EP175: The Fine Print: AI, Marketing And Brand Risk

AI is moving fast, but most teams are still figuring out how to use it responsibly. In this episode, Tessa Burg talks with advertising attorney Candice Kersh about the legal and practical questions marketing leaders are facing right now. They cover what companies should worry about, where risk tends to show up and why policies, training and better decisions matter more than ever. 

This is the conversation that will help you cut through the AI noise. You’ll get a clearer understanding of AI contracts, copyright, ownership, data protection, synthetic performers and what brands need to think about before launching AI-powered work. It’s a helpful listen for anyone trying to move faster with AI without creating bigger problems later. 

Leader Generation is hosted by Tessa Burg and brought to you by Mod Op.

About Candice Kersh:

Candice is a leading advertising and marketing attorney and a longtime member of Frankfurt Kurnit’s advertising, marketing, and public relations practice. Widely recognized for her expertise and practical approach, she is consistently ranked by Best Lawyers in America, Chambers USA, The Legal 500, and Super Lawyers, and was named a 2025 Financier Worldwide Distinguished Advisor in Advertising and Marketing. The first woman named “Advertising Lawyer of the Year” by Best Lawyers in America and the only lawyer recognized by Folio as a Top Woman in Media, Candice is a go-to advisor for brands navigating complex advertising, marketing, and emerging technology issues.  Her client testimonials speak volumes about the trust her clients place in her and the high standard of counsel she provides.  Candice’s experience, insight, and creative problem-solving make her a trusted advisor on the full range of advertising and marketing law issues, including IP, right of publicity, advertising clearance, false advertising and substantiation, AI-related matters, talent and sponsorship agreements, union issues, agency and media agreements, and branded entertainment deals—helping leading brands clear legal hurdles and bring innovative campaigns to market. Candice can be reached on LinkedIn or on her firm’s website, fkks.com.

About Tessa Burg:

Tessa is the Chief Technology Officer at Mod Op and Host of the Leader Generation podcast. She has led both technology and marketing teams for 15+ years. Tessa initiated and now leads Mod Op's AI/ML Pilot Team, AI Council and Innovation Pipeline. She started her career in IT and development before following her love for data and strategy into digital marketing. Tessa has held roles on both the consulting and client sides of the business for domestic and international brands, including American Greetings, Amazon, Nestlé, Anlene, Moen and many more. Tessa can be reached on LinkedIn or at [email protected].