Advertising and Marketing Law Conference

In times of increasing regulatory action, ensure that you and your company are producing transparent and compliant marketing and advertising material. Dive into latest developments in online marketing, influencers, and NFTs. Get your questions answered from a panel of experienced in-house counsel, assess enforcement priorities by regulators through case law and evaluate greenwashing risks. Finish the day by not only knowing the law but knowing how to apply the law in your legal advice to marketers.

Thursday, 22 June 2023
10.45am to 11.35am Recent Learnings from the ACCC and ASIC in the Courtroom: Advertising, Marketing and the Regulator

 

  • Current key focus areas of ACCC and ASIC
  • Recap of the regulatory regime and increased penalties
  • Manipulative or deceptive advertising and marketing practices in the digital economy
    • Australian Competition and Consumer Commission (ACCC) v Bloomex Pty Ltd (ACN 147 609 443) VID721/2022
    • Australian Competition and Consumer Commission (ACCC) v Uber B.V. [2022] FCA 1466
    • Australian Competition and Consumer Commission (ACCC) v Airbnb Ireland UC (Ireland Company Registration Number 511825), Airbnb, Inc (Registration Number 4566980) and & Anor VID311/2022
  • Advertising financial deals
    • Australian Securities and Investments Commission (ASIC) v Latitude Finance Australia (ACN 008 583 588) & Anor NSD843/2022
  • Liability considerations for social media companies as publishers
    • Australian Competition and Consumer Commission (ACCC) v Meta Platforms, Inc (formerly Facebook, Inc) [2022] FCA 1062

Presented by Sarah Butler, Special Counsel, Holding Redlich

9:00am to 9:45am New Media: Marketing and Advertising Legal Concerns

 

  • Online marketing and your business
  • New media and IP including NFTs, brands, domain names, and recent cases
  • Influencer marketing, including financial influencers/ASIC
  • Intellectual property in data?
  • Other trends and issues to watch out for including privacy compliance and internet marketing, consumer data right, unfair contract terms

Presented by Alison Jones, Special Counsel, Corrs Chambers Westgarth

Chair:

Heidi Bruce, Principal and Managing Director, Anisimoff Legal

11.35am to 12.25pm Greenwashing: Number 1 Risk in Advertising and Marketing

 

  • Rapid recent development in regulatory interventions against greenwashing: make sure you are up to date
  • Huge penalty increases and indicators of risk factors for large penalties
  • Learnings from ACCC and ASIC greenwashing interventions including infringement notices, investigations, and penalty actions
  • Measures to assess and minimise risk include update and upgrade your audit/review of compliance systems and corporate governance

Presented by Odette Gourley, Partner, Corrs Chambers Westgarth, Recommended Intellectual Property Lawyer Australia, Doyle’s Guide 2022

9.45am to 10.30am TIPS AND TRAPS FROM ADVERTISING IN-HOUSE COUNSEL

 

Hear the latest from an industry perspective plus walk away with tips and traps from experienced in-house counsel.

 

Facilitator:
Alison Jones, Special Counsel, Corrs Chambers Westgarth

 

Guest in-house counsel including
Ria Manguray, Senior Group Legal Counsel, Electrolux
Will Daymond, Head of Legal and Compliance ANZ, Galderma
Tony Eades, Brand Futurist, Chief Strategy Officer, and CEO (APAC), Salted Stone

12.25pm to 1.15pm Regulation: It’s in the Application

 

Businesses with skilled and well resourced compliance and legal teams still make expensive mistakes in non-compliance with data privacy and other laws regulating collection and handling of consumer data.
How can risks be practically mitigated, while also optimising marketing efficiencies at manageable cost? 
How should policies be translated into management plans and programmes of activity that ensure that processes for handling of consumer data are reliably and verifiably effective to ensure compliance with changing and increasingly complex regulation? 

This session will explore how technical, operational and legal (including contractual) safeguards and associated controls can be developed by specialists and overseen by compliance and legal teams to minimize ongoing operational risk of non-compliance with laws regulating collection and handling of consumer data.
We will examine frameworks, methodologies and tools available to embed responsible and compliant processes for handling of consumer data within organisations and multiparty data ecosystems in which organisations share marketing data.
Presented by Peter Leonard, Principal, Data Synergies, Professor of Practice at UNSW Business School, Chair of ADMA’s Regulatory and Advocacy Working Group; and Sarla Fernando, Head of Regulatory and Advocacy Advisory, ADMA

Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

10.30am to 10.45am Morning Tea

Presenters


Heidi Bruce, Principal and Managing Director, Anisimoff Legal
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 20 years experience with Anisimoff Legal and is an expert in all aspects of law relating to the advertising, marketing and media industries. She gives commercial advice and strategic guidance to businesses, in-house counsel and advertising and media agencies. Her specialties include advertising and marketing law, intellectual property, commercial contracts, privacy, consumer law, commercial law, media law, social media, digital law, advertising clearance and food regulatory advice. Heidi presents on advertising law at MCLE education events for lawyers, has taught advertising and intellectual property law at the Macquarie Graduate School of Management and the Enmore College of Design. Heidi regularly speaks at advertising events and in-house training seminars for clients.


Ms. Alison Jones, Special Counsel, Corrs Chambers Westgarth
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). Alison's experience in this area also includes secondments at leading companies in IP-driven sectors, including fast moving consumer goods and life sciences.


Ms. Ria Manguray, Senior Group Legal Counsel, Electrolux
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.


Mr. Tony Eades, Brand Futurist, Chief Strategy Officer, and CEO (APAC), Salted Stone
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 and a weekly blog which is sent to over 100,000 small businesses across Australia. He is also an international keynote speaker, regularly speaking at events across Australia, Asia and the US, immediate past National President of Professional Speakers Australia and the Chief Strategy Officer at Salted Stone, a global award-winning digital marketing agency of over 80 with offices in Sydney, Perth, Cebu, LA and Dublin.


