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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, November 22, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will guide online companies and their counsel on issues related to children's advertising and online privacy. The panel will discuss what companies must address under California's new Age-Appropriate Design Code law. The panel will also discuss recent decisions that address stereotyping related to children, the FTC's recent report on dark patterns, and 2022 Children's Advertising Review Unit (CARU) guidelines. The panel will offer best practices for meeting the requirement of California's new law and ensuring compliance by companies online and in the metaverse.

Faculty

Nerissa C. McGinn
Partner
Loeb & Loeb LLP

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.  

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Robyn Mohr
Senior Counsel
Loeb & Loeb LLP

Ms. Mohr counsels clients on a wide variety of matters related to new media, technology, mobile and digital marketing, advertising, and privacy. She also advises on compliance with various state and federal laws and regulations, representing clients in a variety of industries, including consumer products, telecommunications, internet and entertainment.

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Description

There has been a significant effort to protect children, who comprise one of the most vulnerable demographics when it comes to advertising. California signed into law the California Age-Appropriate Design Code Act (ADCA) on Sept. 15, 2022, and it will become effective on July 1, 2024. The ADCA imposes new requirements and prohibitions on online businesses with the goal of protecting children’s privacy and online safety. The ADCA is modeled after the U.K.'s similar law, which has seen significant fines assessed for failure to comply.

The FTC recently issued a report on how companies are increasingly using dark patterns that trick or manipulate consumers into sharing their personal data. The FTC is working to combat the use of dark patterns in the marketplace. Further, the FTC is seeking public comment on how children are affected by digital advertising and marketing that may blur the line between entertainment and advertisement. The public is to submit comments by Nov. 18, 2022.

The Children’s Advertising Review Unit (CARU) issued its newest guidance for children’s advertising, which reflects the focus on online and digital advertising targeted at children. The guidance addresses in-app and in-game advertising, and influencer marketing, among others. The guidance became effective Jan. 1, 2022.

Listen as our authoritative panel of attorneys provides online companies and their counsel guidance on issues related to children’s advertising and online privacy. The panel will discuss what online companies must address under California's new ADCA law. The panel will also discuss recent decisions that address stereotyping related to children, the FTC's recent report on dark patterns, and 2022 Children’s Advertising Review Unit (CARU) guidelines. The panel will offer best practices for meeting the requirement of California's new law and ensuring compliance by companies online and in the metaverse.

Outline

  1. California's new Age Appropriate Design Code law
  2. FTC's recent report on dark patterns and guidance
  3. 2022 Children’s Advertising Review Unit (CARU) guidelines including their first opinions on “Negative Stereotyping”
  4. Best practices for meeting the legal requirements and compliance

Benefits

The panel will review these and other important issues:

  • How does California's new law change the playing field for online businesses? With what new requirements must they comply?
  • What changes in guidance do the FTC and CARU provide in their latest guidance?
  • What best practices should counsel employ to ensure compliance in children's advertising online and in the metaverse?