AG Steve Bullock says Make it Personal

Montana’s Attorney General, Steve Bullock, told the attendees at our Marketing Law conference to “keep things personal” when designing promotions and marketing practices.

“Remember who the AG offices are working to protect and keep a local mindset,” he said. “Always be thinking whether a practice is deceptive or whether it is fair.”

Mr. Bullock, who also serves as Co-Chair for the National Association of Attorneys General, said, “Even if your customers are spread across the states, act like you’re still working in a town of 900. Remember that the people coming to the AG offices that were deceived by problematic marketing practices are somebody’s grandmother, somebody’s neighbor or somebody’s family member.”

While he explained the NAAG mandate to assist in communications between Attorneys General, he characterized an Attorney General’s basic role as “protecting their states and communities”. He also made it clear that, with the help of the NAAG, multi-state actions often arise. “Policy and politics are local,” said Mr. Bullock, “but if it’s happening in Montana, it’s probably happening elsewhere. Multistate actions can be beneficial for the consumers as well as you and your business.”

In the end, he reminded the audience why their companies should stop to ask if a practice is fair or deceptive at the outset. “By weeding out and exposing businesses that don’t play by the rules, we benefit all those businesses who act fairly, make good products and try to keep customers happy.”



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FTC Commissioner Brill: Consumers Are Relying on Me and I’m Relying On You

FTC Commissioner Julie Brill told our Marketing Law Conference audience that severe harms can result from the vast collection of personal data by advertisers in the age of new media.

Commissioner Brill, one of the nation’s foremost advocates for privacy and consumer protection, specifically warned that sensitive information – including matters of health, finance and sexual orientation – is too often collected today; intentionally or unintentionally. According to Brill, “Even though data is often de-identified, it has been shown how easily much of it can be re-associated; especially if it was collected through a smartphone.”

She went on to illustrate the risks associated with voracious data collection, retention and use. “If advertisers hold on to data for an unarticulated future use,” she said, “the impact of a data breach is heightened in direct proportion to the amount of data collected.” She urged companies to responsibly destroy data in a timely fashion.

Data combination, sometimes known as “Big Data”, was also cited as a risk by Commissioner Brill. She said, “I’m concerned about such predictive data being used for thing like determining life expectancy or in place of traditional credit reports and impacting credit, employment, housing and insurance.”

Other areas covered in the commissioner’s address included her review of the 2010 FTC report on the new privacy framework and do-not-track regulations, ongoing enforcement of the Children’s Online Privacy Protection Act (COPPA), and the agency’s revised guidelines on endorsement.

Throughout her address, Commissioner Brill called for robust protection of data and increased transparency from advertisers and reminded the audience of the trust placed in them by consumers. “Trust is the backbone of marketing,” she said in closing. “Consumers must trust what they see, trust what they hear and trust what’s being done with the information they share. The consumers are relying on me and I am relying on you.”



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Day One at The Marketing Law Conference

There were few complaints when the Day One agenda ran long by nearly an hour here at the Chicago Marriott.

The overflow crowd was treated to a beefy agenda that seemed to satisfy attendees of every description. After Bonnie Carlson’s introduction, the morning was highlighted by addresses from Davis & Gilbert’s Ron Urbach and Linda Goldstein of Manatt.

With the help of some Hollywood-worthy production, Ron took the audience on a survivalist’s trek through the desert while revealing the “Five Simple Truths” necessary for forward thinking companies to survive amidst changing technology and consumer behavior. (See News Coverage Here)

Linda’s presentation, entitled “What’s New in the Game Today” and not without some audio-visual magic of its own, shed new light on the constantly evolving legal issues surrounding sweeps, contests and promotions conducted on new media platforms including Facebook, Twitter and Foursquare and employing technology like QR codes.  (See the news coverage here)

Other highlights of the day, included the luncheon keynote from the FTC’s Charles Harwood and former FTCer Pamela Jones Harbour, the presentation of the Lifetime Achievement Awards, and a truly remarkable offering of panel discussions featuring industry heavyweights discussing issues ranging from corporate social media policies to ambush marketing.

