National Advertising Division (NAD) Attorney
National Advertising Division (NAD) Attorneys serve as fact-finders and decision-makers in the advertising industry's self-regulatory forum, conducting judicial caliber advertising review proceedings that involve evaluating complex scientific and consumer perception evidence to ensure that advertising claims are truthful and accurate. NAD Attorneys must be sufficiently experienced to inspire the confidence of the global national advertisers, often represented by counsel from top tier law firms, that submit their disputes to NAD. Attorneys make reasoned decisions based on multiple layers of disputed evidence and memorialize their reasoning in a top quality semi-judicial opinion. Each decision serves as precedent for future advertising disputes and guidance for the advertising industry generally. NAD Attorneys must have high ethical values, excellent writing, advocacy and public speaking skills, and an in-depth knowledge of advertising law, NAD precedent, and proficiency with technical data including statistical models, product testing and sensory perception.
Essential duties and responsibilities
- Conduct judicial review proceedings serving as judges in the advertising industry’s system of voluntary self-regulation, drafting opinions (well-reasoned, clearly written, fully documented with citations to other NAD decisions and other legal precedent), summarizing the evidence and legal arguments and drawing conclusions of fact and law whether advertising claims are truthful (substantiated) or need to be modified or discontinued.
- Analyze and evaluate the reliability of scientific evidence (chemistry, biology, physics, sensory perception etc.), consumer perception studies, marketing research and related technical data submitted as substantiation for advertising claims and accord proper probative value to ensure that findings of fact in each case are sound. Determine the reasonable messages conveyed by express and implied claims in the context of the advertising in which they appear using consumer perception evidence and independent expertise.
- Research NAD, Federal Trade Commission- and other legal precedent and applicable statutes and regulations and apply relevant principles to the facts of each case to ensure decisions have precedential value and consistency on findings over time.
- Conduct ex parte meetings with the parties, questioning attorneys and outside experts in scientific and consumer perception evidence to ensure that NAD understands the arguments and supporting evidence in the case record.
- Negotiate (orally and in writing) with parties regarding confidentiality of documents, extensions for the filing of submissions, meeting dates, and language of the decision and Advertiser’s Statement with appropriate judicial temperament to insure positive experience, and continued participation and support for our voluntary self-regulatory forum.
- Maintain comprehensive records of each inquiry using the case tracking system to ensure compliance with procedural time constraints, capture data for assessment of system operations and, enable supervisors to oversee the entire NAD workload and status of each pending matter.
- Draft court quality appellate briefs and defend NAD’s decision in appealed monitoring cases, requiring persuasive appellate arguments before the National Advertising Review Board, an appellate review panel comprised of industry professionals.
- Prepare PowerPoint presentations and engage in public speaking to educate advertising and marketing professionals on new and emerging issues in advertising law and to raise the visibility of the organization.
- Attend conferences and lectures, and regularly read legal periodicals to ensure up to date knowledge of emerging issues in advertising law.
- JD with 8+ years of experience required
- Advertising/marketing law experience in-house at a major corporation, major law firm, or relevant government agency preferred.
- Litigation experience involving technical and scientific evidence preferred.
- Bachelors and/or advanced degree in science or technology (biology, chemistry, physics, artificial intelligence, or medicine) and expertise in analyzing statistical models is desirable
- Excellent time management skills and ability to multi-task and prioritize work
- Attention to detail and problem-solving skills are critical for this position
- Strong decision-making skills
- Excellent written and verbal communication skills
- Proficiency with Office 365
- Excellent inter-personal skills
- Comfortable leading and working in a fast-paced environment
- Member of the bar of a relevant jurisdiction
Apply for this position
Nothing in the job description restricts management’s right to assign or reassign duties and responsibilities to this job at any time. This description reflects management’s assignment of essential functions; it does not proscribe or restrict the tasks that may be assigned. This job description is subject to change at any time.
BBB National Programs is a nonprofit organization where businesses turn to enhance consumer trust, and consumers are heard. BBB National Programs is where companies, industry experts, and trade associations work together within a self-regulatory environment to address issues of national and global importance, and to foster industry best practices in truth-in-advertising, child-directed marketing, data privacy, and dispute resolution.
At BBB National Programs, we understand that cultivating a great team is critical to advancing our mission to foster trust, innovation, and competition in the marketplace. Our staff is made up of talented, diverse, and highly-motivated professionals who continually seek out new challenges and opportunities to catalyze progress. Our workplace is an inclusive and dynamic environment that supports our employees and the meaningful work that they do.
BBB National Programs is proud to be an Equal Employment Opportunity Employer.