NAD2020
October 8-9, 2020

 

 

 

At the National Advertising Division (NAD) Annual Conference, the premiere U.S. event dedicated to advertising law, attendees gain exclusive insight into emerging industry trends, a deep understanding of the challenges facing advertisers, marketers, developers, and legal professionals, and of course, tips and best practices from leaders in their fields. 

 

Join the Best & Brightest in Ad Law


3
Days

38
Speakers

16
Sessions

All
Virtual

Speakers

 

  • Ellen R. Abramson, Executive Director & Assistant General Counsel, JPMorgan Chase Bank, N.A.
  • Jennifer Asare, Vice President, Advertising Standards, NBCUniversal
  • Karla Ávila Jiménez, Presidenta Ejecutiva CONAR MEXICO and Vice Chair, International Council for Advertising Standards (ICAS)
  • Laura Brett, Vice President & New York Office Leader, BBB National Programs
  • Gene Bruno, Senior Director of Product Innovation, Twinlab Consolidation Corporation
  • Sarah Bruno, Reed Smith LLP
  • Greg Curtis, Assistant General Counsel, Patagonia, General Counsel, Tin Shed Ventures and Patagonia Provisions
  • Kathleen Dunnigan, Senior Attorney, BBB National Programs' National Advertising Division
  • Mary K. Engle, Executive Vice President, Policy, BBB National Programs
  • Lesley A. Fair, Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission
  • Alex Goldman, Attorney, BBB National Programs' National Advertising Division
  • Jessie Grodstein Kennedy, Director, Corporate Counsel, Starbucks
  • Carolyn L. Hann, Chief of Staff for Advertising Practices, Federal Trade Commission
  • Hal Hodes, Senior Attorney, BBB National Programs' National Advertising Division
  • Laura Kim, Covington & Burling LLP
  • Keira Krausz, Chief Marketing Officer, HealthPlanOne, LLC
  • Robyn Lewis, Attorney, BBB National Programs' National Advertising Division
  • Bonnie Patten, Executive Director, Truth in Advertising
  • Laura Protzmann, Vice President and Deputy General Counsel, KIND
  • Eric D. Reicin, President & Chief Executive Officer, BBB National Programs
  • Limor Robinson Mann, Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company
  • Tom Rogers, Executive Chairman, Engine Media, Founder, CNBC, Editor at Large, Newsweek 
  • Jeffrey A. Rosen, Deputy Attorney General of the United States, U.S. Department of Justice
  • Linda Schneider, Assistant General Counsel, GSK Consumer Healthcare
  • Norman C. Simon, Kramer Levin Naftalis & Frankel LLP
  • Jeffrey E. Smith, Senior Vice President & Deputy General Counsel, Comcast Cable Communications, LLC
  • Steven B. Steinborn, Hogan & Lovells US LLP
  • La Toya Sutton, Attorney, BBB National Programs' National Advertising Division
  • Ted Suzuki, Vice President & Deputy General Counsel, AT&T Services, Inc.
  • Annie Ugurlayan, Assistant Director, BBB National Programs' National Advertising Division
  • Eric Unis, Attorney, BBB National Programs' National Advertising Division
  • Ivan J. Wasserman, Amin Talati Wasserman
  • Shannon Watkins, Senior VP, Brand Strategy, Advertising, Media, Sponsorships and Creative Services, Aflac
  • Tony Weibell, Partner, Litigation, Wilson Sonsoni Goodrich & Rosati
  • Ross Weisman, P.C., Kirkland & Ellis LLP
  • Hon. Christine S. Wilson, Commissioner, Federal Trade Commission
  • Devon Winkles, Senior Counsel, Marketing Claims, Danone North America
  • Martin Zwerling, Deputy Director, BBB National Programs' National Advertising Division

Agenda


Monday, October 5

Welcome to NAD2020
11:00am-11:15am

Speakers: 

  • Eric D. Reicin, President & Chief Executive Officer, BBB National Programs
  • Laura Brett, Vice President & New York Office Leader, BBB National Programs

Keynote: One Step Forward, Two Steps Back: Sound Policy on Consumer Protection Fundamentals
11:15am-12:00pm

Keynote Speaker: 

  • Hon. Christine S. Wilson,  Commissioner, Federal Trade Commission

It's Not Easy Being Mean: The Invisible Boundaries for Denigrating Claims

12:05pm-1:00pm

Companies with truthful advertising practices aim to build trust, and as a result, loyalty in their customers. But what happens when that truthful advertising includes denigrating claims about a competitor’s product? This expert panel will examine the questions that ensue, such as: When does a claim of personal preference turn into a disparaging “warning flag”? What disparaging claims are permissible? Where does puffery end and an objectively provable claim begin? Can an advertisement be deemed disparaging with no words at all? When is an advertisement permissibly denigrating, falsely denigrating, or just plain mean?

