1. Legal 2.0 Hot Topics in Affiliate Marketing

2. The Program What You Need to Know about Advertising Law Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz, PC The Latest Issues in Online Marketing Bennet Kelley, Internet Law Center Regulators ’ View of Online Marketing Leonard L. Gordon, Federal Trade Commission & Will Haselden, Florida Attorney General ’s Office Cyberfraud Section The Big Picture Zoom Lens The Firemen

3. THE BIG PICTURE : Jeffrey A. Greenbaum Frankfurt Kurnit Klein & Selz, PC What You Need to Know about Advertising Law

4. What is advertising? It ’s almost any communication with consumers

8. What standards apply? Marketers are held to very high standards

17. “ less than half the fat of a Big Mac”

18. “ fat claim for footlong sub based on white or wheat bread without cheese or condiments that contain fat”

24. Where are we headed? New marketing challenges and uncertainty

27. Hot Issues in Online Marketing Bennet Kelley Greg Gladman

30. Email Marketing: FTC Discretionary Regulations Designated Sender Rule Victoria Peckham Sender Requirements FTC Advisory Letter (2005 ) Multiple Advertisers  Opt-in Requirement  Name in from Line  Controls Lists or IDs Recipients  Controls Content Compliance with principal provisions of CAN-SPAM  Sender Requirements Proposed Rule (2005) Multiple Advertisers  Opt-in Requirement Name in from Line  Controls Lists or IDs Recipients  Controls Content  Compliance with principal provisions of CAN-SPAM  Sender Requirements Final Rule (2008) Multiple Advertisers  Opt-in Requirement Name in from Line  Controls Lists or IDs Recipients Controls Content Compliance with principal provisions of CAN-SPAM 

34. Initial Interest Confusion Use of another trademark “ in a manner calculated to capture initial consumer attention, even though no actual sale is finally completed as a result of the confusion. ” Brookfield Communications Inc. v. West Coast Entertainment Corp ., 174 F.3d 1036 (9th Cir. 1999). B Tal

37. BT

39. BT Solutions

40. What about the offline world?

42. Superiority of numbers is the most common element in victory – Carl Von Clausewitz

43. The Firemen

45. Priorities at the FTC Leonard L. Gordon Director, Northeast Regional Office Federal Trade Commission

52. Will Haselden, Florida Attorney General ’ s Office Cyberfraud Section

63. Questions?

64. Bios

66. Jeffrey A. Greenbaum Jeffrey A. Greenbaum counsels advertisers, media companies, and advertising agencies on advertising, marketing, branded entertainment, and intellectual property matters. He is a director of the Promotion Marketing Association, and recently co-chaired its annual law conference. He was also chair of the New York City Bar's Committee on Consumer Affairs, and has chaired its annual "Hot Topics in Advertising “ program for several years. He recently spoke at the FTC's "Rebate Debate" workshop. Contact: Frankfurt Kurnit Klein & Selz, PC 488 Madison Avenue New York, New York 10022 Tele: (212) 826-5525 Fax: (347) 438-2104 E-mail: jgreenbaum@fkks.com

68. Bennet Kelley Bennet Kelley is founder of the Internet Law Center in Santa Monica where he helps clients navigate the challenges of the digital economy. He has been active in many of the hottest Internet issues over the past decade including cyber squatting, internet marketing and promotions, online gambling, net neutrality, privacy and spam. Bennet will be Vice-Chair of the California State Bar's Cyberspace Committee and is a regular contributor to the Journal of Internet Law. Bennet worked in-house with companies such as ETM Entertainment Network, SpeedyClick.com, Hi-Speed Media and ValueClick prior to launching the Internet Law Center last September. The Internet Law Center ’s newsletter, Monday Memo, recently was named one of the top 100 Internet Law resources. . Contact: Internet Law Center 100 Wilshire Blvd, Suite 950 Santa Monica, CA 90401 310-452-0401 [email_address] www.InternetLawCenter.net