Law Seminars International Presents: An Advanced Two-Day Conference on

eHavioral, Peer-to-Peer and New Media Marketing
Current regulatory, legal, technological and business developments

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

June 2 & 3, 2008
Washington State Convention and Trade Center in Seattle, WA

Who Should Order This Homestudy

Attorneys and Business Executives Involved in Marketing and Advertising Online and in New Media

Why Order

Today's comprehensive advertising campaigns almost certainly make use of new forms of media, such as behavioral marketing, peer-to-peer endorsements, wireless or geo-targeted messaging and user-generated content. To do it right, lawyers and business people need to understand the industry, the applicable laws and industry standards, and the public's expectations and boundaries.

This conference will feature speakers presenting business and legal perspectives on advertising using new media, and will impart the most important information and insights a practitioner needs in order to add value for a company that is entering this new arena.

~ Program Co-Chairs: Bruce E. H. Johnson, Esq. and Kristen J. Mathews, Esq.

You Will Learn About


Monday, June 02, 2008

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Bruce E. H. Johnson, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Kristen J. Mathews, Esq., Program Co-Chair
Proskauer Rose LLP / New York, NY

8:45 am

Special Address: Federal Regulatory Concerns Arising From the Growth of eHavioral and Other New Approaches to Marketing

The FTC's proposed Online Behavioral Advertising Privacy Principles; other policy concerns and policy initiatives relating to online advertising

Charles A. Harwood, Esq., Director, Northwest Region
Federal Trade Commission / Seattle, WA

9:30 am


9:45 am

State Regulatory Developments

New York

Andrew B. Lustigman, Esq.
The Lustigman Firm, P.C. / New York, NY


Katherine M. Tassi, Esq., Assistant Attorney General
Washington State Office of the Attorney General / Seattle, WA


Brian Fergemann, Esq.
Winston & Strawn LLP / Chicago, IL

11:15 am

Special Issues for User-Generated Advertising

Liability and immunity defense issues under section 230 of the Communications Decency Act; rights of publicity issues; Subway v. Quiznos; Perfect 10 v. Google & v. CCBill; Roommates and craiglist cases; other cases

Rory S. Miller, Esq.
Quinn Emanuel Urquhart Oliver & Hedges, LLP / Los Angeles, CA

12:15 pm

Lunch (on your own)

1:30 pm

Taking Advantage of New Opportunities: eHavioral Marketing

What you need to know about Network Advertising Initiative industry standards; what we can learn from Facebook; other eHavioral business models

Gregory Ritts, Esq., Moderator, VP and Deputy GC, Microsoft Advertiser & Publisher Solutions
Microsoft Corporation / Redmond, WA

Robert Gratchner, Director of Privacy
aQuantive, Inc. / Seattle, WA

Katherine Hendricks, Esq.
Hendricks & Lewis / Seattle, WA

Bennett Zucker, VP, Sales & Marketing
aCerno Inc. / New York, NY

3:15 pm


3:30 pm

Peer-to-Peer Endorsements; Viral Marketing; Word of Mouth Advertising; Buzz Marketing

Tell-a-friend, send-to-a-friend, sock-puppetry, and other forms of marketing based on social networking on the Internet; update on the FTC Endorsement Guidelines

Jeffrey A. Greenbaum, Esq.
Frankfurt Kurnit Klein & Selz PC / New York, NY

4:15 pm

First Amendment and Advertising

The right to spam; anonymous blogging; bloggers as journalists; prescription drug targeted marketing

Theodore J. Angelis, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA

5:00 pm

Reception for Faculty and Attendees Sponsored by Davis Wright Tremaine LLP and Proskauer Rose LLP


Tuesday, June 03, 2008

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Bruce E.H. Johnson, Esq., Program Co-Chair
Davis Wright Tremaine LLP / Seattle, WA

Kristen J. Mathews, Esq., Program Co-Chair
Proskauer Rose LLP / New York, NY

8:45 am

New Era of Product Placement

TV programming; DVR interface; Second Life; Fake movie previews; MySpace; YouTube