Speakers: 

  • Jeffrey E. Smith, Senior Vice President & Deputy General Counsel, Comcast Cable Communications, LLC
  • Hal Hodes, Senior Attorney, BBB National Programs' National Advertising Division
  • Laura Protzmann, Vice President and Deputy General Counsel, KIND

Moderator: 

  • Laura Kim,  Covington & Burling LLP

When NAD Comes Knocking—Answering Your Questions about NAD's Monitoring Program

1:15pm-2:00pm

Have you ever wondered what triggers an NAD monitoring review of advertising claims or what to expect as an advertiser called upon by NAD to substantiate claims? This chat will answer those questions and reveal the various approaches counsel can take, and which ones might actually work.

Speakers: 

  • Limor Robinson Mann, Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company
  • Bonnie Patten, Executive Director, Truth in Advertising
  • Tony Weibell, Partner, Litigation, Wilson Sonsoni Goodrich & Rosati

Moderator: 

  • Annie Ugurlayan, Assistant Director, BBB National Programs' National Advertising Division

Fresh. Natural. Nothing Artificial Here!
2:00pm-3:00pm

How much heat is required before food is deemed “thermally processed” and no longer considered “fresh”? What exactly does “zero added sugar” mean? Just how “natural” or “organic” does a client’s food product have to be? How do you ensure that claims about a product’s artificial ingredients, colors, flavors, and preservatives are keeping you on the right side of NAD precedent and regulatory frameworks? What about claims made on behalf of products for our canine and feline companions? What does “sustainably made” mean in food and non-food categories? This expert panel will cover recent hot-button issues in food advertising and labeling.

Speakers: 

  • Greg Curtis, Assistant General Counsel, Patagonia, General Counsel, Tin Shed Ventures and Patagonia Provisions
  • La Toya Sutton, Attorney, BBB National Programs' National Advertising Division
  • Devon Winkles, Senior Counsel, Marketing Claims, Danone North America

Moderator: 

  • Steven B. Steinborn, Hogan & Lovells US LLP

 

Tuesday, October 6

Back to the Future of Self-Regulation
11:00am-11:15am

The advertising industry has become a model for self-regulation that other industries now emulate. Even through economic disruption and seemingly endless, fast-paced tech innovations, self-regulation in advertising remains agile, thriving in this digital age. How do we maintain that agility as the pace of change continues to quicken? What does the future of self-regulation look like in our industry, and what industries are ripe to adopt this model next?

Speakers: 

  • Mary K. Engle,  Executive Vice President, Policy, BBB National Programs
  • Laura Brett,  Vice President & New York Office Leader, BBB National Programs

Keynote: How to Regulate Social Media When There is No Good Answer
11:15am-12:00pm

Keynote Speaker: 

  • Tom Rogers, Executive Chairman, Engine Media,  Founder, CNBC, Editor at Large, Newsweek 

Moderator: 

  • Laura Brett,  Vice President & New York Office Leader, BBB National Programs

Big Brands and Social Media—The Shifting Landscape of Reviews, Endorsements, and Influencers
12:00pm-1:00pm

The FTC is undertaking the first major review of its Endorsement Guidelines in ten years and soliciting comments. What will the impact be on the legal landscape? What will this mean for cases related to influencers, endorsements and reviews? What are the emerging issues in big-brand social media advertising, streaming services, online disclosures, and affiliate links? Our panel of experts answers your questions about what connections are sufficiently material to trigger the need for disclosures, how brands can and should connect with their influencers, and how advertisers might avoid the potential legal pitfalls when using this type of marketing?

