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  • Description
    Social media has become the go-to source for information, news, current events, and personal communication. It has also emerged as a powerful tool for advertisers and marketers to target and reach wide swathes of customers with ease. The FTC, racing to keep up with emerging technologies, has a series of guidelines to regulate advertiser behavior. This CLE course will explain those guidelines and present case studies to illustrate their enforcement. Transparency, sponsorship, affiliate marketing, targeted content to minors, user-generated content and promotional marketing will all be discussed.
  • Instructor Bio

    Jenny Pienaar

    Jenny is a senior partner in the Adams & Adams Trade mark Department. Her areas of practice include trade mark litigation, domain name registration and securing domains from unlawful proprietors, as well as litigation relating to copyright, passing-off, unlawful competition, company name objections and related issues. Her expertise also incorporates advertising law and regulatory compliance issues.

    Her areas of practice include all aspects of trade mark litigation, including oppositions to the registration of trade marks in South Africa and throughout Africa. For her local South African clients, and for foreign clients, Jenny litigates to protect their trade marks globally and not only in South Africa. The firm’s network of agents in Africa are well placed to assist her and her clients in all aspects of trade mark and copyright enforcement throughout the continent. By virtue of the nature of her clients’ trade interests, she has expanded her area of practice to include all aspects of advertising and industry regulatory compliance. She has contributed towards numerous international publications, the most recent of which include the South African chapters of the World Trade Mark Review: Pharmaceutical Trademarks 2014/2015; the Global Advertising Lawyers Alliance’s book Advertising Law: A Global Legal Perspective (2015); and the Life Sciences Multi-jurisdictional Guide (2014 and 2015).

    Jenny is a fellow of the South African Institute of Intellectual Property Law (SAIIPL), the Licensing Executive Society (LES), the Law Society of the Northern Provinces and the French/South African Chamber of Commerce and Industry (FSACCI). She is also a member of INTA and the Pharmaceutical Trade Mark Group (PTMG). Adams & Adams is the South African member of the Global Advertising Lawyers Alliance (GALA) and Jenny is the Vice President of the Europe Middle East and Africa Region of GALA and a member of the GALA Executive Committee.

    Michel Béjot

    Michel Béjot started in New York with Cleary Gottlieb Steen & Hamilton and continued in Paris with Siméon Moquet Borde & Associés.

    Armed with international training (Max-Planck-Institut in Hamburg, New York University), he advises and represents clients with their investment projects (foreign investments in France, as well as French investments abroad), their mergers and acquisitions (e.g., a 3 billion Euro investment by a foreign fund for an equity interest in one of the major French energy companies).

    Michel Béjot has substantial experience in international litigations (intellectual property, advertising, media, distribution and agency) and has developed a robust practice in matters concerning information technology and the internet, starting at the outset of that technology in France by assisting some of the major access and content providers with their inception on the European market.

    He represents French enterprises as well as large international groups of companies doing business in France, in both contentious and non contentious matters relating to a variety of activities such as energy, food products, consumer goods, telecom services.

    Michel Béjot is one of the founding members of the international organization now known as the Global Advertising Lawyers Alliance (GALA). He is also a member of the International Trademark Association, (INTA – member of the committee Right of Publicity), of the International Technology Law Association (ITechLaw), of the Autorité de Régulation Professionnelle de la Publicité (ARPP) and of the Board of directors of the European American Chamber of Commerce (EACC).

    He participates regularly, as a speaker, in conferences in France and abroad on topics related to business law, advertising and media law. He published numerous articles in his areas of specialization, contributed to a number of publications and is one of the two co-authors of the set of books “Doing Business in France” which covers the entire field of French business law.

    Irina Anyukhina

    Irina Anyukhina is an ALRUD Law Firm partner heading Labour and Employment practice. Irina is a recommended expert on Labour law, advising international and Russian companies on international and cross-border workplace issues, reductions and restructurings, senior executives and expatriate issues. Irina operates at the interface of employment and corporate laws in cases involving mergers and acquisitions, implementation of incentive programmes, executive compensation and benefits, global and local employment policies and outsourcing. Besides, Irina leads the projects connected with Data Protection issues, Advertising and Marketing. Irina is often involved in cross-border and internal investigations of employees’ misconduct.

    Irina Anyukhina joined ALRUD in 2002 and became partner in 2007. Clients praise Irina for her business-oriented approach, outstanding communication skills, thoughtfulness and ability to clearly enunciate the core of the matter.

    Irina graduated from the Moscow State University of International Affairs with Ministry of International Affairs of Russia, Public international law division of International law department. Irina fluently speaks English.

    Irina coordinates cooperation with Ius Laboris, the largest international alliance of Labour law professionals. She regularly speaks at international conferences, and is a member of International Bar Association (IBA) and American Bar Association (ABA).

    Irina is also an active member of the Global Advertising Lawyers Alliance (GALA), a network of independent law firms, which provides a worldwide resource to individuals and corporations interested in answers to questions and solutions to problems involving the complex legal issues affecting advertisers and marketers.

    Hande Çelik

    Hande is a partner at Gün & Partners, one of the oldest and largest law firms in Turkey. She is a member of the Istanbul Bar Association.

    Peter Le Guay

    Peter specialises in intellectual property and advertising law. He has over 20 years’ experience in protecting, maintaining, and enforcing his clients’ intellectual property rights and advising on, and defending, their advertising claims.

    Whether it is advising on the results of a trade mark search or negotiating the resolution of an ACCC investigation concerning a marketing claim, Peter applies his extensive knowledge and experience of the relevant legal issues in a pragmatic context, consistently providing his clients with practical and result-orientated advice and solutions.

    Peter is also a registered trade mark attorney and has a particular interest and depth of experience in trade marks and copyright. Peter manages the intellectual property portfolios of many multinational organisations as well as conducting intellectual property due diligence audits, and drafting and negotiating complex intellectual property licences and assignments.

    In addition to his transactional and advice based work, Peter is an experienced intellectual property and consumer protection litigator and regularly appears in the Federal Court in relation to trade mark disputes or competitor complaints concerning the Australian Consumer Law. He is experienced in dealing and negotiating with the ACCC on behalf of large multinationals concerning consumer protection issues as well as industry based complaints panels such as the Complaints Resolution Panel and the Advertising Standards Board. He has also sat as a panel member on the Advertising Claims Board.

    Peter regularly advises on and drafts the terms and conditions for a range of marketing and promotional devices, such as trade promotion lotteries and games of skill, cash back offers, discount offers, guaranteed offers, gifts with purchase, and loyalty programs. Peter understands online and digital marketing and regularly provides advice in respect of privacy and spam issues, behavioural advertising, use and transfer of data and electronic direct marketing. He also regularly advises on and drafts website development agreements, website terms of use, privacy and spam policies, and digital marketing agreements.

    Peter is an active member of the International Trademark Association (INTA) and currently sits on one of their committees. He is also a participating member of the Copyright Society of Australia and the Intellectual Property Society of Australian and New Zealand (IPSANZ). Peter is responsible for the firm’s membership of the Global Advertising Lawyers Alliance (GALA), and is the immediate past president of the Alliance’s Asia-Pacific region.

    Ariela Agosin

    Her professional development has focused on international law, civil and commercial litigation, antitrust, unfair competition, advertising law, industrial and intellectual property, including trademarks, patents, copyrights, information technology, licensing, as well as litigation related to those practice areas and brand protection in general.