 

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2011 is Largest Marketing Law Conference Ever

When PMA CEO Bonnie Carlson took the stage this morning to review her organization’s first 100 years, she found herself speaking to an overflow crowd in a Chicago hotel ballroom. In fact, she later confirmed that this year’s Marketing Law Conference is the largest to date with more than 600 attendees from law firms, corporations, agencies and service providers.

Ms. Carlson opened an agenda populated by speakers representing the Federal Trade Commission, several state Attorneys General and the leading practicioners in the industry. She got the ball rolling by celebrating the contributions of the marketing law profession over the last century while presenting thumbnails of some of the landmark cases that have shaped today’s marketing and promotion landscapes.

On a more serious note, Ms. Carlson also used the occasion to call on the attendees to oppose ICANN’s top-level domain name program (for more info, see the PMA site http://www.pmalink.org/.

In closing, she promised the PMA “will continue its advocacy over the next 100 years.”



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Follow the PMA Marketing Law Conference “Live’

The 33rd Annual PMA Marketing Law Conference is getting underway in Chicago with this evening’s networking and socializing.

If you were not able to join us this year, there is no reason not to stay on top of the agenda through the end of the proceedings. PMA Centers of Excellence will blog throughout two full days of presentations in an effort to serve our membership and our industry. We will also tweet continually and invite your tweets and re-tweets under the #pmalaw11.

Tomorrow’s afternoon program kicks off with the PMA Lifetime Achievement Awards honoring Steven Durchslag, Felix Kent, Joseph Silverman, Charles Wesley Dunn and Frank Dierson. But don’t wait until lunch to check in with our social media outlets. The morning agenda includes the PMA’s Bonnie Carlson, Ron Urbach of Davis & Gilbert LLP; and Linda Goldstein of Manatt, Phelps & Phillips, LLP among many others. So there should be a lot to share before the award ceremony and the Luncheon Keynote from Pamela Jones Harbour and Charles Harwood.

The full agenda is available here http://www.pmalink.org/events/event_details.asp?id=159973 We look forward to keeping in touch frequently from Chicago.



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The PMA Marketing Law Conference is Almost Here!

The 33rd Annual PMA Marketing Law Conference is rapidly approaching, and now is the time to make sure all your travel arrangements and hotel accommodations are in place…and to register if you haven’t already done so!  This year’s event is shaping up to be the best yet, with in-house counsel and legal representatives from close to 90 of the world’s top brands, as well as attorneys and business professionals from dozens of leading law firms and marketing agencies.  The 2011 conference will provide not only amazing networking opportunities with the industry’s leading professionals, but a chance to learn about all the current legal issues in areas that are important to you: social media, mobile marketing, online group coupons/deals, location-based apps, “green” marketing, behavioral advertising and online privacy, IP, sweeps/contests, sports marketing, international promotions, and many more!  You will also receive a comprehensive 1600 page conference workbook in hard copy (binder) or flash drive form, a great reference tool to add to your law library.  Plus, this year we’ll be concluding the conference with an exciting “Mock Trial of Promotional Mishaps” before a leading federal judge.  If you haven’t already registered, please come join us for what will be the industry’s largest and most valuable advertising and marketing law conference of the year.  Click here to view the incredible agenda and to find out more about registration and hotel arrangements.

Also, be sure to continue checking the PMA blog and Twitter page (@thePMA) in the upcoming weeks and especially during the conference, where we will be posting updates highlighting the most exciting events and presentations.  We encourage attendees to become a part of the conversation by posting comments or tweeting to #pmalaw11 – your feedback is important to us!

We look forward to seeing you in Chicago on November 15!

 

33rd Annual PMA Marketing Law Conference

November 15-16, 2011

Downtown Chicago Marriott/Magnificent Mile

540 N. Michigan Avenue

Chicago, IL 60601

 

*If you have any questions about the conference or registration, please call Ed Kabak at (212) 340-0083.



