Advertising and Marketing Law Conference
Plan for the worst, expect the best. Learn about the best ways to avoid traps in a rapidly evolving advertising and marketing world. This digital space is the way of the future so make sure you do not get left behind. Learn about the implications of greenwashing and recent ACCC cases to enhance your awareness of acceptable conduct. Discover the frequency of misleading and deceptive online conduct so that when you are faced with the same issues, you are equipped with all the answers. 2210N03
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Endorsed by AiMCO
This conference will be followed by a Networking Drinks Reception
Session 1
Current Phenomena in the Advertising and Marketing Space
Chair: Stephen von Muenster: Partner, von Muenster Legal and Member of the AiMCO Guiding Council
9.00am to 10.00am Practical Lessons and Trends in Recent Case Law
- Increase in ACCC penalties
- Legal action by other regulators (e.g. ASIC)
- Practical take-aways from recent cases
Presented by Brigit Rubinstein, Co-founder and Principal Lawyer, Level Up Legal
10.00am to 11.00am How to Avoid Greenwashing and Using Advertising Compliance to Your Advantage
- Misleading advertising basic principles
- What is ‘greenwashing’ and how do you avoid doing it?
- What will the regulators (and your competitors) be looking for?
- How advertising compliance can help your brand and business
- Can radical compliance be used for a positive impact (both for your business and the world more generally)?
Presented by Hannah Marshall, Partner and Danielle Kroon, Senior Associate, Marque Lawyers
11.00am to 11.15am Morning Tea
11.15 to 12.15pm Brands in the Metaverse: The Non-Fungible Future
- NFTs and metaverse explained
- NFTs in the Metaverse
- Virtual marketplace for brands
- Brand protection in the metaverse
- IP rights and NFTs
Presented by Melissa McGrath, Barrister, Nigel Bowen Chambers
12.15pm to 1.15pm Ambush Marketing: The Line Between Opportunism and Infringement
- What are the legal risks of ambush marketing? Examples of past legal actions
- Event legislation, including the Olympic Insignia Protection Act and Major Sporting Events (Indicia and Images) Protection Act
- The Australian Consumer Law and the risks of misleading and deceptive conduct, or passing off
- IP risks: trade mark and copyright infringement
- Ambush marketing in the digital world: privacy and the Spam Act
- Practical steps for brands and advertisers
Presented by Andrew Wiseman, Partner, and Maximus Jones, Associate, Allens
Session 2
Influencers, Social Media & Digital Tips and Traps
Chair: Stephen von Muenster: Partner, von Muenster Legal and Member of the AiMCO Guiding Council
2.00pm to 3.00pm INDUSTRY AND LEGAL PERSPECTIVES: Practical Considerations Involved in Digital Marketing Campaigns
Hear the latest tips and traps when drafting and coordinating agreements in the digital space
Panellists:
Ria Manguray, Award-Winning In-House Lawyer
Sharyn Smith, CEO, Social Soup and The Influence Group, Chair of AiMCO
Stephen von Muenster, Partner, von Muenster Legal and Member of the AiMCO Guiding Council
Tegan Boorman, Founder and Senior Lawyer, Social Law Co., Deputy Chair & Guiding Council Member of AiMCO
3.00pm to 4.00pm Advertising Compliance with the Code and Other Legislation
- The Regulatory landscape
- Changes to the Therapeutic Goods Advertising Code
- Case Studies
Presented by Dean Gerakiteys, Partner, and Natalie Coulton, Lawyer, Clayton Utz
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Misleading and Deceptive Conduct: Online Activity
- Online activity: the bloggers, influencers, product reviews and trust pilots
- Case studies
- Get-up claims
Presented by Edward Thompson, Barrister, 5 Wentworth Chambers
5.15pm – Networking Drinks
Presenters
Stephen von Muenster
