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8:00 AM - 9:15 AM

Enjoy breakfast and coffee before NAD day 2 begins. 

9:15 AM - 9:20 AM
Welcome to Day 2

Day 2 will focus on the next era of ad law and address issues facing advertisers on the road ahead. 

9:20 AM - 10:35 AM
A Fresh Look at Environmental, Social, and Corporate Governance (ESG) claims: State of Play & New Frontiers

This panel will examine the ever-evolving ESG landscape.  Panelists will review current issues in the environmental space, from supply-chain issues and the challenges of developing appropriate claim support as well as explore key social and governance issues, including labor and human rights issues and the legal implications when companies advertise ESG initiatives.

10:35 AM - 10:50 AM
Networking Break
10:50 AM - 12:05 PM
What’s New with Consumer Reviews and Endorsements

Consumers rely on information found on both social media and retail platforms to make purchases. Understanding the multi-layered process around collecting and posting reviews, and relationships that underlie much sponsored content are essential to guide advertisers in applying FTC guidance in unfamiliar territory and maintaining consumer trust in the legitimacy of reviews and ratings. Equally important is an understanding of the rules for advertisers’ use of consumer endorsements and testimonials, which are especially important in today’s era of social media influencer marketing. The panel will examine the challenges associated with leveraging consumer reviews and endorsements to drive product sales and promotion, and how advertisers can avoid the blurring of lines between advertising and editorial content to avoid regulatory enforcement and misleading consumers. The session will include a discussion of the FTC’s recently announced final revisions to its Endorsement Guides and proposed new Rule on the Use of Consumer Reviews and Testimonials. 

12:05 PM - 1:05 PM
AI: The Next Frontier

Artificial Intelligence (AI) is here to stay. This panel will look at AI’s impact on advertising and emerging legal issues surrounding claims about AI to the placement of advertising in generative AI and explore both legal and ethical considerations.  

1:05 PM - 2:05 PM
2:05 PM - 2:35 PM
NAD Practice Updates

NAD will provide an update on the recent changes to its policy and procedures for Fast Track SWIFT challenges and insights and trends on how parties are using the SWIFT, Complex and Disclosure tracks. NAD will also provide updates on other proposed changes to its policies and procedures.

2:35 PM - 3:35 PM
Shaking up the Separation of Powers: Collateral Effects on the FTC and Advertisers

This panel will review the recent activity at the FTC, challenges to its authority (including a discussion of the Supreme Court decision in Axon) and any impact this may have on advertising, advertising self-regulation and advertising litigation. 

3:35 PM - 4:15 PM
NAD: The Future of Advertising Industry Self-Regulation

The National Advertising Division ends each conference with a look into a crystal ball. In this session, we explore what is ahead for advertising industry self-regulation in the next year and then make our predictions about what is just over the horizon in the broader ad law landscape, including international self-regulatory policy developments. 

8:00 AM - 9:00 AM
Breakfast and Registration

Enjoy breakfast and coffee before NAD officially begins. Don't forget to stop by the registration desk to get set up for the day. 

9:00 AM - 9:15 AM
Welcome to NAD 2023

Welcome remarks will include housekeeping items and instructions for receiving CLE credit.  

9:15 AM - 10:00 AM
NAD: A Year in Review

National Advertising Division attorneys provide an overview of trends and recurring issues from the past year. This session also reviews trends in compliance cases and regulatory referrals.  

10:00 AM - 10:15 AM
Networking Break
10:15 AM - 11:30 AM
Claim Substantiation: Everything Old is New Again

This panel will do a deep dive into recurring issues for companies and their outside counsel – can bridging claims be made with older testing? How will the FTC’s new Health Product Compliance Guidance and recent notices for unsubstantiated claims affect ad claims review? This panel will also review bread-and-butter claim substantiation issues, from unsurpassed claims to price matching claims. 

11:30 AM - 12:15 PM
FTC Update & Enforcement Actions with Samuel Levine

Bureau Director Samuel Levine will describe what is on the FTC’s radar for this year and highlight relevant cases on critical ad law topics.   

12:15 PM - 1:15 PM

Enjoy a catered lunch with your newly made connections and colleagues in the ad law field. 

1:15 PM - 2:15 PM
Ethics in Advertising

Promoting ethical advertising is critical for creating and maintaining brand trust and loyalty. Explore the ethical responsibilities of outside and in-house counsel in the rapidly evolving advertising landscape.  

2:15 PM - 2:45 PM
Fireside Chat: Ad Campaigns Got off Track and How to Recover

Exploring advertising campaigns that took unexpected twists, this panel will provide insights on how to optimize the workflow between Marketing and Legal Departments to avoid unintended or unexpected consequences.  

2:45 PM - 3:00 PM
Networking Break
3:00 PM - 4:15 PM
Does an NARB Panel Appeal to You? Recent Trends in Practice and Procedure

From an overview of the current appeals process to a discussion of current procedural issues and a look at and cases and insights from seasoned NARB practitioners, this panel will provide a detailed picture of the advertising self-regulation appeals process.  

4:15 PM - 5:00 PM
One-on-One with Steven Brill

A discussion with Steven Brill, co-CEO and co-Editor-In-Chief of NewsGuard on his insights on the future of platforms and advertising.  

5:00 PM - 7:00 PM
Welcome Reception at Harpers Garden

Join the NAD team, speakers, FTC leadership and fellow conference attendees at a welcome reception downstairs at the beautiful Harpers Garden Restaurant.