Native Advertising: Ensuring Compliance When Developing and Distributing Original, Editorial and User-Generated Content

Navigating New FTC Guidance, Lessons From Recent FTC Enforcement

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, June 14, 2016

Recorded event now available

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Course Materials

This CLE course will provide guidance for counsel of brand owners on recent developments for native advertising. The panel will examine the regulatory landscape and the laws applicable to native advertising. The panel will discuss transparency and disclosure, as well as the steps companies should take to ensure compliance and minimize the risk of FTC scrutiny.


More and more companies are using native advertising—content that has been paid for and/or developed by an advertiser that is not readily identifiable as advertising or appears to be editorial in nature. The FTC has recently updated its guidance and made prevention of deceptive native ads a priority.

In Dec. 2015, the FTC issued its long-awaited guidance on native advertising, which explains how the FTC applies its consumer protection standards and clarifies what businesses need to do in their native ads to comply with regulatory requirements. In March 2016, the FTC brought and settled its first native advertising case against retailer Lord & Taylor.

Counsel for companies and brand owners should examine the Lord & Taylor settlement, which provides crucial information about the steps companies should take to avoid similar FTC scrutiny of their native ad campaigns. From disclosures to training, companies must understand the requirements when enlisting influencers, bloggers, and others in marketing efforts to ensure compliance.

Listen as our authoritative panel examines native advertising, discussing recent regulatory activity and the Lord & Taylor settlement. The panel will offer guidance to companies/brand owners on what they can do to avoid compliance pitfalls of native advertising and FTC scrutiny.



  1. Native advertising—recent developments
    1. FTC guidance
    2. Lord & Taylor case
  2. Lessons learned from the recent FTC settlement with Lord & Taylor
  3. Guidance for brand owners on avoiding compliance pitfalls when using native advertising


The panel will review these and other key issues:

  • What lessons can be learned from recent enforcement actions to ensure compliance with native advertising requirements?
  • When should businesses disclose that content is native advertising?
  • How should businesses make effective and clear disclosures in native advertising?


Brian D. Fergemann
Brian D. Fergemann

Winston & Strawn

Mr. Fergemann counsels major national food, beverage, and consumer product companies and retailers and their...  |  Read More

Miri Frankel Miller
Miri Frankel Miller
Associate General Counsel, Americas
Dentsu Aegis Network

Ms. Miller is responsible for advising DAN’s media agencies in their work handling digital creative execution,...  |  Read More

Madhu Goel Southworth
Madhu Goel Southworth
Senior Vice President, Legal & Business Affairs
AMC Networks

Ms. Goel Southworth provides legal and business affairs support across AMC ranging from unscripted and digital...  |  Read More

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