Stephen is a practicing solicitor and Partner at a specialist technology, media and communications firm. Stephen has specialised in advertising, communications, marketing and media law since 1995. He has developed a keen interest in emerging technologies, media and the interactive and digital mediascape and in recent times has advised extensively upon disruptor technology platforms, social media, online reputation management and artificial intelligence technologies. He is presently assessing the ACCC response to the Digital Platforms Inquiry and the related Ad Tech Inquiry and providing assistance and guidance to the industry and agencies. In the COVID-19 world, Stephen is assisting agencies with employment law compliance. He has recently conducted an extensive review of the recently released 2020 AANA Media Buying Agreement and its impact upon media agencies and their advertiser clients. Stephen also specialises in agency mergers & acquisitions and was legal counsel on a number of recent high profile independent agency and media acquisitions across the communications spectrum including Match Media, Mercer Bell, N2N / Herd Agency, Mumbrella, Orchard Advertising, Four Pillars Gin, Storyation, Hyland Media and 303 MullenLowe. Another of Stephen’s practice area specialisations is dispute resolution and litigation. Stephen successfully conducted the agency test case in the Supreme Court of NSW – Ikon Communications v Advangen International Pty Ltd [2018] NSWSC 1650 – in which Ikon Communications was awarded substantial damages and legal costs when its former client failed to pay professional fees and media costs. He is the legal adviser to The Advertising Council Australia, the Media Federation of Australia, the Public Relations Council, the Independent Media Agencies Association and Shop!. He sits on the Guiding Council of AIMCo, the newly launched social media influencer industry body. He is a regular presenter for these industry bodies on matters of legal and regulatory compliance including recent industry presentations on Social Influencer Marketing, Social Media Law, the introduction of the new Data Privacy Laws, Marketing Law, employment issues in a COVID19 world and the agency client test case. Stephen regularly presents at CommsCon, Mumbrella 360 and other Mumbrella events. He is a guest lecturer at the University of Sydney and UTS from time to time and is regularly asked for comment by the media and to judge industry awards.
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 and commercial dispute resolution, 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, copyright infringement, and other IP and IT related 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 at a fast growing New Law firm before following her dream of opening her own IP Law Practice.
Hannah Marshall
Hannah is a partner at Marque Lawyers specialising in advertising, CCA, regulatory and media law. Her advertising work includes regulated industries like therapeutic goods, healthcare and financial services. She finds purpose in her work by helping businesses change their attitude towards compliance, and see it as a part of their brand and value rather than a necessary and boring expense. She particularly enjoys working with businesses to push boundaries with their advertising, adopting and communicating strong policies towards environmental and social responsibility.
Danielle Kroon
Danielle Kroon is a senior associate 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.
Melissa McGrath
Melissa McGrath is a specialist intellectual property lawyer with degrees in both law and science who advises domestic and multinational clients on commercial issues and dispute resolution strategy. She has worked with clients such as Universal Music Australia, Sony Music Australia, Westpac, Vodafone, Warner Chapel Music Australia, Louis Vuitton Malletier, Cadbury, Samsung, H Lundbeck and Mylan.
Andrew Wiseman
Andrew Wiseman is a partner of Allens. He has been advising Australian and international clients on intellectual property for over 25 years. With a strong commercial and litigation practice Andrew sees the IP angles from both sides. This insight informs getting it right at the front-end and how it can go horribly wrong at the back-end.
Maximus Jones
Max is an Associate in the IP group at Allens. Max provides strategic advice to Australian and multi-national clients on the protection, commercialisation and enforcement of their IP rights, which has included work on large transactions, bespoke licensing and collaboration arrangements, Trade Mark and Patent Office proceedings, and complex patent litigation before the High Court. Outside of IP, Max maintains a diverse practice that includes defamation, consumer law and product liability, and general commercial contracting with a particular focus on the technology sector.
