

Microphone-alt Sonia Carreno, President, Interactive Advertising

9:45

Managing Influencers: Mitigating Brand Risk Through Contractual Obligations

Microphone-alt Andrea Longworth, Counsel, Visa Canada

Marina Seidl, Senior Legal Counsel, RBC

Richard Wong, Account Executive, LinkedIn

• Analyzing and mitigating the risks of working with an influencer • Guts of a contract including fees schedule, brand integration, exclusivity and delivery dates • Control vs. creativity: Ensuring influencer activities align with brand strategies • Re-negotiating sponsorships and endorsement contacts • Calculating ROI and the incremental cost of an influencer program • Leveraging influencer content 10:45

Refreshment Break with 1:1 Networking 11:30

Evaluating the Validity of Consumer Complaints: Meeting the Muster of the Canadian Code of Advertising Standards

Microphone-alt Sarah Morgenthau, Counsel, Google Canada

Leore Rosmarin, Legal Counsel, Ad Standards

Mary Ventresca, Vice-President, Marketing & BD, Pattison Outdoor Advertising

• Identifying what elements within an ad led to a complaint and interpreting the code infraction • Complying with the code: tips and tricks for eliminating customer complaints • Enforcing the code and methods for ensuring an honest marketing industry • Examining how safety standards are being re-interpreted during the pandemic: are unsafe or dangerous practices being encouraged?

Bureau of Canada (IAB Canada)

Anne-Marie Migneault, Director, Regulatory Affairs, CBC/Radio-Canada

In 2019, as part of election advertising transparency rules, and to comply with Bill C-76, the Elections Modernization Act (2018), Google did not run election ads. Defining political ads is not a clear-cut exercise in the absence of modernized tools from the government. This panel will examine how non-election ad campaigns were and could be affected by Google’s decision.

• A case study on how artificial-intelligence algorithms are being employed to ensure compliance with Bill C-76 in ad campaigns » Predicting which topics will become election issues and editing ad copy for keywords including political figures or “issues of national importance” 12:45

Finding Solutions to Ethical Dilemmas in Marketing to Minors

Microphone-alt Catherine Bate, Chief Legal and Policy Officer, Ad Standards

Maureen Enright, Vice President, Children’s Food and Beverage Advertising Initiative, BBB National Programs

• Exploring questions of exploiting children’s credulity » Debating whether advertising teaches children emotional attachments to buying products rather than the value of a product • Defining what is harmful to children in advertising and how it might be interpreted by the Ad Standards code » Exploring restaurant campaigns focused on healthy food option • Delineating the difference between advertising a product and providing information » What is permissible?

• Watching your sugars, fats and salts – will Bill S-228, An Act to amend the Food and Drugs Act, make a comeback?

1:30 | Closing Remarks from the Chair

a C5 Group Company

Business Information in a Global Context

Day Three | Thursday, January 21, 2021 (EST) CHEVRON-DOUBLE-RIGHT PROTECTING YOUR BRAND, MAKING YOUR MARK, and BOOSTING YOUR IMAGE

8:15

Remarks from the Chair 8:30 Focus Group Roundtable on Trademarks

Making Your Mark and Staking Your Claim: Winning Strategies Trademark Protection and Brand Preservation

Microphone-alt Paula Fernández Pfizenmaier, Regional Vice President, Americas, Global Advertising Lawyers Alliance (GALA), Partner, Intellectual Property, Privacy, New Technologies and Legal Advertising Department, Bruchou Fernandez Madero & Lombardi, Argentina

Ricardo Fischer, Partner, Trademark Practice Leader, Arent Fox LLP

Kimberly M. Maynard, Partner, Frankfurt Kurnit Klein + Selz PC

• Analyzing the Trademarks Act including requirements for registering non-traditional trademarks » Examining questions of sound, scent, texture, moving image, 3D and hologram trademarks • Trademarking a catchphrase: understanding how the COVID-19 pandemic has changed advertising language • Redefining what is considered inherently distinctive • Policing your trademark and assessing when there is ground for an infringement • Debating when a colour can and cannot be trademarked » When is admissible to use third-party trademark colours? » Analyzing the red-sole shoe case, Christian Louboutin SAS v Van Haren Schoenen BV (2018) • Using geographic locations in the Federal Court decision in Advance Magazine Publishers, Inc. v. Banff Lake Louise Tourism Bureau, 2018 • Arguing the distinctiveness in the case of American Express Marketing & Development Corp. v. Black Card, LLC, 2018 9:30

What’s that Song? Understanding Your Legal Obligations for Music Usage in Ads When Marketing to International Audiences Under Canadian Law

Microphone-alt Marie Lampropoulos, Associate Counsel,

Austin Wong, Director, Legal Counsel, Corus Entertainment

• Examining the fair use doctrine vis-à-vis music and copyrights and knowing when it applies to advertising • Discovering who holds the grant of permission to use copyright material and obtaining licensing • Understanding the perimeters of your licensing agreement, including how the music or art can be depicted in an advertisement » National campaigns versus regional campaigns • Mitigating liability for copyright infringement when obtaining advertising work from third-party companies 10:30

Refreshment Break with 1:1 Networking 11:15

Your Last Chance — Best Marketing Campaigns Amid a Crisis: How to Market a Product Without Being Opportunistic

Microphone-alt Brinsley Dresden, Global Treasurer and Secretary, Global Advertising Lawyers Alliance (GALA), Partner, Advertising & Marketing Law Group, Lewis Silkin LLP, UK

Pam Sidey, Legal Director and Associate General Counsel, Marketing, Regulatory, and Innovation, Labatt Breweries of Canada

Whether it is a natural disaster, an economic crash or a pandemic, companies should never position themselves as taking advantage of a customer in a vulnerable situation. Learn the best ways to market your product while finetuning your message for an audience in crisis.

