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Editorial

Index of tables

  1. Advertising and marketing
  2. Leading lawyers

Leading lawyers

  1. 1

Davis & Gilbert LLP’s ‘outstanding’ New York-based department is ‘very responsive to clients’ needs’ and provides ‘highly practical advice based on exceptional industry knowledge and great business judgment’. The firm is noted for its advice to agencies; Allison Fitzpatrick recently advised an advertisement agency on Doritos’ Crash the Super Bowl Contest, and the ‘very practical’ Joseph Lewczak led advice to Concept One Communications in its representation of Gillette in negotiating product placement deals for blockbuster movies, including Avengers: Age of Ultron and Spectre. However, the team also has significant experience acting for brands and advertisers in advertising disputes and before regulators, and recently advised Sony Computer Entertainment America in an FTC inquiry, negotiating a favorable settlement for the client. The team also represented Philosophy, a skincare company, in an NAD appeal. The social and digital media element of the practice is also substantial; it advises on promotions, intellectual property issues and data privacy matters. Other clients include Verizon Wireless, Nissan North America and Simon & Schuster. The ‘invaluable and highly respected’ Ronald Urbach, who ‘is one of the best advertising attorneys around’, leads the practice, and clients recommend the ‘astute and extremely well-liked’ Howard Weingrad and ‘all-round strong attorney’ Richard Eisert.

New York-based Frankfurt Kurnit Klein & Selz PCknows the industry very well and provides clients with a high level of service in all manner of advertising and marketing issues’. The practice acts across contentious and non-contentious issues for brands and agencies and has acted for a number of clients in advertising disputes at the NAD; examples include representing Stokely-Van Camp, the manufacturer of Gatorade, in an NAD challenge against Aspire Beverage Company for unsupported claims made relating to ASPIRE Sports Drinks. Practice co-chair Terri Seligman led on that matter, and also recently represented BIC USA in a challenge against Newell Rubbermaid Office Products for its use of the phrase ‘America’s #1 Ball Point Pen’ in its advertising of the Paper Mate ballpoint pen. The team also has substantial experience advising on advertisements that appear during the Super Bowl, and assisted the agencies or brands that produced 12 of the commercials that appeared during Super Bowl XLIV. Other significant clients include Staples, PepsiCo and the Dunkin’ Brands. Co-head Rick Kurnit is recommended, Jeffrey Greenbaum is prominent in the FTC space, and the ‘incredibly helpful’ Brian Murphy is noted for his content creation experience. Clients recommend Candice Kersh, Christopher Chase and Gavin McElroy, who focuses on transactional and M&A-related advertising matters.

Kramer Levin Naftalis & Frankel LLP’s practice is ‘exceptional across the board’, placing the team as ‘one of the leaders in the field, with outstanding client service, practical advice and amazing response times’. The department advises a range of advertisers, but it has a particular strength in the consumer product and pharmaceutical sectors. The team focuses on three key areas: false advertising and Lanham Act work, representing clients before the NAD, and consumer fraud class actions. Recent examples of each include representing McNeil in a federal action under the Lanham Act against GlaxoSmithKline relating to the false advertising of over-the-counter allergy medication; successfully representing Johnson & Johnson Vision Care in an NAD challenge concerning false advertising of contact lenses by Alcon Laboratories; and successfully defending Revlon in a class action alleging that multiple deodorant manufactures violated the New Jersey consumer fraud statute by claiming scented deodorants were unscented. Harold Weinberger ‘is a very responsive and classy professional and delivers a great wealth of experience’, and he leads the New York-based practice along with Norman Simon, who ‘provides a solid perspective alongside sound and effective strategic advice’. Other notable clients include AstraZeneca, the Dannon Company and ExxonMobil.

Loeb & Loeb LLP’s advanced media and technology team covers a wide range of issues for advertising and marketing clients, advising on promotions and advertising, digital and social media, transactions, disputes and regulatory issues. Kenneth Florin and James Taylor co-head the practice from New York; Florin recently advised Visa on the launch of VisaVue Advertising, which is linked to targeted advertising campaigns, and Taylor recently assisted Toyota with the negotiation of endorsement deals for several national advertising campaigns. Seth Rose in the firm’s Chicago office recently advised T-Mobile on the negotiation of a naming rights agreement for an arena being built in Las Vegas, and also acted for the client in various endorsement agreements and sponsorship rights issues. Other clients for the firm include Gogo, Citibank, Amazon.com, L’Oréal and Nike. Clients recommend Chicago-based Thomas Jirgal for contentious matters.

