Seminar  Seminar

Tracking and Targeting Customers and Prospects Online, on Mobile Devices, and in Social Media 2013


Select a Location:

This is a webcast of the live San Francisco session.

Why you should attend

Collecting data from and about consumers is now nearly ubiquitous online, in mobile apps, and in social media. Most brands use this data in some way, such as to personalize messages and content, to optimize their sites or apps, or to improve their products, services, and offerings. Brands may choose from hundreds of vendors to assist them in these efforts. The data collected is often just anonymous unique identifiers and segments of potential interest, although in the context of social media apps, for example, the information is often personally identifiable. However, with all of this advancement and revenue at hand – online advertising alone topped $100 billion for the first time in 2012, while social media and mobile ad spending combined for $22 billion, also a new high – brands and their vendors are operating in a rapidly growing area that continues to lack regulatory certainty in the U.S. and around the world. The FTC has proposed best practices, but sued those that have stepped over the line; state attorneys general have started to do the same; the press has called out companies for data uses that they may not have considered to be improper; the self-regulatory sector continues to innovate; standards bodies are tackling cutting-edge issues such as how to interpret a consumer’s “do-not-track” signal; class action lawyers are as active as they have been in over ten years, and becoming more creative all the time; and regulators around the world are looking to apply new standards to traditional tools like cookies and web beacons.

Please join us as leading practitioners and industry experts explore the cutting-edge legal concerns in online tracking and targeting. What are the regulators around the world calling for? How is the market reacting? What are common practices and what are outliers? What are class action lawyers looking for? What kinds of issues interest the press? And, by the way, how does all of this work? Ultimately, how can companies protect their brands while taking advantage of some of the most common tools available? How can brands adopt new business models that emerge like dandelions and promise more revenue and better consumer engagement?

What you will learn

  • How online, mobile, and social media tracking and targeting work from a technical perspective
  • Hot topics in online privacy law, including advertising in online, mobile apps and social media; how to interpret a “do not track” header; and new issues surrounding the use of “big data”
  • Self-regulatory initiatives associated with online and mobile tracking and targeting
  • Fact patterns that have resulted in bad PR, government enforcement, and private litigation
  • How regulators around the world are addressing tracking and targeting
  • How Chief Privacy Officers at leading companies are handling tracking issues now
  • Practical tips for handling real-world issues

Who should attend

In-house counsel and outside counsel, and business professionals who need to be on the cutting edge of the legal issues surrounding the uses of tracking data for delivery of advertising, personalized content, or analytics.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

All times are P.S.T.

Morning Session: 9:00 a.m. - 12:30 p.m. (P.S.T.)

9:00 Introduction

D. Reed Freeman, Jr.

9:15 Tracking, Targeting and Analytics: How It Works and Business Models

  • How cookies, local storage, device IDs, web beacons, and other common Internet technologies work
  • Nuts and bolts of server calls, cookie syncing, party positions, and redirects
  • Nuts and bolts of do-not-track mechanics
  • Business models, including contextual advertising, retargeting, online behavioral advertising, ad networks and similar models, DSPs, SSPs, platform services, analytics, site optimization, and data append

Shane Wiley

10:15 Putting It Together: Running Programs on Social Media, Mobile and Apps

  • Working with vendors in social media and mobile – practical tips for advertisers, developers, and agencies
  • Special concerns – understanding and complying with social media and mobile platform terms and rules
    - Facebook basics: plug-ins, apps, and advertising on Facebook
    - Twitter requirements
    - Google/YouTube
    - Pinterest and more
  • Self-regulation and the mobile/social media environment – recent developments and practical tips

Ted Lazarus, Marcus A. Morissette, Dominique R. Shelton, Nandita "Toma" Shepherd

11:15 Networking Break

11:30 Class Action Status

  • Survey of privacy class action cases filed in 2012 and 2013
  • Business practices challenged and causes of action alleged
  • Review of decisions and settlements in the cases to date
  • What can we expect in claims?
  • After standing, what will be the focus of the defense?

Scott A. Kamber, David F. McDowell

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m. (P.S.T.)

1:30 Tracking and Targeting Online, on Mobile Devices, and in Social Media in Asia and Canada

  • Overview of how the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canada’s new Anti-Spam Legislation (“CASL”) apply to tracking technologies
  • Views of the Canadian regulators on tracking and online behavioral advertising
  • Update on status of CASL’s coming into force
  • Status of emerging regulatory and self-regulatory trends and enforcement risk in Asia, Oceania and India

Shaun Brown, Justin B. Weiss

2:30 Tracking and Targeting Online, on Mobile Devices, and in Social Media in the EU, Mexico, Central America and South America

  • Implementation of EU cookie requirements across the EU
  • Likely effect of the EU Privacy Regulation: extra-territorial reach, restrictions on profiling
  • The future of online tracking in Europe?
  • Survey of current and emerging landscape of Latin American data protection and habeas data laws, including EU adequacy findings
  • State of and challenges to enforcement, including actions under the new Mexican data privacy law
  • Update on cooperative initiatives, including the Ibero-American Network of Data Protection (“RIPD”)

