Law Seminars International Presents

An Advanced Two-Day Conference on

New Technologies and New Media in Advertising Law

January 30 & 31, 2006
New York Marriott Marquis Times Square in New York, NY
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Who Should Order Homestudy

All Attorneys and Business Executives Involved in Online Business and Advertising

Why Order

Technology is quickly changing the advertising landscape. The integration of the Internet, e-mail and wireless marketing and other technological innovations with traditional advertising and marketing techniques brings tremendous creative opportunities, as well as tremendous challenges. Meanwhile, the laws governing all channels of advertising and marketing continue to evolve at an ever more rapid pace.To create and conduct successful, integrated campaigns, companies must be knowledgeable about the evolving legal landscape regulating all channels of advertising and marketing, and how the law impacts their businesses. This conference is not just an ordinary overview - the topics covered are at the forefront of how technology is changing the legal realm of advertising, including Privacy and Data Security, Wireless Marketing, the Can-Spam Act, as well as the most up to date "hot topics" in advertising, trademark and copyright law. Also confirmed to speak are regulators from high profile government agencies such as the Federal Trade Commission and the New York State Attorney General's office. ~Program Co-Chairs: Barry M. Benjamin, Esq. and Andrew B. Lustigman, Esq.

What You Will Learn

*Advertising in the Digital Age: Exploiting New Technologies for Reaching Your Audience and Coping with New Ad Filtering Technologies *New Legal Issues Arising from New Technologies *Information Security: Effect of Choice Point - Enforcement by FTC and State Attorneys General *The Regulators' Views, Priorities, and Evolving Roles *The Role of the National Advertising Division and the CARU Division *New Dilemmas in Privacy Policies *Behavioral Marketing in 2005 and Beyond *Branded Entertainment Transactions *Developments in E-mail and Text Messaging Marketing *Developments In Telemarketing in a Changing Marketplace - Compliance with New FTC and FCC Requirements *Adwords and Search Marketing *Protection of IP in the Digital Age *Sweepstakes and Contests in the New Media *Legal Issues in Product Placement *Sponsorship and Licensing Deals *Corporate Leaders Round Table - Opportunities and Headaches - the Major Issues Affecting Business

What Attendees Said

~ Well put together; good coverage of the topic ~ Very practical presentations ~ Superb subject matter organization and choice of speakers! Thank you! ~ A few days later: I have already used the content of the seminar for two clients - Now that's value! ~ Question and answer opportunities helped make presentations more relevant to my practice ~ Great panelists! ~ I enjoyed the give and take of the lawyers - both panelists and audience ~ Seminar ran extremely smoothly ~ Topics were great and all were directly applicable to my practice


Monday, January 30, 2006

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Barry M. Benjamin, Esq., Program Co-Chair
Pitney Hardin LLP / New York, NY
  Andrew B. Lustigman, Esq., Program Co-Chair
The Lustigman Firm, P.C. / New York, NY
8:45 am Advertising in the Digital Age: Exploiting New Technologies for Reaching Your Audience and Coping with New Ad Filtering Technologies
  The impact of digital video recorders (TiVo), adskipping devices, wireless handset marketing, blogs, product placement, search engine marketing on advertising strategies
  Rebecca Lieb, Executive Editor
The ClickZ Network / New York, NY
9:30 am New Legal Issues Arising from New Technologies
  Legal challenges for marketers utilizing new technologies including intellectual property disputes, licensing issues, and regulatory compliance matters
  Jeffrey D. Neuburger, Esq.
Brown Raysman Millstein Felder & Steiner LLP / New York, NY
10:15 am Break
10:30 am Other Key Advertising Law Developments
  Traditional advertisers pushing boundaries; the latest false advertising issues; major concerns for traditional advertising
  Jeffrey A. Greenbaum, Esq.
Frankfurt Kurnit Klein & Selz PC / New York, NY
11:15 am Help! Our Customer Data Has Been Stolen!
  Information Security: The national impact of California's Breach of Security Law; effect of Choice Point and other break-ins on E-Commerce; recent developments and legislation; enforcement by FTC and state attorneys general
  Barry M. Benjamin, Esq., Program Co-Chair
Pitney Hardin LLP / New York, NY
12:00 pm Lunch (on your own)
1:15 pm The Regulators' Views, Priorities, and Evolving Roles
  FTC Guidelines: Agency interpretation of Section 5 of the FTC Act; enforcement mechanisms and priorities
  Richard L. Cleland, Esq., Assistant Director, Division of Advertising Practices
Federal Trade Commission / Washington, DC
  State Enforcement Actions: Actions by State Attorneys General under State Deceptive Trade Practices Acts
  Kenneth M. Dreifach, Esq., Chief, Internet Bureau
Office of the Attorney General / New York, NY
  Stephen Nolan
New Jersey Division of Consumer Affairs / Newark, NJ
3:00 pm Break
3:15 pm The Self-Regulatory Process In New Media: Is it the Same as in Old Media?
  The role of the National Advertising Division of the Council of Better Business Bureaus and its CARU division in monitoring advertising; competitor challenges to advertising in new and developing media
  David G. Mallen, Esq., Assistant Director for Legal Affairs
National Advertising Division of Council of Better Business Bureaus / New York, NY
4:00 pm Privacy Policies: Disasters and Recovery
  New dilemmas in privacy policies; recent legislation including California's "Shine the Light" law; recent developments in Pennsylvania and other states; COPPA; enforcement by FTC and state attorneys general
  Jonathan I. Ezor, Esq., Director & Assistant Professor of Business, Law & Technology
Touro Law Center / Huntington, NY
4:45 pm Behavioral Marketing Now and in the Future
  New legislation on spyware and adware; developments in industry best practices; effect of legislation and regulation on cookies and web beacons; update on enforcement trends and private lawsuits
  D. Reed Freeman, Jr., Esq., Chief Privacy Officer and Vice President
Claria Corporation / Washington, DC
5:30 pm Reception for Attendees and Faculty Sponsored by Pitney Hardin LLP and The Lustigman Firm, P.C.

