Legal Affairs

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

I. An Interview with the NAD's Phyllis Marcus (2:05 - 2:50pm)
Join us for a conversation between the new leader of BBB National Programs National Advertising Division, Phyllis Marcus, and its former leader, Laura Brett, now a partner at Simpson Thacher & Bartlett leading its Advertising Advisory and Litigation Practice. Learn about new initiatives, recent cases, and current priorities, and gain tips on best practices when advocating a false advertising challenge.  

Speakers: 
Laura Brett, Partner, Simpson Thacher & Bartlett LLP
Phyllis Marcus, Vice President, National Advertising Division, BBB National Programs

II. Price Advertising: Navigating New Transparency & AI Regulations (2:50 - 3:35pm)
This session will provide a timely and informative discussion on the evolving regulatory landscape around price advertising. In this session, we will explore the importance of upfront disclosure of the total cost to consumers—including all fees and surcharges—to ensure compliance and build trust. The discussion will also delve into the legal challenges posed by dynamic pricing models, highlighting recent developments in state artificial intelligence (AI) disclosure laws and the challenges posed by potential algorithmic bias. Attendees will gain practical insights into how to navigate these complex requirements and best practices for advising clients.

Speakers:  
Frank Gorman, Partner, WilmerHale
Benjamin Chapin, Partner, WilmerHale

III. Crossing the Border – What U.S. Advertisers Should Know About Canadian Ad Law (3:35 - 4:05pm)
(Download the Presentation)

When U.S. advertisers expand their campaigns into Canada, key differences in Canadian advertising rules can create unexpected legal risks. This session will highlight the Canadian requirements that often trip up U.S. brands, including claim substantiation, pricing rules, language requirements, and more. Participants will walk away with practical, Canada-specific insights to help ensure cross-border campaigns stay compliant.

Speaker:
Julia Kappler, Partner, Advertising & Product Regulatory Law Group, Gowling WLG