Jim Halpert, Susan Lyon-Hintze

3:45 Networking Break

4:00 U.S. Regulatory and Self-Regulatory Approaches

  • Federal Trade Commission guidance and enforcement actions (online, mobile, and social media targeting)
  • Obama Administration’s work on voluntary codes of conduct
  • Legislative proposals – Federal and State
  • Self-regulation
    - Overview of the Digital Advertising Alliance’s Self-Regulatory Principles and implementation guidelines
    - Special focus on do-not-track initiatives
    - How to comply with the Self-Regulatory Principles: advertisers, web publishers, and online and mobile advertising service providers
    - Interplay between the DAA and the Council of Better Business Bureaus

Laura Berger, D. Reed Freeman, Jr., Stuart P. Ingis

5:00 Adjourn

Chairperson(s)
D. Reed Freeman, Jr. ~ Morrison & Foerster LLP
Speaker(s)
Laura Berger ~ Attorney, Division of Privacy and Identity Protection, Federal Trade Commission
Shaun Brown ~ nNovation LLP
Ted Lazarus, CIPP ~ Director, Legal, Google Inc.
Jim Halpert ~ DLA Piper LLP (US)
Stuart P. Ingis ~ Venable LLP
Scott A. Kamber ~ KamberLaw, LLC
Susan Lyon-Hintze ~ Cooley LLP
David F. McDowell ~ Morrison & Foerster LLP
Marcus A. Morissette ~ Director of Privacy, Global Marketplaces, eBay Inc.
Dominique R. Shelton ~ Alston & Bird LLP
Nandita "Toma" Shepherd ~ Counsel, Roche Diagnostics
Justin B. Weiss ~ Senior Director, International Privacy & Policy, Yahoo! Inc.
Shane Wiley ~ Vice President, Privacy and Data Governance, Yahoo! Inc.
Program Attorney(s)
Tamara C. Kiwi ~ Program Attorney, Practising Law Institute
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.

PLI's Live Webcasts are approved for MCLE credit (unless otherwise noted in the product description) in the following states/territories:  Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2, Ohio3, Oklahoma, Oregon*, Pennsylvania4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.

*PLI will apply for credit upon request.

Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.

Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.

 

1Indiana: Considered a distance education course. There is a 6 credit limit per year.

2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.

3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.

4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.

5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.


Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.

Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Why you should attend

Collecting data from and about consumers is now nearly ubiquitous online, in mobile apps, and in social media. Most brands use this data in some way, such as to personalize messages and content, to optimize their sites or apps, or to improve their products, services, and offerings. Brands may choose from hundreds of vendors to assist them in these efforts. The data collected is often just anonymous unique identifiers and segments of potential interest, although in the context of social media apps, for example, the information is often personally identifiable. However, with all of this advancement and revenue at hand – online advertising alone topped $100 billion for the first time in 2012, while social media and mobile ad spending combined for $22 billion, also a new high – brands and their vendors are operating in a rapidly growing area that continues to lack regulatory certainty in the U.S. and around the world. The FTC has proposed best practices, but sued those that have stepped over the line; state attorneys general have started to do the same; the press has called out companies for data uses that they may not have considered to be improper; the self-regulatory sector continues to innovate; standards bodies are tackling cutting-edge issues such as how to interpret a consumer’s “do-not-track” signal; class action lawyers are as active as they have been in over ten years, and becoming more creative all the time; and regulators around the world are looking to apply new standards to traditional tools like cookies and web beacons.

Please join us as leading practitioners and industry experts explore the cutting-edge legal concerns in online tracking and targeting. What are the regulators around the world calling for? How is the market reacting? What are common practices and what are outliers? What are class action lawyers looking for? What kinds of issues interest the press? And, by the way, how does all of this work? Ultimately, how can companies protect their brands while taking advantage of some of the most common tools available? How can brands adopt new business models that emerge like dandelions and promise more revenue and better consumer engagement?

What you will learn

  • How online, mobile, and social media tracking and targeting work from a technical perspective
  • Hot topics in online privacy law, including advertising in online, mobile apps and social media; how to interpret a “do not track” header; and new issues surrounding the use of “big data”
  • Self-regulatory initiatives associated with online and mobile tracking and targeting
  • Fact patterns that have resulted in bad PR, government enforcement, and private litigation
  • How regulators around the world are addressing tracking and targeting
  • How Chief Privacy Officers at leading companies are handling tracking issues now
  • Practical tips for handling real-world issues

Who should attend

In-house counsel and outside counsel, and business professionals who need to be on the cutting edge of the legal issues surrounding the uses of tracking data for delivery of advertising, personalized content, or analytics.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00 Introduction

