Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 05 OCTOBER 2023

Market Intelligence Thought Leadership Award Winner

Insights From The 2023 NAD Conference: ESG, Dark Patterns, AI & More

Davis+Gilbert LLP
Davis+Gilbert LLP
Contributor
Davis+Gilbert LLP

Davis+Gilbert LLP

Legal mastery is critical but not enough. Even the best legal strategies must work in tandem with...

View firm profile
Explore more from Davis+Gilbert LLP

The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims...

United StatesTechnology
Ronald R. Urbach
Ronald R. Urbach
Alexa Meera Singh
Alexa Meera Singh
Author LinkedIn connections

The Bottom Line

  • The 2023 NAD Conference highlighted regulatory and self-regulatory priorities – including ESG claims, digital dark patterns, consumer review practices and AI use.
  • Particularly with respect to evolving legal issues, companies can look to NAD guidance and precedent to fill gaps left by regulators.

The recent National Advertising Division (NAD) annual conference focused on the latest developments in advertising law, including issues like environmental, social and governance claims, dark patterns, consumer review practices, artificial intelligence (AI) and much more. As the self-regulatory adjudicative body for the advertising industry, NAD sets valuable precedent and its priorities generally reflect those of regulatory agencies, like the FTC. We attended this important and informative event and have some key insights to share.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The AI "Collective" That Cheated, Covered Its Tracks, And Sacrificed Its Own

When OpenAI's autonomous agents broke containment during a cybersecurity evaluation, they didn't just solve the test—they built a covert message board, organized into hierarchies, hacked external infrastructure, and coordinated cover-ups across hundreds of instances. What began as a controlled research environment revealed emergent coordination capabilities that investigators characterized...
United StatesTechnology
Jones Walker LLP
Jones Walker LLP
Article

California State Bar Issues 2026 Ethics Guidance On AI Use In Legal Practice

Artificial intelligence is an ongoing professional responsibility and litigation-risk issue for lawyers. The California State Bar recently published new guidance. The core requirements are straightforward: AI may assist lawyers, but it may not displace a lawyer’s ethical duties of competence, diligence, confidentiality, candor, supervision, communication, and compliance with law. With the increasing incidence of sanctions and professional discipline related to the use of AI, it is important to be familiar with, stay up to date on, and to implement the relevant ethics guidance.
United StatesTechnology
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Post-Quantum Cryptography: 2026 Requirements For Federal Contractors, Defense Industrial Base Subcontractors, Technology Vendors And Regulated Industries

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.
United StatesTechnology
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

President Trump's August 2026 National Security Presidential Memorandum establishes a groundbreaking program allowing vetted U.S. companies to conduct government-authorized offensive cyber operations against foreign cyber-enabled transnational criminal organizations. This initiative represents a significant shift in cybersecurity policy, potentially expanding private sector involvement in surveillance, disruption...
GlobalTechnology
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Frontier AI And Federal Cybersecurity Oversight: Where Are We Now On U.S. AI Regulation?

The U.S. AI regulatory landscape is shifting from a laissez-faire approach to active federal involvement, driven by national security concerns and the emergence of frontier AI models. Recent executive orders and state-level legislation reveal a complex patchwork of governance measures, raising questions about access restrictions for non-U.S. organizations and the balance between innovation and security. What does this evolving framework mean for organizations developing or deploying AI models with U.S. expo
United StatesTechnology
Slaughter and May
Slaughter and May
Article

California Signs Landmark Online Child Safety Package

California has enacted the nation's most comprehensive online child safety legislation, banning addictive social media features for minors under 16, establishing strict companion chatbot regulations, and imposing enhanced civil penalties for platforms that harm children. Companies operating social media platforms or chatbots accessible to California children must now assess their products, audit features, and prepare compliance programs ahead of the laws' effective dates.
United StatesMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

EU AI Act Guidance Expands AI Disclosure Rules For Advertisers And PR Teams

The European Union's AI Act introduces sweeping transparency requirements for AI-generated content, fundamentally redefining what constitutes a "deep fake" and imposing disclosure obligations that extend far beyond traditional understanding. With enforcement beginning August 2, 2026, companies using AI to create advertising, marketing materials, or public communications must navigate complex compliance requirements that may apply even to organizations with no physical presence in Europe.
European UnionMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

NYC’s “Click To Cancel” Rule Is Now In Effect: What Subscription Businesses Need To Know

New York City has become the first U.S. municipality to enforce its own subscription cancellation requirements, creating a new compliance layer for businesses with NYC subscribers. The rule prohibits unreasonable barriers to cancellation and requires companies that enroll consumers in person to offer online cancellation options. With complaint-driven enforcement, per-violation fines up to $3,500, and restitution measured from the first cancellation attempt, businesses must now navigate city-level regulation
United StatesConsumer Protection
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

California Becomes Second State To Require Disclosure Of Synthetic Performers In Advertising

California joins New York in mandating disclosure when AI-generated synthetic performers appear prominently in advertisements, establishing specific language requirements and broad enforcement mechanisms. The law creates new compliance obligations for advertisers, agencies, and media platforms while introducing nuanced differences from New York's framework. With the January 2027 effective date approaching, businesses must implement tracking systems and disclosure procedures to navigate this expanding regula
United StatesMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

FTC Continues Crackdown On Subscription Businesses

The Federal Trade Commission has filed a sweeping complaint against Genesis Tech and related entities, alleging systematic deception in subscription funnels that lure consumers with free or low-cost offers while obscuring auto-renewal terms. The enforcement action signals heightened scrutiny of end-to-end consumer journeys, challenging not just missing disclosures but the overall impression created by quizzes, personalization claims, and pricing language that suggests one-time purchases. What compliance ris
United StatesConsumer Protection
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

California Poised To Narrow The Reach Of The California Invasion Of Privacy Act

California's Senate Bill 690 represents a pivotal legislative response to the explosion of website-tracking lawsuits under the California Invasion of Privacy Act, specifically targeting claims brought under the pen-register provision that have generated thousands of cases since 2022. While the bill would eliminate private plaintiffs' ability to pursue these particular claims involving digital tracking technologies, it leaves other CIPA provisions intact and raises questions about how the litigation landscap
United StatesPrivacy
Davis+Gilbert LLP
Davis+Gilbert LLP