Join the World's Top Legal Talent Network

BBB National Programs

BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard.

National Advertising Division (NAD) Attorney

WHO WE ARE

We are a non-profit organization dedicated to fostering a more accountable and trustworthy marketplace. As the foremost thought leader on industry self-regulation, we are shaping the way that businesses and consumers interact with one another. We are the home to more than a dozen self-regulation programs that set high standards for businesses and provide third-party accountability and dispute resolution services that help ensure a fair marketplace for consumers. BBB National Programs has worked with industry leaders and government regulatory agencies since 1971 to establish the standards that guide best practices in advertising, privacy, children’s and teen’s marketing, consumer warranty issues, and dispute resolution.

ABOUT National Advertising Division

The National Advertising Division (NAD) monitors national advertising in all media, enforces high standards of truth and accuracy, and efficiently resolves disputes to build consumer trust and support fair competition. NAD reviews advertising based on challenges from businesses, complaints from consumers, or on its own initiative covering a wide variety of both industries and issues. NAD’s decisions represent the single largest body of advertising decisions in the United States.

YOUR IMPACT

As an NAD attorney you will work to hold the advertising industry to standards for truthful and transparent advertising in cases brought by competitors or through NAD’s own monitoring of the advertising industry. These case decisions impact both the case at hand and the advertising industry as a whole, as they provide guidance on claim substantiation and other truth and transparency issues in advertising.

Essential Duties and Responsibilities:

• Conduct judicial review proceedings, serving as judges in the advertising industry’s system of voluntary self-regulation
• Draft well-reasoned opinions, summarizing the evidence and legal arguments and drawing conclusions of fact and law on 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 with parties regarding confidentiality of documents, extensions for the filing of submissions, meeting dates, and language of the decision and Advertiser’s Statement with an appropriate judicial temperament to ensure 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
• Prepare 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

WHAT YOU WILL BRING

Must have:

• JD with 8+ years of experience
• Member of the bar of a relevant jurisdiction
• Excellent time management skills and ability to multi-task and prioritize work
• Strong decision-making skills
• Excellent interpersonal skills
• Comfortable working in a fast-paced environment
• Attention to detail and excellent problem-solving skills
• Excellent written and verbal communication skills
• Growth mindset and adaptive to learn from experiences and adjust the approach
• Ability to thrive in a dynamic, fast-paced environment
• Strong Office 365 and other similar skills

Let us know if you have:

• Advertising/marketing law experience in-house at a major corporation or law firm, big 4 firm, or relevant government agency
• Litigation experience involving technical and scientific evidence
• Bachelors and/or advanced degree in science or technology (biology, chemistry, physics, artificial intelligence, or medicine)
• Expertise in analyzing statistical models

WHAT WE OFFER:

At BBB National Programs, we bring a growth mindset as we advance our mission and strive to foster trust, innovation, and competition in the marketplace. Cultivating a team of talented and engaged professionals who seek out new challenges and opportunities catalyze our progress. We are an inclusive organization, bringing a dynamic environment that supports our employees and the meaningful work we do.

Health & Welfare Benefits: You will be offered a comprehensive plan offering health, dental, and vision plans. paid short-term disability insurance, and life insurance.

Financial Well-Being: Build your retirement savings with our 401k plan matching up to 5% of your contributions.

Time Off: You will have the flexibility for the time you need off from work. We offer a variety of plans including vacation, personal, and sick leave.

Wellness: We promote physical and mental wellness by providing a fully equipped on-site fitness center in our offices and an employee assistance program.

Due to safety concerns resulting from the pandemic, we have shifted to a remote work model. The work location for this position is flexible, and we are open to a fully remote work arrangement. In the future (and regardless of work location), however, this position will require flexibility to travel as required for conferences and other events.

BBB National Programs is proud to be an equal employment opportunity employer.