Kraig L. Baker, Esq.
Davis Wright Tremaine LLP / Seattle, WA

In-game advertising

Daniel O'Connell Offner, Esq.
Nixon Peabody LLP / Los Angeles, CA

10:00 am


10:15 am

Privacy in Advertising

Behavioral/targeted marketing; FTC's new behavioral marketing guidelines; data protection issues

Gwendolyn C. Payton, Esq.
Lane Powell PC / Seattle, WA

Data security: Breach of security; data breach notification laws; enforcement priorities and mechanisms; FTC and state enforcement of data security

Tanya L. Forsheit, Esq.
Proskauer Rose LLP / Los Angeles, CA

Geo-location advertising

Matthew Muilenburg, Esq., Executive Director of Marketing Strategy
The Cobalt Group, Inc. / Seattle, WA

12:15 pm

Lunch (on your own)

1:15 pm

Wireless Promotional Messaging

SMS text message promotions; Mobile Marketing Association standards; carrier guidelines and requirements for mobile messaging

Daniel M. Waggoner, Esq.
Davis Wright Tremaine LLP / Seattle, WA

2:15 pm

Blogging and Social Media Marketing

Legal issues surrounding the growing use of blogs and social media for marketing purposes

Lisa T. Oratz, Esq.
Perkins Coie LLP / Seattle, WA

3:00 pm


3:15 pm

Where is the Technology Heading Next? What are the Implications for Marketing?

Kristen J. Mathews, Esq., Program Co-Chair, Moderator
Proskauer Rose LLP / New York, NY

Katie Dreke, Research/Planning Director
Wexley School for Girls, LLC / Seattle, WA

Knox Duncan, Senior Director, Planning

Edward H. Fallon, Esq., Sr. Corporate Counsel, Mobile Content & Mktg.
T-Mobile USA, Inc. / Bellevue, WA

Alan L. Friel, Esq.
Wildman, Harrold, Allen & Dixon LLP / Chicago, IL

4:15 pm

Ethics in New Media Advertising

Lawyer advertising and lawyer blogs; state bar ad labeling requirements for blogs and legal newsletters; online legal advice (attorney-client relationships); Second Life legal representation

Kevin O'Keefe, Esq., President and Founder
lexBlog, Inc. / Seattle, WA

5:15 pm

Evaluations and Adjourn



There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 12.25 WA CLE inc 1 ethics. Upon request, we will apply for CLE credits in other states and other types of credits.


Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Bruce E.H. Johnson, Program Co-Chair, partner at Davis Wright Tremaine LLP, focuses on constitutional and commercial litigation, defamation defense and professional liability. He provides advice for newspapers, broadcasters, book publishers and film producers and is chair of the firm's Ethics Committee.

Kristen J. Mathews, Program Co-Chair, partner in the Corporate Department and the Technology, Media and Communications and Privacy and Data Security Practice Groups of Proskauer Rose LLP, focuses on technology, e-commerce and media-related transactions and advice, with concentrations in data privacy, data security, direct marketing and online advertising.
Full bio and contact info for Kristen J. Mathews at Proskauer Rose LLP

Charles A. Harwood, Special Address, Director of the Federal Trade Commission's Northwest Region, was counsel to the U.S. Senate's Committee on Commerce, Science and Transportation.

Gregory Ritts, Moderator, Vice President and Deputy General Counsel in the Advertiser and Publisher Solutions Group at Microsoft Corporation, leads the legal and privacy department supporting the Microsoft publisher and advertiser tools.

Theodore J. Angelis, partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses on cyber and technology law, intellectual property litigation, constitutional law and appellate matters.
Full bio and contact info for Theodore J. Angelis at Kirkpatrick & Lockhart Preston Gates Ellis LLP

Kraig L. Baker is a partner at Davis Wright Tremaine LLP and Chair of Technology, E-Business and Digital Media Department as well as Chair of Entertainment, Sports and Media Transactions Practice Area. He focuses on advice and licensing transactions on media, entertainment, advertising, privacy, high-tech and Internet issues, with particular emphasis on digital media and entertainment.

