January 26 27, 2015 Pantages Hotel Toronto

(1)

A distinguished faculty of legal and marketing professionals will

provide you with insights into:

• The challenges & opportunities of mobile marketing

• How to protect your client when facing new privacy constraints

online

• The latest cases, best practices and

solutions to overcome challenges related to running contests

• In-depth analysis of the latest legal

developments and implications for advertisers

• The “need-to-know” legalities of using beacon technology • Solutions to handle misleading

product and consumer reviews

The Canadian Institute’s

21

st

Annual

advertising

and

m a r k e t i n g l a w

Merging business strategy with legal compliance

January 26–27, 2015

• Pantages Hotel • Toronto

With Participation From:

Advertising Standards Canada AIMIA Bell Canada Capital One Competition Bureau, Justice Canada Rogers Communications Shoppers Drug Mart Unilever Canada Inc.

Chairs

Bill Hearn Counsel Davis LLP Kristi Lalach Vice-President Legal and Compliance FGL Sports Ltd. & Mark’s Work Wearhouse Ltd. This program fulfills 13.5 professionalism hours

CASL:

6 mon

th r

evie

_w

TOP REASONS TO ATTEND

 Industry specific advertising issues addressed: Food, Bank & Retail

 CASL: Addressing everyday challenges post-July 1  Best practices for social media marketing,

compliant contests & mobile advertising  Unparalleled networking opportunities  Practical legal and business guidance

WHO SHOULD ATTEND

• In-House Counsel • Advertising & Marketing Lawyers • Competition Lawyers • Privacy Lawyers • Marketing professionals • Director of Marketing, legal • Law clerks • Paralegals • CEOs, VPs and Managers of: - Compliance - Advertising - Marketing - Promotions - Public or Consumer Relations - Online/Social Media

Join us at Canada’s Premier Advertising

and Marketing Law Event for Key Updates

and Cutting Edge Analysis

Giving great advice means recognizing, anticipating and reacting to the latest developments. Equip yourself to do just that by joining us January 26–27, 2015 in Toronto at The Canadian Institute’s 21st Annual Advertising & Marketing Law program. Stay current in this dynamic field with practical, in-depth and innovative strategies and solutions from practice leaders, industry experts and key regulators. Gain the knowledge you need to dispense legal advice that encourages marketing innovation while minimizing legal risk.

• Stay abreast of the issues by hearing how others are complying with CASL

• Run completely compliant contests through leading best practices and recent case studies

• Discover what an adequate and proper test looks like when conducting

comparative testing

• Avoid litigation with an in-depth guide to emerging privacy issues facing online and social media platforms today

• Create responsible and effective advertising by learning the latest industry standards and concerns from the ASC

Register today by calling The Canadian Institute at 1-877-927-7936,

by faxing your registration to 1-877-927-1563 or by registering online at

www.CanadianInstitute.com/AdLaw.

(3)

Robert Finta Associate General Counsel TELUS • 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 • Drafting mock competitive advertising claims • A detailed guide for challenging advertising claims of direct competitors 12:30 Networking Luncheon 1:45 Update from the Regulators

Ian Clarke Counsel Competition Bureau Canada Brent Homan Director General, PIPEDA Office of the Privacy Commissioner of Canada • What privacy issues, domestic and international, are being looked at most closely? • Latest enforcement issues and trends

2:45 Emerging Issues to Watch

Amy Mudge Partner Venable LLP

• Third party liability: multiple hands touching the same ad campaign

- The Dandelion Theory

MONDAY, JANUARY 26, 2015

7:30 Registration Opens and

Refreshments Served 

8:30 Opening Remarks from Co-Chairs

Bill Hearn Counsel Davis LLP Kristi Lalach Vice-President Legal and Compliance FGL Sports Ltd. & Mark’s Work Wearhouse Ltd.

8:45 Advertising in Canada and Beyond:

Current Conditions & Key Developments

Kelly Moffatt Partner, Chair of Advertising & Marketing Group Osler Hoskin & Harcourt LLP John Yorke President Rain43 • 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 B. Elder Counsel Stikeman Elliot LLP Adam Kardash Partner Osler, Hoskin & Harcourt LLP • Enforcement issues

• What you can do under CASL

DAY ONE

I gained an in-depth approach, specific examples, and useful takeaway tools.

Kelly Zalec, Legal Counsel, Rogers Communications





• 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

Brenda Pritchard Partner Gowling Lafleur Henderson LLP Ruth Rapoport Assistant General Counsel Unilever Canada Inc. • 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

(4)

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 & Trade-marks Act: Implications for Advertisers

Brian R. Fraser Partner Gowling Lafleur Henderson LLP Antonio Turco Partner Blake, Cassels & Graydon LLP

3:30 Afternoon Refreshment Break  3:45 Evidence and Comparative Testing:

Running a Proper Test

Ruth M. Corbin, Ph.D., LL.M. Chair, CorbinPartners Inc. Adjunct Professor Osgoode Hall James Musgrove Co-Chair, Competition and Antitrust Practice McMillan LLP • 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

Michael Kilby Partner Stikeman Elliot LLP Anita Banicevic Partner Davies Ward Phillips & Vineberg 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

• 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 Morning Refreshment Break  10:45 View from ASC

Linda J. Nagel President & CEO

Advertising Standards Canada Janet Feasby

Vice President, Standards 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

DAY TWO

(5)

2:00 Privacy Issues:

A Guidebook for Advertising Online

Robert H. Newman Associate

Winston & Strawn LLP Lorraine M. Fleck

Lawyer & Trademark Agent Fleck & Chumak LLP David Young Principal David Young Law

• 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

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. Nina Mapara Senior Counsel Capital One Sara Zborovski Partner Davis LLP Lynn Guthrie Legal Counsel Shoppers Drug Mart

• Advertising and Marketing under the

Food and Drugs

Act: prescription and non-prescription 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



11:15 Addressing Complicated Contests

Kelly A. Zalec Legal Counsel Rogers Communications Karen D. Levin Legal Counsel Rogers Communications Fabien Fourmanoit Senior Counsel Bell Canada Richard Sabbagh Assistant General 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 Gift Cards & Loyalty Programs

Ryan W. Mills

Assistant General Counsel, Canada AIMIA

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

The conference covered a good spectrum of trending topics around OBA (Online Behavioural Advertising).