Tuesday, January 31, 2006

8:00 am Registration & Continental Breakfast
8:30 am The New World of Branded Entertainment Transactions
  The new landscape for marketing and new business models arising from the fusion of entertainment, technology, and advertising
  Joseph I. Rosenbaum, Esq.
Reed Smith LLP / New York, NY
9:15 am New Developments in E-mail and Text Messaging Marketing
  E-mail/Text messaging and the CAN SPAM Act: Applicability; recent decisions; FTC regulations and actions; other litigation; relationship between the CAN SPAM Act and state anti-spam laws
  Lisa J. Sotto, Esq.
Hunton & Williams LLP / New York, NY
10:00 am Break
10:15 am New Developments in Telemarketing in a Changing Marketplace
  Compliance with new FTC and FCC requirements; new laws on faxes and autodialers; uncertainty about safe harbor provisions; technical issues of computer downloads, data integrity, software upgrades, IT management; practical tips for effective campaigns
  Paul H. Luehr, Esq., Vice President, Deputy General Counsel
Stroz Friedberg, LLC / Minneapolis, MN
  Andrew B. Lustigman, Esq., Program Co-Chair
The Lustigman Firm, P.C. / New York, NY
11:15 am Adwords and Search Marketing: Are Keyword-Triggered Advertising Strategies A New Battlefield for Trademark Litigation?
  Recent developments in keyword-triggered advertising: A discussion of trademark law as it relates to keyword-triggered advertising, including notable cases about both pop-up ads and cost-per-click sponsored link text ads
  Michael S. Kwun, Esq., Litigation Counsel
Google / Mountain View, CA
12:00 pm Lunch (on your own)
1:15 pm Protection of IP in the Digital Age
  Current issues in protecting trademarks and copyrights; discussion of fair use; gripe sites and blogs; (how aggressive should a company be in responding?)
  Stephen W. Feingold, Esq.
Pitney Hardin LLP / New York, NY
2:00 pm Sweepstakes and Contests in the New Media
  Legal issues integrating electronic (on-line/wireless) media with traditional games and contests; the Internet as an alternative means of entry in the wake of the New York Attorney General's actions; utilizing SMS messaging for contests and sweepstakes.
  Joseph J. Lewczak, Esq.
Davis & Gilbert LLP / New York, NY
2:45 pm Break
3:00 pm Legal Issues in Product Placement
  Licensing, clearance issues, disclosure requirements
  Kenneth R. Florin, Esq.
Loeb & Loeb LLP / New York, NY
3:30 pm Sponsorship and Licensing Deals
  Sponsorship agreements, content licensing and retail licensing: Terms to include and avoid when dealing with these relationships
  James D. Leonard, Esq.
Faegre & Benson LLP / Denver, CO
4:00 pm Corporate Leaders Round Table - Opportunities and Headaches of New Media, An Interactive Panel
  Sofia S. Rahman, Esq., Vice President, Associate General Counsel
Citigroup - Citi Cards Legal Department / Long Island City, NY
  Robert J. Posch, Jr., Esq., Senior VP, Legal, Postal, Government Affairs & CCO/Secretary
Bookspan / Garden City, NY
  Marc Roth, Esq., Vice President and Associate General Counsel
Synapse Group, Inc. / Stamford, CT
5:00 pm Evaluations & Adjourn


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

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 14.5 CA MCLE credits, 14.3 GA CLE credits, 14.25 IN CLE credits; 17.1 MO CLE credits; 17.1 RI CLE credits; 14.25 SC CLE credits; 14.25 VT CLE credits. NY CLE credit is pending. We will apply for CLE credits in other states and other types of credits upon request.


Our complete Homestudy Course, consisting of a VHS or 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

Barry M. Benjamin, Program Co-Chair, a partner at Pitney Hardin LLP, counsels clients on the development of their advertising and promotion marketing strategies. He negotiates deals ranging from traditional agency-client, co-promotion, tie-in and talent agreements, to web site content license agreements.

Andrew B. Lustigman, Program Co-Chair, of The Lustigman Firm, P.C., represents direct marketers, advertisers, media and Internet companies in all aspects of their promotional marketing business. He writes the legal column "It's the Law" for DM News.

