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Native Advertising 101: A Comprehensive Primer on Native Ads and the Applicable Regulatory and Legal Framework for Advising on Native Ad Campaigns and Best Practices

(254 Ratings)

Produced on: December 18, 2015

Course Format On Demand Audio

Taught by


Course Description

Time 97 minutes
Difficulty Beginner

This program provides legal practitioners with a practical overview of the digital marketing phenomenon of “native advertising” and the legal issues they need to be aware of when working with native ads. Native ads are said to blur the line between advertising and editorial content, and the practice has increased exponentially during the past few years on the Internet and mobile platforms. Even traditional outlets such as the New York Times have adopted native advertising. This program walks viewers through the many various faces of native advertising and reviews existing FTC and other regulations in place that should guide online marketers in their native advertising campaigns. Join attorneys Fernando Bohorquez and Faiza Javiad as they delve into the relevant self-regulatory regimes as well as the industry best practices with which all attorneys in this space should be familiar.


Learning Objectives:

I.      Understand native advertising 

II.     Grasp the applicable FTC digital ad, endorsement and search guidelines

III.   Gain insight into the relevant self-regulatory framework and industry native ad guidelines

IV.    Recognize third party and user-generated content issues 

V.     Develop disclosure best practices


Fernando A. Bohorquez Jr.


Fernando Bohorquez is a forward-thinking, problem-solving, and innovative attorney who handles commercial, intellectual property, and bankruptcy litigation and business disputes. Currently the Litigation Group Coordinator for BakerHostetler’s New York office, Fernando has deep knowledge and experience with all phases of civil litigation, managing large scale cases in high profile and pressure environments.

He leverages these skills sets, as well as his networks inside and outside of the firm, to advise a variety of emerging tech startup and social media clients on business law, intellectual property, on-line advertising, and privacy and data security. He is a frequent speaker on social media and digital marketing, privacy and data security, electronic discovery, and law firm diversity initiatives and has published several articles and blogs on online advertising and marketing, Internet-related intellectual property issues, and electronic discovery, including regularly contributing to the firm's Data Privacy Monitor and IP Intelligence blogs. For Fernando’s thought leadership on these topics, click here and here. Fernando is also certified as an Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals.

Fernando is very involved and invested in the startup community, representing and counseling various minority and female owned tech companies, serving as a leading member of the firm's Emerging Company team, spearheading the firm's sponsorship of the German Accelerator program in New York City, as well as the New York office's collaboration with Civic Hall, and speaking at local law schools.

Furthermore, Fernando is deeply committed to civic engagement and public service. Recognizing these efforts, the Mayor of New York City recently appointed Fernando to the Conflicts of Interest Board of New York, which oversees the ethics laws applicable to all New York City public servants. He serves on numerous non-profit boards, focusing his time on pipeline efforts developing and mentoring the next generation of leaders of color in the business and legal community.

Consistent with these commitments, Fernando is a member and former co-chair of the New York office's Diversity and Inclusion Committee, and is a former member and chair of the Mentor Committee.


Select Experience

  • Integrally involved as a lead attorney for BakerHostetler's court-appointed representation of SIPA Trustee Irving H. Picard for the liquidation of Bernard L. Madoff Investment Securities LLC in efforts to recover assets for the Fund of Customer Property. Core member of strategy team supervising the global investigation and litigation of hundreds of actions seeking recovery of fraudulent transfers for equitable distribution to the defrauded customers filed by the Trustee in the United States Bankruptcy Court for the Southern District of New York against financial institutions, money managers, insiders, and sophisticated investors.
  • Represented senior government official in Iqbal v. Ashcroft, involving constitutional and statutory challenges to the detention policies following the September 11 terrorist attacks, resulting in a favorable U.S. Supreme Court ruling on the pleading standards required to bring actions in federal court.
  • Managed large-scale, multidisciplinary team in Lanham Act litigation against numerous competitors of a leading client in the prepaid calling card industry.
  • Managed a large scale litigation team in Lanham Act claims against a competitor trademarking distributor for a beauty care industry client.
  • Counseled media conglomerate on digital media issues relating to contracts, licenses, intellectual property, among others, in pre-litigation management work.
  • Advises numerous technology companies in pre-litigation work, including contract and intellectual property issues, and handled disputes with customers and partners to avoid litigation.

Faiza Javaid

Dentsu Aegis Network

Faiza is Associate General Counsel at Forbes Media LLC and handles all things digital at Forbes, from digital advertising (including native) and social media to privacy matters. Faiza works with key executives and innovators at Forbes from a legal and business perspective to ensure compliance with industry and regulatory standards.

She represented Forbes at the Federal Trade Commission’s Native Advertising Workshop in Washington, D.C. in December 2013. Faiza is a member of the Interactive Advertising Bureau’s Legal Affairs Council, Public Policy Council, and Native Advertising Committee; the Legal and Legislative Committee and Native Advertising Subcommittee of Digital Content Next; and the Advertising and Commercial Speech Committee of the Media Law Resource Center.

You can follow her on Twitter here (@faiza_law). 


Jason R.

well done

Jose L.


Andrew G.

two person CLE's are often better than 1 person. the interaction keeps things interesting.

Thomas L.

Not my thing...but well done

Jessica B.

Excellent presentation

C F.

Very interesting course and nicely presented.

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