Ms. Odette Gourley, Partner, Corrs Chambers Westgarth
Odette is one of Australia’s foremost intellectual property and regulatory lawyers with special knowledge and experience in the pharmaceutical and life sciences industries. Odette is an expert across the full range of IP including patents, trade marks, copyright, registered designs and trade secrets. In regulatory and advertising and marketing law her expertise include the Competition and Consumer Act, regulation for TGA, PBS, NHA, APVMA, AICIS, FSANZ, Gene Technology, Biosecurity, cosmetics, FOI including industry ethical and advertising codes for a wide range of products. Odette has acted in notable cases that have changed the law. In patents, Odette acted for AstraZeneca (Hassle) in successfully defending the validity of a drug formulation patent and that case is now a leading authority on the standard for obviousness under Australian law. In administrative law, the decision in the Roche case on scheduling of over the counter medicines resulted in revision of the statutory provisions. In trademarks, Odette acted for Gallo in the High Court, now the leading authority on the nature of trade mark use, and for Winnebago in the Federal Court recovering the brand for the American owner after 30 years of unauthorised use. The Winnebago case established the principle of user pays damages for IP infringement under Australian law which are recoverable even where damages on a lost sales basis are not available nor an account of profits.


Peter Leonard, Principal, Data Synergies
Peter Leonard is a consultant and lawyer advising data and AI enabled businesses and government agencies. Peter is principal of Data Synergies and Professor of Practice at UNSW Business School (working across the Schools of Management, and IT Systems and Management). Peter chairs the ADMA Regulatory and Advocacy Working Group, the IoTAA’s Data 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. He serves on a number of corporate and advisory boards. Peter was a founding partner of Gilbert + Tobin, now a large Australian law firm, and is now a part-time consultant to that firm.


Ms. Sarla Fernando, Head of Regulatory and Advocacy Advisory, ADMA
Sarla is a globally experienced, digitally-grounded professional, who is passionate about using her legal and commercial skillset to help businesses navigate through the sometimes complex world of data governance and marketing compliance. As ADMA’s Head of Regulatory and Advocacy advisory Sarla enjoys working with the industry to develop and apply Best Practice in compliance in a way that makes sense to day to day marketing operations while building consumer trust. Sarla is also proficient in developing Digital Marketing strategies, Data compliance frameworks and audience growth strategies for large multi divisional/ multi-national businesses. With industry experience obtained through a career spanning Privacy, Digital Media, Television, Publishing, Events, Film, Ticketing, Data, Social Media, Sales, FMCG, Education, Hospitality, Marketing and Advertising, Sarla brings a unique perspective to regulatory and advocacy advisory.Sarla has also provided legal, governance, marketing and branding advisory for large scale projects that cross jurisdictions for businesses in Australia, NZ, Germany, UK, USA, HK and Sri Lanka.


Ms. Sarah Butler, Special Counsel, Holding Redlich
Sarah Butler is a corporate, commercial and media lawyer who advises a diverse range of clients with an emphasis on the media, entertainment and broadcasting industries. Sarah's clients include television and radio networks, technology companies and start-ups, advertising agencies and communications businesses, production companies, physical and digital content distributors and private equity investors. Sarah's recent experience includes: advising on the implications of the proposed reform of radiocommunications legislation in Australia; advising on the protection and exploitation of computer software and hardware and the provision of information technology services, acting for a commercial radio station in the Full Federal Court of Australia and the High Court of Australia against the ACMA regarding regulatory issues arising in relation to the Broadcasting Services Act 1992 (Cth); acting for a well-known Australian private equity house during the divestment of one of its key Australian businesses; assisting the Advertising Claims Board Panel draft determinations in relation to complaints received regarding advertising content and advising the shareholders of an advertising agency on a sale to a global joint venture.


Mr. Will Daymond, Head of Legal and Compliance ANZ, Galderma
Will is an award winning, general commercial lawyer with extensive in-house and private practice experience, partnering with stakeholders across the Asia Pacific region and the UK. Will advises on all aspects of law including IP, IT, sales, marketing, privacy, regulatory compliance, mergers & acquisition, procurement, employment, insurance, construction and litigation and has experience within various industries including food & beverage, healthcare, media and telecommunications, and government. Will is currently Head of Legal and Compliance (ANZ) at Galderma the world's leading company solely dedicated to skin and advancing the future of dermatology. Galderma has brands and services across Aesthetics, Consumer Care and Prescription Medicine with key brands including Cetaphil, Benzac, Restylane and Dysport. Prior to Galderma, Will was Group Legal Counsel (Asia Pacific) at Associated British Foods, responsible for 4 business units in ANZ and was also jointly responsible for all IP and IT matters in the Asia Pacific region. Will was previously an IP and IT lawyer at Corrs Chambers Westgarth specialising in both transactional and litigious matters. Will is also a board member for two NFPs, Ballet without Borders and the RCPA Foundation of the Royal College of Pathologists Australasia.

236N20

Advertising and Marketing Law Conference

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DELIVERY MODE BELOW

Single Session
Thursday, 22 June 2023
9:00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Face to Face 20240518 20230622

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Venue
Legalwise Seminars

Level 11,  70 Pitt Street, Sydney 

Directions

These are  the nearby public transport options.

By train: Wynyard station is only 400m away and Martin Place station only 500m away
Bus:  The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby
Ferry: Circular Quay is the closest Ferry

Parking Information

Parking is not included in your registration. Here are some nearby parking options.

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