Richard L. Cleland is the Assistant Director of the Division of Advertising Practices at the FTC. Previously, he served as Special Assistant Attorney General and Director of the Division of Consumer Protection in the Iowa Attorney General's Office.

Kenneth M. Dreifach serves as Chief of New York Attorney General Eliot Spitzer's Internet Bureau and is the representative on the NAAG Internet Law Committee and Privacy Sub-Committee. He is on the Advisory Board of the Electronic Commerce & Law Reporter.

Jonathan I. Ezor is the Director of the Touro Law Center Institute for Business, Law and Technology, and an Assistant Professor of Law and Technology. He was recently named one of Long Island Business News' "Top 40 Under 40" for 2005.

Stephen W. Feingold, a partner at Pitney Hardin LLP, focuses his practice on trademarks, litigation matters, licensing of trademarks and technology, and privacy counseling. He wrote one of the first articles concerning trademark and copyright enforcement on the Internet, and assists companies with cybersquatting and Internet-related transactions.

Kenneth R. Florin is a partner at Loeb & Loeb LLP. He represents Fortune 500 companies, advertising and promotions agencies and new media companies. His writings have appeared in Advertising Age, PROMO Magazine and Corporate Counsel Magazine.

D. Reed Freeman, Jr. is Claria Corporation's Chief Privacy Officer and Vice President for Legislative and Regulatory Affairs. Previously, he was a partner at Collier Shannon Scott. He is a former staff attorney for the FTC's Bureau of Consumer Protection.

Jeffrey A. Greenbaum counsels clients on advertising, branded entertainment, and IP matters at Frankfurt Kurnit Klein & Selz PC. He teaches "Legal Principles in Creative Industries" at Parsons School of Design, and writes the monthly "Legalease" column in Shoot magazine.
Full bio and contact info for Jeffrey A. Greenbaum at Frankfurt Kurnit Klein & Selz, PC

Michael S. Kwun is Litigation Counsel at Google, and is primarily responsible for managing Google's intellectual property litigation matters.

James D. Leonard is a partner at Faegre & Benson LLP. His practice focuses on sports law, sponsorship, promotional agreements, retail, IP licensing, and sweepstakes. His clients include sporting organizations, such as the Colorado Rockies, USA Hockey, The Vail Valley Foundation and the Independence Bowl.

Joseph J. Lewczak is a partner in the Advertising, Marketing and Promotions group of Davis & Gilbert LLP. He is an expert in the areas of games of chance, complex skill contests, telemarketing, direct mail, and charitable solicitations.

Rebecca Lieb is Executive Editor of the ClickZ Network. She has held executive marketing and communications positions at strategic e-services consultancies such as Siegel & Gale, Universal Television & Networks Group and Bertelsmann's German network, RTL Television.

Paul H. Luehr is Vice President and Deputy General Counsel of Stroz Friedberg, LLC. Previously at the FTC, he led some of the first cases against cross-border telemarketing schemes and Internet scams. As the Computer Crimes Coordinator at the U.S. Attorney's Office in Minnesota he worked on the search of terrorist Zacarias Moussaoi's lap top and the arrest of the Blaster Worm virus writer. He was featured by Business Week as one of the U.S. top cyber-cops.

David G. Mallen is Assistant Director for Legal Affairs at the National Advertising Division of the Council of Better Business Bureaus. He reviews national advertising campaigns, analyzes claim substantiation issues, and has resolved disputes between advertisers of dietary supplements, food and drug products, telecommunication services, consumer household products, and computer technology.

Jeffrey D. Neuburger is Chair of the Technology, Media and Communications Department at Brown Raysman Millstein Felder & Steiner LLP. He has been recognized in International Who'ís Who of E-Commerce lawyers, Wired Magazine, Crain's New York Business, Silicon Alley Reporter and Alley Cat News.

Robert J. Posch, Jr. is the Senior Vice President of Legal, Postal, and Government Affairs and Chief Compliance Officer/ Secretary of Bookspan, responsible for legal, corporate secretarial and postal functions and acting as a liaison to regulatory agencies. He has written many books on marketing law and over 300 articles published in Direct Marketing Magazine.

Sofia S. Rahman is Vice President and Associate General Counsel in the Citi Cards legal department at Citigroup. Her practice focuses on online and offline marketing, including drafting agreements and advising on privacy and data security, online advertising, gift cards, sweepstakes and telemarketing.

Joseph I. Rosenbaum is head of the New York based E-Commerce practice at Reed Smith LLP. Previously, he was Senior Counsel at American Express. He is a technology and IP dispute resolution mediator for the World Intellectual Property Organization based in Geneva, Switzerland.

Marc Roth is Vice President and Associate General Counsel at Synapse Group, Inc. Previously, he was a staff attorney in the New York Regional Office of the FTC. He is a noted author and speaker on privacy, e-mail and general direct marketing legal issues.

Lisa J. Sotto is a partner at Hunton & Williams LLP where she assists clients in identifying, evaluating and managing risks associated with privacy and information security practices of companies and third parties. She is Vice Chair of the Department of Homeland Security Data Privacy and Integrity Advisory Committee.