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WEBINAR: Nielsen on the State of the Retail Landscape–November 10

Nielsen’s State of the Retail Landscape
Thursday, November 10
2PM EDT/11AM PDT

FREE for PMA Members/ Non-members $75

With high gas prices, food inflation, a troubled housing market, high government debt, volatile financial markets, and little improvement in the job market, U.S. consumer confidence dropped below recessionary levels in the 2nd& 3rd quarters of 2011. This pattern of continued low confidence paints a picture of a slow and moderate economic recovery. One bright spot is retail sales (ex-auto) which have grown for 15 consecutive months. In this session we will review:

  1. Retail sales trends and how retailers are innovating to win shoppers
  2. Consumer spending expectations for this holiday season
  3. A forecast of retail channels sales though 2016

Click here to register.

ABOUT THE PRESENTER

Todd Hale
Senior Vice President, Consumer & Shopper Insights

Todd Hale serves as Senior Vice President, Consumer & Shopper Insights for The Nielsen Company. Appointed to this role in 1999, Todd is responsible for creating thought leadership content and delivering client and industry presentations. A frequently sought-after industry and client speaker, Todd shares his insights on consumer shopping, buying and media consumption behaviors and attitudes to provide manufacturers and retailers with strategic visions to facilitate brand, category and retail sales growth. Hale is often quoted in the press and in numerous trade publications on consumer trends.

Todd has more than 33 years of experience in the consumer research industry, including 27 years with The Nielsen Company, where he held various marketing and sales management positions within advertising/product testing, advanced analytics and consumer panel practice areas.

Prior to joining Nielsen in 1984, Todd was an executive with MRCA, a U.S.-based consumer panel company.

Todd earned an MBA and a BA in Business from Wright State University.

Click here to register.

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November: PMA Online Experiential Marketing education series


November means the start of a new online education series!  Check out the topics and speakers who’ve signed on thusfar:

Experiential Creative

November 1, 2011 – 2-3pm EST

Topic: Digitally Live(sm) Consumer Engagement

Today’s brand experiences transcend discipline, consumer demographics—and digital lines. Learn how you can create consumer-centric programs that seamlessly integrate live and digital tactics resulting in one amplified experience. See some examples of Digitally Live in action and get some perspective on how to ignite the digital + live inside your team.

Pierce will share their proven award-winning approach to creating and activating brand engagements that successfully integrate live + digital:

  1. The right planning method
  2. The best practices
  3. The team mindset

Presenter: Patricia Rosi-Santucci, Chief Creative Officer, PIERCE

Patricia Rosi-Santucci, Chief Creative Officer Patricia heads Creative Services at Pierce, a division she created in 2001, and leads strategic planning, design and procurement initiatives. Under her leadership, the multi-disciplinary Creative team pushes the limits of experiential marketing to develop integrated Digitally Livesm solutions that drive results for client partners including P&G, Kraft, Walmart and Verizon. Her team’s commitment to excellence has garnered 20+ awards.As a member of the agency’s Executive Committee, she is actively engaged in the management and strategic development of the agency. She contributed to growing Pierce from 40 employees to over 200, from one office to six in the US and Canada. A leading experiential agency in North America, part of Omnicom, Pierce has been creating strategic brand experiences for Fortune 100 companies since 1990.

Experiential by the Numbers

November 8

2PM EDT

More and more, brands are recognizing the impact of face-to-face interactions in making memorable connections with consumers. But in a business world driven by ROI, few know how to project and measure the outcome of these experiences. In this session, we’ll explore techniques and key metrics of two fundamentally different types of experiential campaigns—live interactions, where digital plays a part, and those where digital amplification is the sole intent.

