9th Annual Advertising and Marketing Law Conference
This comprehensive program will guide you through the key legal issues impacting the advertising and marketing sector. We have you covered with timely updates on the latest developments and reform proposals, pricing and sales advertising, and traps for advertisers. Examine the relevant developments arising in advertising on social media, e-marketing, online contracts and the legal issues for AI. WEB2110N01
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Latest Legal Developments and Key Issues in Advertising
Chair: David Fleming, Director, Legal, PWC
9.00am to 10.00am Advertising and Marketing Law: Latest Developments and Reform Proposals
- Advertising law: a bird’s eye view on what is happening in the courts
- Statutory right of unconscionable conduct, and its application to commercial marketing
- Tips and predictions: look alike products, brands and marks, unfair competition, a new statutory right of action?
- Celebrity influencers
- Hot issues and tips for responding to increasingly assertive regulators on advertising collateral and promotional claims
- Australian privacy reforms: what is happening and getting ahead of the curve with your marketing practices
Presented by Odette Gourley, Partner, Corrs Chambers Westgarth
10.00am to 11.00am Price and Sales Advertising
- Laws and principles governing sale and price advertising
- Recent enforcements and actions in these areas
- Market cautionary tales
- Best practices for compliance and risk mitigation
Presented by Heidi Bruce, Managing Director, Sydney, Anisimoff Legal
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Ad Clearance 101: A Practical Guide to Defensible Advertising
- Misleading impressions and the general thrust of your claims
- Practical considerations for campaign concepts
- When and how you can use fine print
- What’s required to substantiate your claims
- How to push the boundaries (legally) and really annoy your competitors
Presented by Hannah Marshall, Partner and Danielle Kroon, Lawyer, Marque Lawyers
12.15pm to 1.15pm Regulatory Creep: Traps for Advertisers
- Red tape compliance:
- Application to specific industry sectors (gambling, tobacco, alcohol and therapeutic goods)
- Key issues to consider when conducting marketing campaigns (trade promotions, giveaways and activations)
- Advertising agents and intermediaries: who is liable?
- Promotion by overseas suppliers: the application of Australian law to overseas promotions
- Updates to domain name license rules
Presented by Shanna Protic Dib, Senior Associate, Addisons
1.15pm to 2.00pm Lunch
Session 2
Social Media, E-Marketing and AI Legal Issues
Chair: David Fleming, Director, Legal, PWC
2.00pm to 3.00pm Advertising on Social Media
- General principles as they apply to social media
- Influencer marketing
- Disclosures required (ACL and AANA codes)
- Liability for third party comments or content and how best to deal with this content
- Monitoring your own social media: What are the obligations?
- Options for challenging competitors
Presented by Brigit Rubinstein, Co-founder and Principal Lawyer, Level Up Legal
3.00pm to 4.00pm Managing Risk with E-marketing and Online Contracts
- Online marketing and your business: tips and traps
- Enforceability of online contracts
- COVID-19 impacts
- Statutory watch outs: unfair contracts regime and consumer guarantees
- Crowdsourcing of ideas and house ‘rules’: terms and conditions
- IP, privacy and data issues
Presented by Alison Jones, Special Counsel, Chambers Corrs Westgarth
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Legal Issues for AI: Biometrics, Chatbots and Best Practices
- Explore the key issues in social media and real-time marketing
- Analyse the opportunities offered by artificial intelligence
- Best practice when approaching the legal issues posed by technology
Presented by Tony Eades, Chief Strategy Officer, Salted Stone
Presenters
Tony Eades
Tony is a Brand Futurist working in the area of customer experience, innovative technology and digital disruption. He assists growing companies to become market leaders through creative brand strategy, brand experience and digital solutions across multiple platforms. He is passionate about future proofing brands – from start-ups to corporates, helping them engage with an ever changing market of consumers. He writes for a number of publications including Sydney Morning Herald on the subject of brand strategy and has been the Brand Experience Expert for Kochie’s Business Builders - a national business TV show which airs to an audience of 3 million.