Tegan Boorman
Tegan is the founder of Social Law Co., a law firm which provides legal services related to social media, collaborations, professional services, apps and online business. In her 14 years of legal practice, Tegan has worked both in-house for Deloitte, and in private legal practice for several law firms, on the Gold Coast and in Sydney, with a focus on commercial law, corporate law, intellectual property law, privacy law, consumer law and media law. During her career, Tegan has acted for clients of various sizes, from small start-ups through to companies listed on the ASX. Her industry expertise includes retail, advertising, publishing, travel, tourism and professional services. Tegan saw a niche market in creating commercial legal agreements for influencer marketing campaigns and collaborations, as well as terms and conditions for trade promotions conducted via social media platforms, online businesses, marketplaces, digital courses and emerging apps. Social Law Co. was established to service that niche market. Tegan regularly advises public relations and influencer marketing agencies, influencers and brands on their commercial agreements and legal compliance. She is a Deputy Chair of the Australian Influencer Marketing Council (AiMCO) Guiding Council, and was recently appointed as a Director of Audited Media Association of Australia Limited. She is regularly asked to provide commentary to the media on emerging legal issues in the social media space, and is a guest lecturer at Bond University on Social Media Law. Tegan holds a Bachelor of Laws and Master of Public Relations, and in 2021, she won Thought Leader of the Year at the Lawyers Weekly Women in Law Awards for her work in the influencer marketing space. She has also been a brand ambassador in her own right for Silk Laundry.
Ria Manguray
Ria Manguray is an award-winning in-house lawyer and qualified corporate practitioner in New South Wales. Her practice covers a broad range of areas of law including general commercial, contracts, IP, consumer and competition, advertising, media, disputes, labour and employment, privacy and data protection, technology, and regulatory. Having worked with some of the most recognisable brands, Ria’s career journey involves a unique blend of Fortune 500, MNC, FMCG, retail, government, travel and tourism organisations. She has extensive experience advising on world-class ad campaigns and major productions from creative ideation to execution. Ria regularly presents as a guest speaker on topics relating to substantive law, diversity and inclusion and in-house legal practice at industry events. She also dedicates her time to mentoring and coaching law students and graduates.
Sharyn Smith
Sharyn is the current chairperson for the Australian Influencer Marketing Council and the founder of Social Soup, a company which connects influential consumers with brands. Sharyn has built a number of businesses based on the core principle that we are most influenced by the people around us. At Social Soup, she provides a community platform for brands to harness social proof through content, reviews, and recommendations. Sharyn is now working on a new platform to revolutionise reviews and create a two-sided market-place that allows people to connect with their passions and for brands to authentically tell their story and find engaged category leading customers. Through over 20 years in the marketing and digital industry Sharyn has learnt how to adapt to dramatically changing environments, lead businesses through constant change, and ensure they maintain core values and purpose. Sharyn is also an experienced speaker across marketing strategy, AI-technology, social media and all things influence.
Dean Gerakiteys
Dean is a Partner in the IP & Technology group at Clayton Utz with a background both in litigation and advisory work and a strong reputation for helping clients resolve disputes. Dean acts for clients on matters across the IP spectrum and in related commercial disputes. He also regularly acts for clients in regulatory disputes and consumer law matters with a particular focus on advertising and marketing. This includes advising and acting for sponsors of therapeutic goods in regulatory actions concerning their branding and advertising claims. He has been involved in matters at every stage of the litigation process, including two successful High Court appeals, one of which was Cantarella Bros Pty Limited v Modena Trading Pty Limited [2014] HCA 48. Dean acted for the Respondents in Goodman Fielder Pte Ltd & Anor v Conga Foods Pty Ltd & Anor [2021] FCA 307, and for the Applicants in each of the first instance, appeal and special leave proceedings relating to PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd. Dean is presently acting for Cantarella Bros in the Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd proceedings. Complementing Dean's litigation expertise is his experience helping clients to devise and prosecute their intellectual property protection strategies in Australia and overseas. Dean has been listed as a Rising Star in both Doyle's Guide (2019, 2020) and Managing Intellectual Property's IP Rising Stars (2018, 2019, 2020).
Edward Thompson
Edward practises principally in intellectual property matters, but has experience in a broad range of commercial disputes. Admitted to the Bar in 2019, Edward obtained his degrees in Law and Arts from the University of Melbourne and a Master of Laws from University College London, graduating as the top student in the LLM program. Edward is presently undertaking a Masters of Computer Science. Before commencing practice at the Bar, Edward was associate to the Hon. John Nicholas, Justice of the Federal Court of Australia and a solicitor for over 7 years in the IP department of a national law firm. He was also a lecturer in Corporations Law at the University of Melbourne.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km