3 key takeaways:

  1. How to put a price on one-on-one live interactions.
  2. Understand four consumers roles and three key metrics for maximizing and measuring digital amplification of experiential events.
  3. How to transcend typical event analysis by using data to tap into rich views of consumer emotion.
Presenters:  Kevin Hartman, SVP Director of Customer Intelligence, Draftfcb; and Dee Hall, EVP Management Director, DraftfcbX
Kevin Hartman is a devoted, artistic practitioner of data. It is his belief that data must not only inspire creative ideas, it must express insights in ways that are equally creative. Kevin’s team of 40+ is responsible for drawing upon data to tackle clients’ most complex problems. His approach mixes science and art to deliver inventive strategies that reduce uncertainty and increase effectiveness in the programs they create.
Kevin’s client roster is long and varied, including brands such as Motorola, USPS, Taco Bell, KFC, Del Monte, Boeing, Qualcomm, Wagner USA, Bank of America, and Chicago Board of Trade, among others.

Dee Hall is an industry veteran with nearly 30 years of marketing experience. Her multi-disciplinary background embraces traditional advertising, media planning and sales, sports marketing, trade marketing, retail and promotion, and event and buzz marketing.

In 1994, Dee co-founded Stern Hall, a national event marketing agency touted as being among the first to bring the consumer experience to life inside the store. It was also heralded as a pioneer of experiential marketing with the Coca-Cola Fruitopia launch.

In 2005 she introduced Hall Event Group, her experiential boutique marketing shop, to FCB, where she augmented more traditional offerings with cutting-edge experiential and buzz marketing expertise. Dee led development of award-winning work for Hampton Inn, Archer Daniels Midland, Fellowes, and Kraft Foods.

Dee has been featured in Mediaweek, Brandweek, Event Marketer Magazine, and Direct Marketing News.

Most recently, Dee has been tapped to evolve and build 361˚ Experiential into DraftfcbX, an expanded focus for the agency.

Social Media and Experiential

November 15, 2011

2pm EDT

An emerging marketing approach called Social Engagement enables today’s Experiential Marketing experts to create truly dynamic brand experiences that organically integrate into the social network of our consumers. Social engagement has changed the way Marketers plan, execute and measure their Experiential Marketing and Social Marketing programs.

This session looks at ways to leverage the power of social influence to extend the brand’s reach while inviting brand dialogue among our brand’s targeted social circles. The results: Deeper, longer brand engagements that accelerate the path to purchase.

Participants will be taken through the emerging Social Engagement platform, given examples of the social engagement in action and new ways to look at Experiential Marketing measurement.

About the Presenter

Dan Sullivan is Senior Managing Partner and President of Stage Active Brand Marketing.

A promotional and experiential marketer for nearly 20 years, Dan was a early adopter of social media for the experiential/event industry and has worked to lead the industry in the evolution of the discipline.

Clients include Dewar’s Decision Events, Hawaiian Tropic Mobile Tours, Schick Quattro Shower Your Senses, Starburst’s Contradictions Project, MasterCard, The Cheesecake Factory Drive Out Hunger Tour, and Chase College Campus Guerilla Marketing programs
November 22 and November 29 speakers are still TBD

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Peapod COO Mike Brennan keynotes Digital Shopper Marketing Summit

PMA is thrilled to announce that Peapod’s chief operating officer, Mike Brennan, will join the Digital Shopper Marketing Summit as our lunch keynote.  In his presentation, Mike will take a look at the dynamic environment that was, is, and will be online grocery shopping.   Don’t miss this  insider’s view on how CPG companies can effectively harness the category’s unique drivers in order to participate, promote and thrive within the channel.

Mike joined Peapod in 1997 and has worked across numerous areas in the company, including leading Marketing as well as managing Transportation, Human Resources, Customer Service, Merchandising and Technology.

Prior to Peapod, Mike was a principal at the management consulting firm A.T. Kearney, where he focused on business and marketing strategy.  Prior to A.T. Kearney, Mike was at Procter & Gamble.

Mike is a graduate of the University of Illinois and the Kellogg Graduate School of Management at Northwestern University.

There’s still time to lock in savings on the Digital Shopper Summit. REGISTER BY FRIDAY, AUGUST 19 by clicking here!

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Killer lineup in place for 2011 Digital Shopper Marketing Summit!

We are really thrilled with the digital and shopper marketing pros who’ve stepped up to share their insights and expertise in September!  Have you see the agenda?  If not, click here.

Also, register by August 19 and save. The price goes up after that.

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