D. Reed Freeman, Jr.

9:15 Tracking, Targeting and Analytics: How It Works and Business Models

  • How cookies, local storage, device IDs, web beacons, and other common Internet technologies work
  • Nuts and bolts of server calls, cookie syncing, party positions, and redirects
  • Nuts and bolts of do-not-track mechanics
  • Business models, including contextual advertising, retargeting, online behavioral advertising, ad networks and similar models, DSPs, SSPs, platform services, analytics, site optimization, and data append

Shane Wiley

10:15 Putting It Together: Running Programs on Social Media, Mobile and Apps

  • Working with vendors in social media and mobile – practical tips for advertisers, developers, and agencies
  • Special concerns – understanding and complying with social media and mobile platform terms and rules
    - Facebook basics: plug-ins, apps, and advertising on Facebook
    - Twitter requirements
    - Google/YouTube
    - Pinterest and more
  • Self-regulation and the mobile/social media environment – recent developments and practical tips

Ted Lazarus, Marcus A. Morissette, Dominique R. Shelton, Nandita "Toma" Shepherd

11:15 Networking Break

11:30 Class Action Status

  • Survey of privacy class action cases filed in 2012 and 2013
  • Business practices challenged and causes of action alleged
  • Review of decisions and settlements in the cases to date
  • What can we expect in claims?
  • After standing, what will be the focus of the defense?

Scott A. Kamber, David F. McDowell

12:30 Lunch

Afternoon Session: 1:30 p.m. - 5:00 p.m.

1:30 Tracking and Targeting Online, on Mobile Devices, and in Social Media in Asia and Canada

  • Overview of how the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canada’s new Anti-Spam Legislation (“CASL”) apply to tracking technologies
  • Views of the Canadian regulators on tracking and online behavioral advertising
  • Update on status of CASL’s coming into force
  • Status of emerging regulatory and self-regulatory trends and enforcement risk in Asia, Oceania and India

Shaun Brown, Justin B. Weiss

2:30 Tracking and Targeting Online, on Mobile Devices, and in Social Media in the EU, Mexico, Central America and South America

  • Implementation of EU cookie requirements across the EU
  • Likely effect of the EU Privacy Regulation: extra-territorial reach, restrictions on profiling
  • The future of online tracking in Europe?
  • Survey of current and emerging landscape of Latin American data protection and habeas data laws, including EU adequacy findings
  • State of and challenges to enforcement, including actions under the new Mexican data privacy law
  • Update on cooperative initiatives, including the Ibero-American Network of Data Protection (“RIPD”)

Jim Halpert, Susan Lyon-Hintze

3:45 Networking Break

4:00  U.S. Regulatory and Self-Regulatory Approaches

  • Federal Trade Commission guidance and enforcement actions (online, mobile, and social media targeting)
  • Obama Administration’s work on voluntary codes of conduct
  • Legislative proposals – Federal and State
  • Self-regulation
    - Overview of the Digital Advertising Alliance’s Self-Regulatory Principles and implementation guidelines
    - Special focus on do-not-track initiatives
    - How to comply with the Self-Regulatory Principles: advertisers, web publishers, and online and mobile advertising service providers
    - Interplay between the DAA and the Council of Better Business Bureaus

Laura Berger, D. Reed Freeman, Jr., Stuart P. Ingis

5:00 Adjourn

Chairperson(s)
D. Reed Freeman, Jr. ~ Morrison & Foerster LLP
Speaker(s)
Laura Berger ~ Attorney, Division of Privacy and Identity Protection, Federal Trade Commission
Shaun Brown ~ nNovation LLP
Ted Lazarus, CIPP ~ Director, Legal, Google Inc.
Jim Halpert ~ DLA Piper LLP (US)
Stuart P. Ingis ~ Venable LLP
Scott A. Kamber ~ KamberLaw, LLC
Susan Lyon-Hintze ~ Cooley LLP
David F. McDowell ~ Morrison & Foerster LLP
Marcus A. Morissette ~ Director of Privacy, Global Marketplaces, eBay Inc.
Dominique R. Shelton ~ Alston & Bird LLP
Nandita "Toma" Shepherd ~ Counsel, Roche Diagnostics
Justin B. Weiss ~ Senior Director, International Privacy & Policy, Yahoo! Inc.
Shane Wiley ~ Vice President, Privacy and Data Governance, Yahoo! Inc.
Program Attorney(s)
Tamara C. Kiwi ~ Program Attorney, Practising Law Institute

San Francisco Seminar Location

PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800.

San Francisco Hotel Accommodations

The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.sfpalace.com/pli to receive the preferred rate.

Due to high demand we recommend reserving hotel rooms as early as possible.

PLI programs qualify for credit in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state and the credit calculator to the right for details.


Please check the CLE Calculator above each product description for CLE information specific to your state.

Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys.  All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.

Please Note: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. PLI programs may qualify for credit based on the requirements outlined in the MCLE Regulations and Ariz. R. Sup. Ct. Rule 45.

If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.

Credit will be granted only to the individual on record as the purchaser unless alternative arrangements (prearranged groupcast) are made in advance.

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