• Devising protocols for marketers in times of crisis • Developing strategies for communicating and resonating with the audience • Debating the pros and cons of naming the crisis in your messaging versus using general terms • Assessing whether a time of crisis is the best time to rebrand • When and how to engage internal and external counsel in developing and executing crisis-related marketing programs

Business & Legal Affairs, Warner Music Canada

6 | #CIAdLaw

twitter: @CI_Legal linkedin: The Canadian Legal Network

12:00

Playing by the Rules of the Game: Advertising and Marketing through Promotional Contests and Sweepstakes Under the Competition Act

Microphone-alt John Salloum, Partner, Privacy/Marketing, Osler, Hoskin & Harcourt LLP

• Understanding the contractual obligations of advertising contests and applying force majeure in the case of unprecedented circumstances • Calculating what constitutes an “unduly delay” when awarding prizes • Ensuring adequate and fair disclosure including monetary value, regional allocations and odds of winning 12:30

Racially and Culturally Aware Depictions or Portrayals: Marketing to a Diverse Consumer Base

Microphone-alt Karen Chambers, Executive Vice President, Impala Inc./IMAN COSMETICS

Scott Kirkpatrick, General Counsel & EVP, Coca-Cola Ltd. & Minute Maid (Canada)

There is a changing narrative developing in diversity and inclusion worldwide amid the Me Too, Black Lives Matter and other similar social movement. Marketing campaigns are beginning to evolve to better reflect a more socially conscious audience in light of these social movements. This session will explore the influence of growing social movements, diversity, and racial awareness on advertising and marketing.

• Redefining discrimination based upon race or ethnic group • Reevaluating appropriate imagery for brand marketing, including Mars Inc.’s decision to rebrand Uncle Ben’s, and Quaker Oats decision to rebrand Aunt Jemima • Drafting an official company position for using ethnic and racial diversity in marketing imagery, to positively position your brand and protect it 1:30 | Closing Remarks from the Chairs

EARN CPD CREDITS

Legal Accreditation

SUPPORTED BY:

This 3-day conference program can be applied towards 7 hours, 45 minutes of the 9 substantive hours and 1 professional hour of annual Continuing Professional Development (CPD) as required by the Law Society of Ontario.

The same number of hours may be applied to your continuing legal educational requirements in British Columbia.

The Barreau du Québec recognizes 12 hours for this training activity, the latter having been accredited by another Law Society subject to the MCLE. For Alberta lawyers, consider including this course as a CPD learning activity in your mandatory annual Continuing Professional Development Plan as required by the Law Society of Alberta.

Global Sponsorship Opportunities

With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies (American Conference Institute, Canadian Institute, & C5 Communications) provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Ad Standards is the self-regulatory body for Canada’s advertising industry. Through member support and cooperative industry initiatives, we build public confidence in advertising by helping ensure ads, in all media, are truthful, fair and accurate. We administer the Canadian Code of Advertising Standards, which sets criteria for acceptable advertising, and provide a mechanism for adjudicating and resolving consumer complaints and competitive disputes. We also review advertising creative and offer consultative services to help ensure compliance with relevant laws and regulatory guidelines.

Our collaborative relationships with Canadian regulators and global self regulatory organizations provide a diversity of valuable insights, which inform our initiatives and goals. For more information, please visit us at: adstandards.ca

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: SponsorInfo@CanadianInstitute.com.

Top Reasons to Attend UNDERSTAND how emerging and evolving privacy

MASTER the laws of marketing in a social media context

AVOID legal disputes by upholding the highest standards

PROTECT your brand by attaining a strong understanding

regulations from data collection to retention are affecting advertising and marketing practices in Canada and abroad for ad claim substantiation and delve into trends in consumer complaints

from contest clauses to contracting with influencers for greater risk management of trademark protection and copyright licenses

WIN customer trust and loyalty through truthful marketing content, and strategic and compliant rewards programs

3 Ways to Register

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C5 GROUP’S VIRTUAL EVENTS

Re-imagining the way we deliver conferences As the current global situation continues to unfold, we understand that it may not be possible to attend our events in person.

At the same time, we also understand that collaboration is more vital than ever and for that, you can still rely on CI to bring the industry together but in a different way. We are transforming quickly to ensure you can now connect virtually and continue to gain unparalleled access to market leading intelligence and to the facilitation of a global exchange of expertise.

Our new virtual events continue to be guided by our unifying philosophy: we believe that growth and success occurs when the power of people and the power of information come together. We may not be able to gather in person, but nothing stops connection and innovation.

What you can expect at a virtual conference Our virtual conferences are the same conferences you have come to expect in person but transformed to a virtual format. The new virtual conference delivers the same access to a community of industry leaders we have spent decades building and nurturing. We invite you to be part of this community.

Immerse yourself in live presentations, panel discussions, specialized breakout sessions and networking opportunities.

Engage in meaningful dialogue with attendees and speakers in an interactive format.

Meet 1-on-1 with attendees you select and exchange contact information for lasting connections and true engagement.

Expand your network to a global audience.

Visit solution providers and learn about the latest technologies, services and products.

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Reduce waste and carbon footprint through this environmentally friendly platform.

For more information and answers to many of your questions, please visit: CanadianInstitute.com/AdLaw About us: For over 30 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities.

The C5 Group, comprising The Canadian Institute, American Conference Institute and C5 in Europe, is a leading global events and business intelligence company.

Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.