Strategies for Maximizing Success at the NAD and in Subsequent Proceedings

March 13, 2015 11:00am

Svetlana N. Walker
Senior Corporate Counsel
The Clorox Company (Oakland, CA)

Andrew Sacks
Vice President, Legal
T-Mobile USA

Kenneth A. Plevan
Skadden, Arps, Slate, Meagher & Flom LLP

The NAD is an attractive venue for bringing advertising disputes—it can be more cost effective than litigation, its results are largely confidential, and it is an industry vested decision making body. However, it is not without its own risks: your challenge could fail, the decision could spawn class actions, or your opponent may not abide by the decision. In this session, experienced NAD practitioners will share their techniques for effective advocacy, including providing guidance on:

  • Solidly establishing your claim’s foundations
  • Assessing what type of substantiation NAD will want
  • Ensuring that your substantiation is a good fit for your claim
  • Anticipating how much precedential value the NAD will give to prior decisions
  • Navigating the appeals process
  • Managing PR fallout should the challenge become public
  • Utilizing expert witnesses and evidence effectively
  • Developing strategies for deterring or preparing for followon class action litigation
  • Leveraging an NAD decision in subsequent court proceedings should your opponent fail to abide by the decision