CONSUMER PRODUCT MARKETING, ADVERTISING, DISTRIBUTION AND SALES LAW
Please Note: This course has already
been held.
Date: Friday, March 23, 2012
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 AM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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ABOUT THE CONFERENCE Simply offering a good product to consumers is no longer sufficient to compete in today’s dynamic consumer products market, but when trying to get ahead with compelling advertising, marketing, or promotions, companies also need to comply with state and federal regulations and laws. The retail landscape is still littered with the carcasses of retailers who did not survive the recession, such as Borders and Linens & Things, but also holds the promise of novel ways of reaching consumers, such as social media, that can be used to create a compelling and lawful campaign. Amid this evolving marketplace, manufacturers, resellers and distributors who rely on sales to consumers must balance both their need to promote and sell products with the legal complexities of the statutes, laws, and regulations that are designed to protect consumers. Recent cases and guidelines regarding product endorsements, resale price maintenance, advertising, and other topics reiterate that success in this difficult economy cannot be at the expense of consumers. This program will address a wide range of topics related to the legal challenges of advertising, marketing, promoting, distributing, and reselling products to consumers. The expert panelists include private practitioners, in house counsel, as well as regulators from the Federal Trade Commission in Washington and the Massachusetts Office of Consumer Affairs and Business Regulation.
ATTENDEES WILL LEARN FROM PRIVATE PRACTITIONERS AS WELL AS STATE AND FEDERAL REGULATORS:
Basic state and federal advertising regulations, including claim substantiation, the FTC’s Endorsement and Testimonial Guides, the Massachusetts Attorney General’s retail advertising regulations, and other topics
Promotional marketing regulations including sweepstakes, days on sale restrictions, attribution and branding landmines, negative options, and more
Applying traditional advertising rules to social media marketing, such as Twitter, Facebook, and other venues
Consumer goods distribution regulations, including resale price maintenance, lawfully building a reseller network, doing business online, gift cards, multichannel distribution regulations, and many other subjects
This program is designed as an introductory overview for attorneys, marketing and advertising professionals, retailers, manufacturers and others who are involved in promoting and selling products to consumers. Both experienced and new practitioners will benefit from the insight of the diverse group of regulators and attorneys from in-house and private practice on the panels.
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Todd Krieger, Esq.
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Intersystems Corporation, Cambridge |
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Barbara Anthony, Esq., Undersecretary
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Office of Consumer Affairs and Business Regulations, Commonwealth of Massachusetts and
Adjunct Facutly, Suffolk University Law School |
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Julie Brill, Commissioner
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Federal Trade Commission, Washington, D.C. |
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Lesley Fair, Esq.
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Bureau of Consumer Protection, Federal Trade Commission
Washington, D.C.
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Christopher S. Finnerty, Esq.
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Nelson Mullins Riley & Scarborough LLP, Boston |
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Bill Gabovitch, Vice President and Associate General Counsel
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Staples, Inc., Framingham |
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Diane Lawton, General Counsel
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Office of Consumer Affairs & Business Regulations
Commonwealth of Massachusetts
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Gonzolo E. Mon, Partner
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Kelley, Drye & Warren LLP, Washington, D.C. |
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David E. Morris, Senior Corporate Counsel
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TripAdvisor Media Group, Newton |
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Julie O'Neill, Esq., of Counsel
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Morrison & Foerster LLP, Washington, D.C. |
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James W. Prendergast, Esq.
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WilmerHale LLP, Boston |
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| S C H E D U L E / A G E N D A |
| 9:00 |
WELCOME AND INTRODUCTIONS |
| Todd Krieger, Chair
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| 9:15 |
INTRODUCTION TO ISSUES AND LEGAL FRAMEWORK |
| Todd Krieger and Diane Lawton
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| 9:30 |
BASIC ADVERTISING LAW |
- FTC Advertising Guidelines: Deceptive Advertising; Claim Substantiation; Unfairness
- FTC Endorsement and Testimonial Guides
- MA AG’s Retail Advertising Regulations
- State Claims and Issues
Lesley Fair, Diane Lawton, and James W. Prendergast
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| 11:15 |
PROMOTIONAL MARKETING |
- Sweepstakes
- Days on Sale Restrictions
- “Buy One get One Free” Guidelines
- Negative Options
Lesley Fair, Diane Lawton, Julie O’Neill and James W. Prendergast
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| 12:15 |
LUNCHEON AND KEYNOTE ADDRESS |
“What Does the Future Look Like for Marketing in Cyberspace?”
Commissioner Julie Brill, Federal Trade Commission, D.C.
Undersecretary of Consumer Affairs, Barbara Anthony, Commentary
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| 2:00 |
HOW HAS SOCIAL MEDIA CHANGED THE LANDSCAPE? |
- Promotions, Contests, Sweepstakes
- Endorsements/Testimonials
- Communications Decency Act Issues—Scope of Protections for User Generated Content
David E. Morris, Gonzalo E. Mon and Julie O’Neill
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| 3:15 |
CONSUMER GOODS DISTRIBUTION |
- Wholesale: Robinson Patman and Wholesale Pricing; Resale Price Maintenance; Building a Distribution Network While Maintaining Brand Equity and the Integrity of a Distribution Chain including Brand Identity and Dealer Agreements; Counterfeiting
- Retail: Doing Business Online; Gift Cards and Coupons; Mail Order Rule
- Multichannel Distribution: Promoting and Competing with Your Manufacturers and Resellers
Christopher S. Finnerty, Bill Gabovitch and James W. Prendergast
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| 4:00 |
Q & A and Panel Discussion |
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| Date: |
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Friday, March 23, 2012 |
| Tuition: |
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$200; $175 for Suffolk Alumni and attorneys admitted after 2010. The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. Order by March 2, 2012 and it will be available for pickup at the program.
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| Walk-Ins: |
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Please call 617.573.8627 to confirm space availability.
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| Refunds: |
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There is a $15.00 cancellation fee for those who cancel before March 23, 2012. After that date, no refunds will be given.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT and ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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Library 