Mindy Turner, Law Clerk, Kraft Canada



(6)

©The Canadian Institute, 2014

YES! Register the following delegate for the 21st_{Annual Advertising & Marketing Law}

CONTACT DETAILS

PAYMENT DETAILS

PLEASE ADD 13% HST TO ALL ORDERS

1

2

3

NAME POSITION ORGANIZATION ADDRESS

CITY PROVINCE POSTAL CODE

TELEPHONE FAX EMAIL

Please charge my o VISA o MasterCard o AMEX o DISCOVER CARD NUMBER

EXP. DATE CARDHOLDER

o I have enclosed my cheque for $_______________ including applicable taxes made payable to

The Canadian Institute (GST No. 84221 1153 RT0001 )

FEE PER DELEGATE _{Register & Pay by December 23, 2014}SAVE $200 Register & Pay after December 23, 2014

PLEASE ADD 13% HST TO ALL ORDERS

o Program (on site) $2095 $2295

o Live Webcast (Program Only) $1595 All program participants will receive an online link to access the program materials as part of their registration fee

o Please add a copy of the *Program Proceedings oBINDER or oCD-ROM to my order for $295 + $22.95 (S+H) + applicable taxes *Program Proceedings are published and shipped 4 weeks from the program

o I cannot attend but would like information on purchasing a copy of the Program Proceedings

o Wire Transfer ($CAD)

Please quote the name of the attendee(s) and the program code 265L15 as a reference. Beneficiary: The Canadian Institute Bank Name: HSBC / Account #: 055319-001 Address: 150 Bloor St, Suite M100, Toronto, ON Swift Code: HKBCCATT / Transit #: 10362 / Bank #: 016

ADMINISTRATIVE DETAILS Hotel Reservations

For nearby hotel accommodations please see below and ask for the hotels best available rate.

VENUE: Pantages Hotel

ADDRESS: 200 Victoria Street, Toronto, ON M5B 1V8

TEL.: 416-362-1777 or 1-866-852-1777

A courtesy room rate has been provided by the Pantages Hotel, starting at $169 per night. Rooms will be sold on a first come first serve bases, based on hotel availability. To make a reservation, please call 416-362-1777 or 1-866-852-1777 and ask for “The Canadian Institute” courtesy rate.

Registration Fee

The fee includes the program, all program materials, coffee breaks and lunches.

Payment Policy

Payment must be received in full by the program date to ensure admittance. All discounts will be applied to the Program Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order.

Cancellation and Refund Policy

You must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify The Canadian Institute in writing no later than 10 days prior to the program date and a credit voucher will be issued to you for the full amount paid. Credit Vouchers are valid for 1 year and are redeemable against any other program by The Canadian Institute. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the program date. The Canadian Institute reserves the right to cancel any

CALL, EMAIL, VISIT OUR WEBSITE, OR REGISTER BY MAILING/FAXING FORM BELOW: PROGRAM CODE: 265L15-TOR

To receive exclusive discounts, program updates and offers, join our email list at www.canadianinstitute.com/emaillist

Sponsorship & Exhibition Opportunities

Daniel Gellman

Director of Business Development

telephone: 416-927-0718 ext. 7389 email: d.gellman@CanadianInstitute.com

LEGAL ACCREDITATION

This program may be eligible toward the CPD Requirement as 13.5 Substantive Hours, as required by the Law Society of Upper Canada. This program has been approved by the Law Society of Saskatchewan for 13.5 CPD hours for the conference.

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

The Barreau du Québec automatically recognizes the same number of hours for this training activity, the latter having been accredited by another Law Society subject to MCLE.

Attendance at this program by members of the Law Society of Alberta may be submitted to the Law Society for Continuing Professional Development credits.





The calibre of speakers and the range of topics was very impressive.

Andrea Kroetch, Associate, Smart & Biggar/Fetherstonhaugh

(7)

The Canadian Institute’s

21

st

Annual

The Canadian Institute’s

21

st

Annual

advertising

and

advertising

and

marketing law

m a r k e t i n g l a w

Merging business strategy with legal compliance

Acquire the knowledge you need to dispense legal advice that

encourages marketing innovation while minimizing legal risk:

- CASL in review – 6 months later

- Best practices for running contests

- Testing do’s and don’t

- Privacy issues facing online and social media platforms

- The latest industry standards from the Advertising Standards Canada

3454142

ATTENTION MAILROOM: If undeliverable to addressee, please forward to:

Lawyer, Law Clerk, Paralegal, Legal Counsel, In House Counsel, Director of Legal Affairs, General Counsel

5 Easy Ways to Register

PHONE: 1-877-927-7936 or 416-927-7936 EMAIL: CustomerService@ CanadianInstitute.com ONLINE: www.CanadianInstitute.com/adlaw FAX: 1-877-927-1563 or 416-927-1563 MAIL:

The Canadian Institute 1329 Bay Street, Toronto Ontario M5R 2C4 To expedite your registration, please

mention your Priority Service Code

265L15.WEB