Advertising and Marketing Law Conference 2020
Gain practical guidance on key legal issues in the industry as it rapidly moves further to the online world. Receive essential tips and understand the response by Regulators to protect consumers. Learn how to manage your IP risks through several real life scenarios and examine key ACL issues with an ecommerce campaign. Finally, spend time exploring regulatory intervention, amendments, recent cases and updates on the Code of Ethics and the important advertising self-regulation system.
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Online Marketing and Advertising Issues in 2020
Chair: Tamara Daran, Legal Director & Company Secretary, South Pacific, Colgate-Palmolive Company
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Regulatory Reshaping of the Online Advertising and Marketing Sector and Privacy: Current Status and What’s Next
- Marketers, advertisers, intermediaries and data: new norms for governance of data about users
- The ACCC and opacity in the advertising value chain: how codes and reporting transparency will transform marketing
- Digital platforms vs media publishers: Will advertisers be collateral damage?
- Behavioural marketing: Will reform of privacy regulation reshape what can be done?
- The ACCC as litigant: Trivago and Google and the future of consumer protection law
Presented by Peter Leonard, Principal, Data Synergies and Professor of Practice, UNSW Business School
9.50am to 10.45am: Branding, Influences and the New Influencers Marketing Code of Practice
- Social media advertising: the legal issues
- Reputation, trust and political correctness in the brand and marketing
- Legal liability and what to do when they say something that is wrong in the following situations
- Celebrity influences: Pete Evans and COVID-19 health claims
- Reviews and testimonials
- Reputation, trust and political correctness in the brand and marketing
Presented by Steve Brown, Chairman, Etienne Lawyers and Tony Eades, Brand Futurist - Chief Strategy Officer, CEO (APAC) Salted Stone
10.45am to 11.00am: Morning Tea
11.00am to 12.20pm: Managing IP Risks in Advertising and Marketing Including Online Marketing
Presented by Alison Jones, Senior Associate, Corrs Chambers Westgarth
Case Study and Q&A on Managing IP Risks
Presented by Alison Jones, Senior Associate, Corrs Chambers Westgarth
12.20pm to 1.15pm: Ecommerce and the Australian Consumer Law
- Misleading or deceptive conduct: websites, social media, digital advertising (including testimonials)
- Statutory consumer guarantees, unfair contract terms and relationship with misleading or deceptive conduct.
- Is there a prohibition against price gouging
Presented by Ayman Guirguis, Partner, K&L Gates; Best Lawyers 2021, Competition Law
1.15pm: Q&A and Closing Comments by the Chair
Session 2
Regulatory Intervention, Amendments and Update
Chair: Jacinta Dale, General Counsel & Company Secretary, JBS Australia
2.00pm to 2.45pm: An Overview of Key Advertising and Marketing Law Cases from 2020
- Lessons from the latest court decisions
- ACCC enforcement activity
- Cases to watch in 2021
Presented by Sonia Stewart, Barrister 5 Wentworth Chambers
2.45pm to 3.30pm: Dealing with the Regulator and Responding to Complaints or Enforcement
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2019, Biotechnology Law, Intellectual Property Law, Life Sciences Practice, Litigation; Recommended Contentious Intellectual Property Lawyer, Doyle’s Guide 2020
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Experiences with the Advertising Reforms under the Therapeutic Goods Act
Presented by Dr Teresa Nicoletti, Partner, Mills Oakley; Leading Lawyer (Band 1), Life Sciences, Chambers Asia-Pacific; Best Lawyers 2019 Life Sciences Practice, Biotechnology Law and Health & Aged Care Law
4.30pm to 5.15pm: Updates to the Codes of Ethics and the Advertising Self-regulation System
Presented by John Broome, Chief Executive Officer, AANA (Australian Association of National Advertisers)
5.15pm: Final Q&A and Closing Comments by the Chair
Presenters
Tamara Daran
Tamara Daran is currently the Legal Director and Company Secretary for Colgate-Palmolive, South Pacific, based in Sydney. Tamara’s expertise across a number of areas of Law but her primary focus is on commercial, corporate, competition & consumer law as well as general compliance, including anti-bribery and data privacy. Tamara’s passion lies in proactive engagement through compliance training and education, translating the law to all levels of an organization ensuring relevant legal principles are clearly understood across both developed as well as developing markets. Tamara is also a mother of three children and passionately enjoys yoga, meditation and running.
Peter Leonard
Peter Leonard is a data and technology business consultant and lawyer advising data-driven businesses and government agencies. Peter is principal of Data Synergies and a Professor of Practice at UNSW Business School (IT Systems and Management, and Business and Taxation Law). Peter chairs the IoTAA’s Data Access, Use and Privacy work stream, the Law Society of New South Wales’ Privacy and Data Committee and the Australian Computer Society’s Artificial Intelligence and Ethics Technical Committee.
Steve Brown
Steven Brown is highly experienced lawyer with an extensive knowledge in all aspects of commercial law, with an intimate knowledge of the Corporations Law and the Australian Securities Exchange business and listing rules, being involved in corporate structuring, compliance, corporate takeovers, company floats, the preparation of prospectuses, employee share schemes and advising on directors' duties, and insolvency and securities law and practice. Steven currently lectures: in the Masters of Banking Law Course conducted by Macquarie University; in the Master of Finance for FINSIA in the areas of securities and insolvency and contract law and law, regulation and ethics; and for the Property Investors Association of Australia in security law and practice.