The ‘very solid department’ at Patterson Belknap Webb & Tyler LLP is based in New York, and is ‘truly elite when it comes to advertising litigation and false advertising matters’, with a ‘broad and deep team of experienced attorneys who demonstrate excellent litigation judgment’. The firm’s client roster includes multinational Fortune 100 companies across several sectors, including food and beverages, cosmetics, pharmaceuticals and telecoms. Examples include The Hershey Company, L’Oréal and Johnson & Johnson. ‘Strong and strategic mindSteven Zalesin is practice head, and is continuing his work for Coca-Cola, representing the client in three high-profile cases relating to a juice blend sold by the client’s Minute Maid brand; the central element of the dispute is a claim brought by the makers of POM Wonderful juice in a case of first impression focusing on whether a product label that complies with requirements of the Food, Drug and Cosmetic Act can be challenged as false and in violation of the Lanham Act. Zalesin also recently represented Blue Buffalo in a Lanham Act false advertising lawsuit against Nestlé Purina relating to Nestlé’s ‘Honesty Campaign’, which claimed Blue Buffalo had been dishonest with consumers about its pet food ingredients. Saul Shapiro represented Cablevision in a Lanham Act suit against Verizon relating to Verizon’s claims that it offers the fastest Wi-Fi speed, and Christine Miller represented United Industries Corporation in an NAD challenge by The Scotts Company relating to garden products.

Proskauer Rose LLP is a notable firm in the advertising litigation arena, with experience in class actions, competitor vs competitor lawsuits, and a particular focus on false advertising matters, acting for multinational corporations, technology companies and other high-profile clients in Lanham Act cases. Recent examples include defending Fresenius Kabi USA, a pharmaceutical company, in a Lanham Act action brought by Par Sterile Products alleging that the client had falsely advertised its Vasopressin injection product as FDA approved; the New York-based team, led by Lawrence Weinstein, successfully secured a dismissal for the client. Weinstein and Brendan O’Rourke co-head the firm’s false advertising and trademark group, which includes litigator Kevin Perra, who represented Radiancy in a putative consumer class action false advertising case relating to the no!no! hair removal product sold by Radiancy and its claimed effectiveness. The department works closely with the firm’s strong intellectual property team.

The ‘excellent’ team at Reed Smith LLPhas mastered the art of client dedication’, providing ‘exceptional service, unparalleled experience and practical advice’. The team is recognized for its representation of trade associations and advertising agency networks, including the Association of National Advertisers, the Interactive Advertising Bureau, Interpublic Group and GSD&M. The client roster also includes brands such as Adidas, Lancôme and new client Hulu. Douglas Wood is co-chair of the advertising, technology and media group, and recently advised the Joint Policy Committee on Broadcast Talent Union Relations on the negotiation of a collective bargaining agreement, which is up for renewal in 2016. The ‘extremely well-respected, pragmatic and creative’ Robert Phillips in San Francisco led advice to Coca-Cola in an advertising review and in trademark clearance matters. John Hooper and Eric Gladbach represented Procter & Gamble in two putative class actions alleging false advertising relating to the content of deodorants and the inclusion of unnecessary extra space in the product. The firm obtained no-pay voluntary dismissals in both class actions. Stacy Marcus, who is noted for her expertise in celebrity endorsements and talent agreements, and John Feldman in Washington DC are recommended. Unless otherwise specified, all attorneys are based in New York.

As ‘one of the industry leaders’, Venable LLPis one of the best advertising firms in the country and is in a league of its own for regulatory work’, utilizing its ‘best-in-class expertise, bench strength and responsiveness’ to provide ‘practical and creative advice’. The firm also has ‘one of the strongest legislative and policy practices’. Recent highlights include representing Allstar Marketing Group in an FTC investigation into the client’s ordering practices, and acting as policy counsel to the Digital Advertising Alliance, which aims to provide internet users with the choice in how they receive online advertising. Other clients include Amazon.com, Chick-fil-A and Dick’s Sporting Goods. ‘Strong up-and-coming practitioner’ Amy Ralph Mudge is a key name in the regulatory practice, and regularly represents clients before the FTC and the NAD. The ‘practice’s primary rainmaker’ Jeffrey Knowles and the ‘solution-oriented’ Roger Colaizzi co-head the practice from Washington DC; Colaizzi is representing SharkNinja as plaintiff in a Lanham Act case. The team’s expansion seen in recent years was continued with the hires of former US senator Mark Pryor, Erik Jones from the Illinois attorney general’s office, and Daniel Blynn from Kelley Drye & Warren LLP. All lawyers mentioned are Washington DC based.

Winston & Strawn LLP’s dedicated marketing practice advises clients on an array of issues, including NAD challenges, promotions for sporting events, social media, online brand protection and talent agreements, among others. The department is recognized for its representation of brands and advertising agencies. Recent work includes representing Pacific Foods in two class actions in California regarding alleged false labeling on various food and beverage products, and advising several clients on matters relating to Super Bowl commercials and promotions. Other highlights for the team included defending the Corn Refiners Association in a high-profile false advertising matter, which alleges that the client’s educational campaign describing high-fructose corn syrup as ‘corn sugar’ is misleading under the Lanham Act. Brian Heidelberger leads the practice from Chicago, and recently succeeded on behalf of FanDuel in an NAD false advertising challenge against DraftKings, and also negotiated talent agreements for Hershey with Olympians Rafer Johnson and Carl Lewis. Liisa Thomas is recommended for social media and data security matters, and clients also recommend Ronald Rothstein. Charlotte-based Amanda Groves is recommended for contentious issues.

The ‘top-notch’ department at Kelley Drye & Warren LLP is well versed in the regulatory advertising environment, and has ‘a vast breadth of knowledge paired with a professional team and extensive experience’. The practice also has substantial expertise in FTC litigation and NAD challenges, and is one of the key firms for TCPA disputes. John Villafranco recently represented Sprint Corporation in a suit filed by the FTC claiming that the client violated the Fair Credit Reporting Act and its Risk-Based Pricing Rule in allegedly charging customers with lower credit scores a monthly fee and failing to notify customers up front. Other clients include Dish Network, Honeywell International and Nestlé Nutrition, which the ‘highly valuable’ Dana Rosenfeld is defending in an FTC investigation into advertising for the client’s Good Start Gentle infant formula and possible claims made regarding its ability to protect infants from developing allergies, and, if so, whether the claims are substantiated. The ‘truly great’ Christie Grymes Thompson leads the primarily Washington DC-based practice.

Operating as part of the firm’s intellectual property practice, the advertising group at Kirkland & Ellis LLPprovides an exemplary service that is responsive, thoughtful and intelligent, utilizing the team’s deep bench and exceptional industry knowledge’. The firm excels in contentious matters, and has substantial experience before the NAD, FTC and NARB. The department has seen an increase in its class action work, and recently advised Abbott Laboratories in a putative class action alleging the client had falsely advertised its Ensure Muscle Health Shake and Ensure Clinical Strength products. ‘Top-of-the-class lawyer’ Gregg LoCascio in Washington DC led the matter, and is also representing Henkel in a class action alleging the client misled consumers by labeling its deodorants as unscented. Clients also recommend Ross Weisman in Chicago, who ‘has a quick mind and a keen strategic sense’, Washington DC-based Jonathan Brightbill, who is a ‘talented lawyer’, and Dale Cendali in New York, whose ‘intellect is unparalleled’.

Manatt, Phelps & Phillips, LLP handles the full gamut of advertising and marketing matters across disputes, regulation and transactions, for a client list that includes leading international brands such as AT&T, Best Buy, Hulu and Sears. Linda Goldstein is chair of the advertising, marketing and media division. Jeffrey Edelstein represented Profile Products in a NAD challenge against Terra Novo, which is alleged to have made false and misleading comparative performance claims about its competing products. Edelstein also advised AT&T, through its advertising agency BBDO, on an advertising campaign relating to the dangers of mobile phone use while driving. Further key team members include Marc Roth, Los Angeles-based Christine Reilly, who specializes in TCPA matters, and Benjamin Chew in Washington DC, who is noted for his Lanham Act experience. All partners, unless otherwise noted, are based in New York.

Morrison & Foerster LLP’s team is highly regarded for its contentious work, which includes a notable consumer class action focus. The firm is strong on the West Coast, with key offices in San Francisco and Los Angeles, and also has a regulatory presence in Washington DC, led by of counsel Julie O’Neill. O’Neill recently advised clients on how to comply with new online and social media laws and regulations. San Francisco-based practice chair Tiffany Cheung is noted for her experience in TCPA litigation, and recently advised 24 Hour Fitness, Sears Holding Company and Nuance Communications, among others, in class action litigation alleging TCPA violations. Further highlights for the team included representing Uber in a government enforcement action alleging that the client made misleading statements regarding the measures it takes to ensure customer safety. William Stern and Rebekah Kaufman, both in San Francisco, led on that matter. Kaufman is also representing FanDuel in several multi-district class actions involving allegations of false advertising and misuse of confidential information. Los Angeles-based David McDowell represented Netflix, H&R Block and others in a putative class action brought by several groups acting for vision and hearing impaired customers alleging that the clients do not provide sufficient access for disabled individuals.

The practice at Sheppard, Mullin, Richter & Hampton LLP excels in media, sport and entertainment, advising clients on promotions, content issues, endorsement agreements and NAD litigation. The team’s extensive client roster includes Snapchat, Paramount Pictures and also Lions Gate Films, which the firm advised on co-promotional agreements with major brands for the final two instalments in The Hunger Games franchise. The team also recently acted for Samsung in the launch of its Gear VR virtual reality platform, and advised the client on its multi-year sponsorship and content distribution agreement with the NBA and an endorsement agreement with NBA player LeBron James. Robert Darwell in Century City is highly experienced in advising clients in the fashion industry, and recently assisted Chanel with its new global advertising campaign for Chanel No. 5. Other retail clients for the firm include Kate Spade, H&M and also Target, which the department advised on its NASCAR sponsorship deal with Ganassi Racing. Brian Anderson and Paul Garrity are the new co-heads of the practice. Former practice heads Benjamin Mulcahy and Gina Reif Ilardi moved to Jenner & Block LLP in April 2016.

Covington & Burling LLP’s team covers advertising and marketing law comprehensively, advising on data security issues, FTC investigations and consumer product class actions. It has a significant focus on the pharmaceutical and food and beverage industries. John Graubert and Sarah Wilson co-chair the practice from Washington DC. Graubert continues his representation of POM Wonderful in litigation with the FTC over advertising claims, and recently filed a cert petition on behalf of the client. Wilson is assisting Microsoft with global product safety issues relating to electronic devices. Emily Johnson Henn and Andrew Schau, based in Redwood Shores and New York respectively, continued to represent Procter & Gamble in multiple class actions challenging the marketing of its Freshmates personal hygiene wipes as flushable, which plaintiffs claim is false and misleading. The practice has also seen an increase in TCPA-related matters, and the team recently advised AOL in a putative TCPA class action linked to AOL Instant Messenger, successfully dismissing the case for the client. Further clients include Doctor’s Best, ExxonMobil and Itochu International.

Mark Diliberti in Milwaukee leads the trademark, copyright and advertising practice at Foley & Lardner LLP, which advises clients on advertising mandates closely linked with intellectual property issues. The firm advises on contentious and non-contentious matters across a range of sectors, including fashion, financial services, manufacturing, sport and entertainment. Diliberti is assisting Harley-Davidson in several sponsorship and talent deals for the client’s 110th anniversary celebration. On the fashion and technology side, New York-based Robert Weisbein helped negotiate an agreement between Michael Bastian, Gilt and Hewlett-Packard for Michael Bastian to design a piece of wearable technology for Gilt’s website. New York-based litigator Jonathan Moskin has increased his focus on advertising recently, and has worked on several false advertising disputes. Key clients include 7-Eleven, Unilever and Major League Baseball. Jami Gekas and Craig Fochler, both based in Chicago, are also names to note. Since publication, Jeffrey Greene has moved to Fenwick & West LLP.

The department at Norton Rose Fulbright is best known for contentious matters, advising national and global clients on Lanham Act false advertising and unfair competition issues. San Antonio-based Saul Perloff is a partner in the firm’s intellectual property group and heads up the advertising practice. He has substantial experience acting for clients in the life sciences and pharmaceutical sectors, and recently represented Nestlé Health Science-Pamlab and Breckenridge Pharmaceutical as plaintiffs in a Lanham Act false advertising case relating to a competitor’s prescription medical foods and dietary supplements. Los Angeles-based Jeffrey Margulies is noted for his expertise in the food sector; examples of his recent work include representing Deoleo US and Safeway in two class actions relating to the labeling of olive oil as ‘extra virgin’. Margulies is also representing Hyland in a false advertising class action centering on allegations that the client’s homeopathic sleep aids do not work as advertised. The team obtained a successful jury verdict for the client. The practice also had experience advising in FTC, NAD and CFPB investigations.

Olshan Frome Wolosky LLP advises across the whole spectrum of contentious, regulatory and transactional matters, with a specific focus on some of the more niche areas of advertising and marketing law, including direct marketing, sweepstakes and contest law, and false advertising litigation. Andrew Lustigman leads the New York-based practice; his recent highlights include advising the Rent the Runway Foundation on the design and structure of a competition and mentorship program designed to help female entrepreneurs. The team also has experience advising on internet and mobile marketing law, and on regulatory matters, including representing clients before the NAD, CARU and FTC. Other notable clients include Fluent, Fareportal and Macromark. Tamara Carmichael joined the firm from Loeb & Loeb LLP in late 2015.

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