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BA, while I am sure you lawyers are well versed, etc... there are many issues at play here.
The biggest question in all of this is "what is a visual depiction"? Is it an individual image, or the collected images of a session? A non-nude picture that is part of a set (a depiction) that includes nudity would require 2257, even if the individual image does not show nudity.
To make this more clear, rather than a series of still images, consider a video. A single video is a depiction. The model goes from clothed to nude to hardcore during that video. Any still image taken from that video is part of a depiction that requires 2257.
Further, as nudity is no longer the trigger (lewd display of the genital area, even clothed could require 2257 documents), it would be difficult if not impossible for individual affiliates to determine if a specific single image is or is not part of a grouped depiction, or if it is or is not by itself sufficiently lewd as to require documentation. Effectively it would come down to a judgement call, which none of us should ever be forced to make. If you are in the US promoting porn, get 2257 documents.
Also, non-nude images appearing on a TGP that promoted sites with hardcore banners, example, would likely require documentation because they are part of a work that includes hardcore (the website).
Your lawyers maybe technically correct, but I would be interested to see a more real-world view.
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