Tony Eades
Tony Eades Director of Brand Strategy at BrandManager, a digital inbound marketing agency in Sydney, Melbourne and Perth, Tony assists businesses large and small to become market leaders through innovative brand strategy, creative communications and digital marketing - delivering measurable ROI across multiple platforms. With a BA in Design Media, Tony's career began in advertising with West Australian Newspapers and as promotions co-ordinator for Myer and built a unique 'design online' business marketing platform, securing $500K in venture capital funding and created an interactive TV drama series that featured at MipTV in Cannes.
Alison Jones
Alison Jones is an experienced senior associate and notary public in the intellectual property practice of premium independent national law firm Corrs Chambers Westgarth. Alison specialises in intellectual property and consumer protection law, and advises clients across all business sectors on a range of IP, regulatory and related areas including IP strategy and licensing, trademarks, copyright, patents, design rights, franchising, advertising and consumer law, social media, privacy law compliance. Alison's experience in this area also includes secondments at a multinational FMCG company and a major global interactive marketing services company.
Ria Manguray
Ria Manguray is an award-winning lawyer and qualified corporate practitioner in New South Wales. She is the Legal Counsel of Tourism Australia, the Australian Government agency responsible for attracting international visitors to Australia, for both leisure and business. The agency is active in 15 key markets globally in the UK, Europe, Asia and the Americas. Their activities include advertising, consumer research, and hosting trade events. As Legal Counsel, Ria practices in the commercial, IP, advertising, media, consumer, labour, and privacy law areas. Outside of her TA role, Ria serves as a board member of not-for-profit organisation, Diverse Women in Law.
Ayman Guirguis
Ayman Guirguis heads up the Competition and Consumer Law team at K&L Gates in Australia. He advises on all aspects and issues of competition including the implications of mergers, joint ventures and supply chain issues; defending clients alleged to be parties to cartels or other anticompetitive arrangements; and consumer law issues including responding to ACCC investigations and defending prosecutions commenced by the ACCC. Ayman was formerly a senior officer of the ACCC. Ayman is named as a leading individual for Competition/Antitrust in Chambers Global and Best Lawyers.
Sonia Stewart
Called to the Bar in 2016, Sonia formerly held senior in-house roles as General Manager (Regulatory) for Tabcorp and Head of Corporate Affairs & Legal at Imperial Tobacco Australia. Previously, Sonia was a Senior Associate at Mallesons Stephen Jaques. Sonia’s expertise lies in intellectual property, regulatory and consumer law. She represents global and local clients in high profile litigation to protect valuable brands and intellectual property, scrutinise and defend advertising claims and in regulatory investigations and prosecutions. Sonia has direct experience in highly-regulated industries, including tobacco, gambling, alcohol, foods and beverages, pharmaceuticals, cosmetics and all types of fast-moving consumer goods.
Odette Gourley
Odette has, for more than 20 years as a partner, advised on and conducted litigation covering intellectual property, competition and consumer law, and regulatory law. This litigation has included landmark cases that have redefined areas of trade mark and patent law. Odette acts in significant competition and consumer law litigation and injunction proceedings in the marketing services industry. She advises on competition and consumer law compliance and training, clears advertising and marketing conduct, and acts in contested advertising and marketing disputes before industry bodies and the courts, relating to a wide range of goods and services.
Dr Teresa Nicoletti
Dr Teresa Nicoletti is a Partner in Mills Oakley's Intellectual Property team, based in Sydney. Teresa is both a lawyer and scientist with more than 20 years' experience in the pharmaceutical, biotechnology and medical device industries in Australia and New Zealand. She has also worked across a number of other product-related industries, including foods, cosmetics, veterinary pharmaceuticals, agrochemicals and industrial chemicals. Teresa is an experienced negotiator and regularly liaises with regulatory authorities and government administrators on behalf of her clients, including the Therapeutic Goods Administration, the Pharmaceutical Benefits Branch, the National Industrial Chemicals Notification and Assessment Scheme, the Australian Pesticides and Veterinary Medicines Authority and state food and health authorities.
John Broome
John is CEO of the Association of Australian National Advertisers (AANA), the peak industry body representing Australia’s advertisers and has been in the role since September 2017. Prior to the AANA John had a 25 year marketing career in FMCG, working in several categories including food, confectionery, household cleaners and personal care, with a number of global companies including Unilever, Kellogg, Nestle and Reckitt Benckiser. His most recent role was CMO at Unilever ANZ. Originally from Yorkshire, England, John has lived and worked in several countries, including the US, Canada and the Middle East. He lives in Sydney along with his wife, Jacquie and two daughters, Leah & Anna.
Jacinta Dale
Jacinta is General Counsel and Company Secretary for the JBS Australia group which produces delicious food including Thousand Guineas steaks, Great Southern lamb racks, Primo Stackers snack packs, Seven Point Pork ribs and Creative Food Solutions ready meals. The group also makes robots which is pretty cool. Having been corporate counsel for most of her career in Australia and abroad, Jacinta enjoys the diversity of work and opportunities for continuous improvement that come with being in-house. Jacinta remains optimistic some normalcy will return to life and is looking forward to the reintroduction of bacon tasting in the staff kitchen.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia