Legal Affairs

Welcome and Introductions (2:00 - 2:05pm)

I.The FDA and Wearable Devices - Regulation and Litigation (2:05 - 2:50 pm)
Join us for a timely and engaging legal panel exploring the complex interplay between FDA clearance and truth in advertising requirements for wellness and aesthetic devices. As the market for wearable and beauty devices expands, so, too, does the scrutiny applied to product claims—by both regulators and class action plaintiffs. We will discuss recent cases, such as litigation challenging the substantiation behind FDA-cleared devices’ advertising claims, including whether “clinically proven” or “instant results” claims can be justified when only consumer perception studies are cited. We’ll address the evolving limits of FDA 510(k) clearance as a shield from false advertising challenges, the continued necessity for robust scientific substantiation, and the risks associated with aggressive testimonials or influencer endorsements. 

Speakers:
Kristen Klesh, Partner, Loeb & Loeb LLP
Libby O’Neill, Partner, Loeb & Loeb LLP

II. Consumer Litigation Update: What's Looming, What's Zooming (2:50 - 3:35 pm)
This session will focus on consumer class actions and litigation trends, including common claims, types of products and services targeted, and theories of liability and defenses. Topics will include hot areas of litigation, such as deceptive price advertising, TCPA and email marketing, autorenewal, Made in USA, environmental claims, slack fill, and others. We’ll also talk about recent challenges to the use of arbitration clauses in online consumer agreements and what they mean for consumer class actions and offer general tips and strategies for minimizing the risk of being the target of advertising litigation.

Speaker: 
Melissa Landau Steinman, Partner, Venable LLP
Len Gordon, Partner, Venable LLP
Shahin Rothermel, Partner, Venable LLP

III. Foundational Legal Questions About Online Real Money Gaming (3:35 - 4:05 pm)
As online real money gaming (RMG) expands across the U.S., so is the advertising and marketing of RMG. RMG operators are looking for what seems like any opportunity to reach out to potential customers.  So, businesses are jumping into the RMG ad space and are grappling with critical legal questions: What exactly qualifies as RMG? Is a license required? What are the risks if you’re not a gaming operator but are doing business in the RMG space? This session will demystify the legal definitions that distinguish gambling from skill-based and promotional games, break down common RMG models (from fantasy sports to sweepstakes casinos), and explain how U.S. state laws and enforcement approaches vary dramatically across jurisdictions.

Attendees will come away with a practical understanding of the key compliance and due diligence considerations in this fast-moving space. Topics will include licensing triggers, geolocation and age verification requirements, know your customer controls, and the risks of misclassification and third-party aiding and abetting. We’ll also touch on how advertising and marketing activity can raise legal exposure and the benefits of having a sound compliance strategy. This session offers a roadmap for spotting exposure and building a legally sound RMG approach.

Speaker:
Brian C. Schaller, Partner, InfoLawGroup LLP

IV. New DOJ Bulk Data Transfer Rules (4:05 - 4:15 pm)

Speaker:
Jordan Abbott, Chief Privacy Officer, Acxiom