Speakers: 

  • Linda Schneider, Assistant General Counsel, GSK Consumer Healthcare
  • Ellen R. Abramson, Executive Director & Assistant General Counsel, JPMorgan Chase Bank, N.A.
  • Eric Unis, Attorney, BBB National Programs' National Advertising Division

Moderator: 

  • Norman C. Simon, Kramer Levin Naftalis & Frankel LLP

FTC Priorities & Key Cases

1:15pm-2:00pm

Speakers: 

  • Lesley A. Fair,  Senior Attorney, Bureau of Consumer Protection, Federal Trade Commission

Diversity, Inclusion, & the Elimination of Bias in Advertising Law

2:00pm-3:00pm

We all have a responsibility to ensure that diverse populations are represented in ad campaigns, to prevent those campaigns from playing into racial or gender stereotypes, and to promote diversity and inclusion in advertising. Many of us in the advertising law community are asking: “what is our role?” Can we develop voluntary diversity and inclusion standards with self-regulatory review? What about providing new pre-screening services for ads? How do we hold our client or company accountable when they fail to consider diversity and bias issues in their advertising? Our panel of experts will discuss this critical and timely topic.

Speakers: 

  • Ted Suzuki, Vice President & Deputy General Counsel, AT&T Services, Inc.
  • Jessie Grodstein Kennedy, Director, Corporate Counsel, Starbucks
  • Shannon Watkins, Senior VP, Brand Strategy, Advertising, Media, Sponsorships and Creative Services, Aflac
  • Karla Ávila Jiménez, Presidenta Ejecutiva CONAR MEXICO and Vice Chair, International Council for Advertising Standards (ICAS)
  • Kathleen Dunnigan, Senior Attorney, BBB National Programs' National Advertising Division
  • Jennifer Asare, Vice President, Advertising Standards, NBCUniversal

Moderator: 

  • Sarah Bruno,  Reed Smith LLP

 

Wednesday, October 8

NAD—What's New? What's Next?
10:30am-10:45am

Next year, NAD celebrates its 50th anniversary supporting truthful advertising and voluntary self-regulation that protects consumers in a healthy, competitive marketplace. In this session we will discuss the new developments from this year such as expanded case choice pathways, online filing, case re-opening, and more.

Speakers: 

  • Laura Brett, Vice President & New York Office Leader, BBB National Programs
  • Kathleen Dunnigan, Senior Attorney, BBB National Programs' National Advertising Division

Oils & Vinegar, Fast & Fastidious—A Year in Review
10:45am-11:30am

The latest developments and issues at NAD and NARB, including cases in the area of telecommunications, technology, health-related claims, and more as well as a review of the statistics of NAD's Standard Track and new Fast-Track SWIFT cases.

Speakers: 

  • Alex Goldman, Attorney, BBB National Programs' National Advertising Division
  • Robyn Lewis, Attorney, BBB National Programs' National Advertising Division

Keynote: Combating Fraud in the Age of COVID-19
11:30am-12:00pm

Keynote Speaker:

  • Jeffrey A. Rosen, Deputy Attorney General of the United States, U.S. Department of Justice

How Far is Too Far? Pushing the Envelope of What the Evidence Shows
12:15pm-1:15pm

You know what you want your advertising claim to be, so you get the support you need—plenty of testing, consumer use data, etc.—but the data end up supporting a claim that isn’t exactly what you wanted. As an advertiser, you have some important choices to make. How do you push the envelope to the edge of what the evidence can reliably support? Where is the line and how can advertisers robustly promote their products without running across it?

Speakers:

  • Limor Robinson Mann, Chief Oral Care Marketing Counsel, Global Colgate-Palmolive Company
  • Gene Bruno, Senior Director of Product Innovation, Twinlab Consolidation Corporation
  • Keira Krausz, Chief Marketing Officer, HealthPlanOne, LLC
  • Martin Zwerling, Deputy Director, BBB National Programs' National Advertising Division

Moderator: 

  • Ivan J. Wasserman, Amin Talati Wasserman

Best Practices at the NAD, NARB and FTC
1:15pm-2:15pm

Ever wonder what approaches have proven most effective to the NAD attorney or NARB panel on your case as they read parties’ submissions? Enjoy a candid discussion to close out the NAD 2020 conference about what 50 years have taught us about what works, what doesn’t, what we want to see and what we definitely don’t, and more about how to put your best foot forward when navigating close encounters with NAD or the FTC. Submit your questions in advance to get the sought-after answers you’ve always wanted to know.

Speakers: 

  • Laura Brett, Vice President & New York Office Leader, BBB National Programs
  • Mary K. Engle, Executive Vice President, Policy, BBB National Programs
  • Carolyn L. Hann, Chief of Staff for Advertising Practices, Federal Trade Commission

Moderator: 

  • Ross Weisman, P.C., Kirkland & Ellis LLP

Event Resources

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