Katie Dreke is the Research/Planning Director at Wexley School for Girls, LLC, an advertising and marketing agency working with clients to capitalize on new forms of media. Her focus is uncovering of consumer motivations and cultural shifts.

Knox Duncan is Senior Director of Planning at WONGDOODY. Previously he was at Barkley Evergreen & Partners as Senior Vice-President and Director of Planning, heading the Media and Account Planning Departments.

Edward H. Fallon, Senior Corporate Counsel of Mobile Content and Marketing for T-Mobile USA, Inc. is responsible for assessing mobile content legal issues and providing legal review of their advertising, sweepstakes and promotions.

Brian Fergemann, partner in Winston & Strawn LLP's Intellectual Property Department, counsels clients on advertising, promotion, e-commerce and IP matters.

Tanya L. Forsheit, partner at Proskauer Rose LLP in the Litigation and Dispute Resolution Department and member of the Privacy and Data Security Practice Group, focuses on privacy and data security obligations and developing internal and public-facing policies.

Alan L. Friel, partner in the Intellectual Property Department of Wildman, Harrold, Allen & Dixon LLP, focuses on contractual transactions, intellectual property, regulatory compliance, financing, licensing, distribution, acquisitions, joint ventures and strategic alliances.

Robert Gratchner, Director of Privacy at aQuantive, Inc., a Microsoft Corporation subsidiary, is responsible for overseeing the creation and implementation of worldwide privacy and legislative strategy. He is a board member for the Network Advertising Initiative.

Jeffrey A. Greenbaum, partner in the Advertising, Marketing and Public Relations Group at Frankfurt Kurnit Klein & Selz PC, counsels clients on advertising, branded entertainment and IP matters.

Katherine Hendricks, partner at Hendricks & Lewis, focuses on copyright, trademark, unfair trade practices, licenses, advertising and packaging.

Andrew B. Lustigman, principal at The Lustigman Firm, P.C., represents direct marketers, advertisers, media and Internet companies in their advertising and promotional marketing business.
Full bio and contact info for Andrew B. Lustigman at The Lustigman Firm, P.C.

Rory S. Miller is an attorney at Quinn Emanuel Urquhart Oliver & Hedges, LLP.

Matthew Muilenburg, Executive Director of Marketing Strategy at The Cobalt Group, Inc., works to improve automotive retailing and marketing effectiveness. He is an expert in search engine marketing.

Kevin O'Keefe is President of lexBlog, Inc., a leading source of information and commentary on the use of blogs, RSS and social media for the marketing of law firms.

Daniel O'Connell Offner, partner at Nixon Peabody LLP, focuses on corporate and intellectual property representing clients in the videogame, new media, digital content, wireless and merchandise licensing industries.

Lisa T. Oratz, of counsel at Perkins Coie LLP, focuses on technology, intellectual property and entertainment law. She counsels on Internet and new media issues, including content liability, privacy, intellectual property rights, site terms and the drafting and negotiation of licensing, distribution, marketing and other agreements.

Gwendolyn C. Payton, shareholder at Lane Powell PC, focuses on complex commercial litigation, class actions, intellectual property, antitrust and trade litigation, and speaks on Internet law issues.
Full bio and contact info for Gwendolyn C. Payton at Lane Powell PC

Katherine M. Tassi, Assistant Attorney General with Washington State Attorney General's Office, works in the Consumer Protection Division's High-Tech Unit litigating spyware, spam and other cases.

Daniel M. Waggoner, partner at Davis Wright Tremaine LLP , focuses on communications, media and intellectual property issues under the First Amendment and the Communications Act. He represents new and traditional media programmers and content providers in both transactions and specialized litigation matters and negotiates technology contracts and analyzes regulator issues for wireless, VoIP and other providers.

Bennett Zucker, Vice-President, Sales & Marketing at aCerno Inc., is involved with interactive media and technology. Previously he was Vice President and General Manager of the Publisher Media Exchange at Right Media, acquired by Yahoo! during his tenure.

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