Alison Jones
Alison Jones is a Special Counsel in the intellectual property practice of Corrs Chambers Westgarth, Australia’s leading independent law firm. 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, advising on commercial arrangements of various kinds and contract drafting, advertising and marketing, competition and consumer law issues, IP enforcement, and commercial regulatory (including food law, cosmetics, life sciences and therapeutic goods regulation, product liability risk and recall, privacy and data protection).
Brigit Rubinstein
Brigit is the co-founder and Principal Lawyer at IP boutique practice Level Up Legal. Brigit is a self-professed IP Geek. She has a Masters degree in Intellectual Property law and has had more than 20 years of experience in intellectual property including assisting large corporate clients and SME’s across a broad range of industries with their offline and online brand enforcement, trade mark and passing off disputes. After spending 15 years as a Partner at a Top Tier Law Firm, Brigit spent nearly 4 years as the Practice Leader of the Regulatory and IP Disputes team before following her dream of opening her own IP Law Practice.
Shanna Protic Dib
Shanna is a solicitor in the gambling law practice of Addisons. Shanna works closely with both local and international companies on all regulatory and commercial matters relating to the conduct of their business within the gambling and gaming industries. Shanna advises gambling operators, media, entertainment and technology companies and affiliates on the evolving Australian legal landscape relating to gambling and gaming, with clients ranging from start-ups to large multi-nationals. Shanna has a particular focus on regulatory and policy issues, licensing and compliance issues, and general commercial matters.
Danielle Kroon
Danielle Kroon is a lawyer at Marque Lawyers. She’s a member of the litigation and regulatory team, specialising in competition law, advertising and all manner of regulatory regimes. She works on competition law compliance, advertising guidance and clearance, ACCC investigations and disputes, and commercial litigation / arbitration. Some interesting cases she has worked on include advising on a guerrilla style comparative advertising campaign, liaising with the ACCC in relation to an inquiry, contractual disputes in commercial arbitration, advising on Part IV issues under the Competition and Consumer Act and advising on advertising campaigns across a variety of industries, including energy and pharmaceutical.
Hannah Marshall
Hannah Marshall is a partner at Marque Lawyers. She specialises in competition law, advertising and defamation. She's intrigued by the power of words. She works on competition law compliance, ACCC investigations and disputes, advertising transparency and she provides pre-publication advice for several news publishers. Some interesting cases she has worked on include the Occupy Sydney appeal about the implied freedom of political communication and political protests, defending Seven's attempt to get hold of a 'tell all' book manuscript about breakfast TV show 'Sunrise', and defending a cross-border internet defamation case brought in NSW by US online gaming giant Evony against UK blogger Bruce Everiss.
Heidi Bruce
Heidi Bruce is a Principal and Managing Director, Sydney of Anisimoff Legal, which is a specialist advertising, marketing and media law firm and member of Adlaw International. Heidi has over 18 years experience with Anisimoff Legal and is an expert in all aspects of law relating to the advertising, marketing and media industries. She gives advice and strategic guidance to advertisers, in-house counsel and advertising agencies and her specialties include advertising and marketing law, intellectual property, privacy, consumer law, contracts, commercial law, media law and digital law. Heidi regularly speaks at advertising events and in-house training seminars and workshops for clients.
Odette Gourley
Odette is one of Australia’s foremost intellectual property lawyers across the full range of IP and advertising and marketing law. Odette’s expertise covers including trade marks, patents, copyright, registered designs and related areas including the Competition and Consumer Act and other regulation including industry codes and specific statutory and regulatory requirements relating to the marketing and selling in Australia of a range of consumer and other products. Odette has acted in notable cases that have changed the law in IP.
David Fleming
David Fleming is a Director in the Competition & Regulatory team of PwC Legal in Sydney. David has extensive experience advising companies in a range of industries on all aspects of Australian competition and consumer law, including in responding to significant ACCC investigations and defending legal proceedings relating to alleged cartels and other anti-, competitive conduct, mergers, and the Australian Consumer Law. Prior to PwC, David worked for over 10 years in the Competition & Consumer Law team of Ashurst Australia (previously Blake Dawson) in Sydney.