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Editorial

Index of tables

  1. Advertising and marketing: litigation
  2. Hall of Fame
  3. Leading lawyers
  4. Next generation lawyers

Leading lawyers

  1. 1
    • Lewis Rose - Kelley Drye & Warren LLP
    • Norman Simon - Kramer Levin Naftalis & Frankel LLP
    • John Villafranco - Kelley Drye & Warren LLP
    • Harold Weinberger - Kramer Levin Naftalis & Frankel LLP

Next generation lawyers

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Who Represents Who

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Led by ‘top advertising practitioner’ David Bernstein, Debevoise & Plimpton LLP’s ‘excellent service and insightful advice’ makes it ‘a go-to firm in this arena’. The group handles matters before the Federal Trade Commission (FTC) and the National Advertising Division (NAD) and has substantial preliminary injunction expertise. Its recent work includes representing Merck in a false advertising, trademark infringement and breach-of-contract dispute against Merck & Co over the use of the name Merck; defending Foundation Medicine in false advertising litigation brought by Guardant Health surrounding the client’s liquid assay products; and acting for FanDuel in false advertising claims. Other clients include Growcentia and Allergan; Bernstein and Michael Schaper are representing the latter in an NAD challenge over promotional claims made by Synergy Pharmaceuticals. The department also includes cybersecurity experts Jeremy Feigelson and James Pastore, ‘brilliant litigator’ Jyotin Hamid and Washington DC-based healthcare specialist Paul Rubin, who joined in 2017 from Ropes & Gray LLP. Unless otherwise specified, named attorneys are based in New York.

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IP specialist Finnegan detail how their collaborative approach makes for a unique culture which is designed to allow them to work with clients in a way which is cognizant of the challenges facing all companies today.

Kramer Levin Naftalis & Frankel LLP’s group in New York fields ‘a brilliant team of exceptional litigators’ led by Harold Weinberger and Norman Simon. The team divides its work into three key areas; acting for clients in false advertising litigation under the Lanham Act, consumer fraud class actions, and challenges before the NAD and the National Advertising Review Board (NARB). Its recent Lanham Act work included representing True Car in a lawsuit brought by multiple independent car dealers pertaining to True Car’s claim that it ‘removes surprises at the dealership’. Weinberger, Simon and recently promoted partner Eileen Patt also defended Procter & Gamble in a putative consumer fraud class action in which plaintiffs allege that the client’s Natural Clean Unscented Baby Wipes falsely suggest that the product contains no harmful synthetic ingredients or chemicals; and Simon and Patt acted for Revlon in an NAD challenge relating to the advertising for Coty’s Sally Hansen Miracle Gel nail products. Johnson & Johnson, Starbucks and Gillette are also clients.

Patterson Belknap Webb & Tyler LLP’s ‘fabulous’ New York-based team is ‘trusted implicitly’ by clients due to its ‘incredible responsiveness, creative problem solving and readily available knowledge that is nothing short of amazing’. The ‘unbelievably strategic’ Steven Zalesin leads the group and successfully obtained a preliminary injunction for Eli Lilly and Company and its animal health division, Elanco, in a Lanham Act dispute against Arla Foods in an issue relating to Arla’s advertisement claiming that Elanco’s rbST supplement is dangerous. Other work included acting for The Hershey Company in a putative class action alleging that Hershey’s chocolate products are deceptively labeled as they don’t identify the use of child labor in its supply chain, and representing Johnson & Johnson in a Lanham Act false advertising dispute brought by Pfizer relating to the marketing of Advil for children. Clients also praise the ‘super smart’ Travis Tu, ‘trusting his guidance implicitly’; and Saul Shapiro, who is ‘a key media advertising lawyer’.

Proskauer Rose LLP ‘sets the bar for advertising litigation’, particularly false advertising disputes. Recent highlights include successfully representing Church & Dwight in litigation against SPD Swiss Precision Diagnostics regarding the advertising of pregnancy tests; practice co-head Lawrence Weinstein led the matter. Weinstein also obtained a dismissal for Monini North America in a class action false advertising lawsuit against plaintiffs who claimed its white truffle flavored extra virgin olive oil falsely advertised the product as containing white truffle, and defended Ralph Lauren in two consumer class actions alleging deceptive advertising and false outlet store pricing. Clients also praise co-head Brendan O’Rourke and Alexander Kaplan; Kaplan was part of the team which acted for Ascena Retail Group and its subsidiary Tween Brands in litigation against Bluestar Alliance regarding false advertising, copyright and trademark infringement issues. All attorneys mentioned are based in New York.

Clients of the ‘top-notch’ department at Kelley Drye & Warren LLP ‘receive a quick turnaround and practical advice that is applicable to any problem being faced’; the team excels in FTC advertising litigation, NAD challenges, defending consumer class actions and Telephone Consumer Protection Act (TCPA) litigation. Christie Grymes Thompson leads the Washington DC-based department, which also counts ‘market-leading expert’ John Villafranco as a key practitioner; Villafranco’s work includes representing Quincy Bioscience in an FTC lawsuit relating to the research surrounding its Prevagen memory supplement. Dana Rosenfeld, Lewis Rose and Kristi Wolff are also recommended; Rosenfeld is acting for Nestlé Nutrition in multiple NAD challenges brought against Beech-Nut’s baby foods, and Wolff is ‘incredibly business-minded and provides sound legal advice’. Other clients include Disney, Riddell Sports Group, Unilever and Walgreens.

Kirkland & Ellis LLP ‘excels in the litigation space’ and is ‘the team to hire if you want tenacity and strength’, known as ‘aggressive, sharp and effective litigators, who can uncover every angle of an argument, even under difficult circumstances’. ‘Superb advocate’ Ross Weisman is based in Chicago and leads the department, which also fields ‘second-to-none strategic adviser’ Gregg LoCascio in Washington DC, and Robin McCue, Megan New and Jordan Heinz in the firm’s Chicago office. In a recent highlight, Chicago-based Robert Ellis represented General Motors in a putative class action alleging false advertising regarding claims over the fuel economy of its Lambda line of vehicles. LoCascio, Weisman and McCue also acted for Dyson in a dispute against SharkNinja challenging its claims that its Powered Lift-Away vacuum cleaner is better than Dyson’s DC65. The team also has substantial experience before the NAD, NARB and FTC.

Loeb & Loeb LLP’s practice is jointly led by Thomas Jirgal and David Mallen, based in Chicago and New York respectively. Jirgal regularly acts for clients in the entertainment, communications, food and financial services sectors, particularly in proceedings before the NAD, while Mallen’s expertise encompasses NAD, NARB and FTC claims, with notable experience in the food and beverage, supplement and telecoms sectors. The group’s client roster spans Charter Communications, Comcast Cable Communications, T-Mobile and SC Johnson & Son.

Under the leadership of the ‘incredibly strategic and unbelievably responsive’ Tiffany Cheung in San Francisco, Morrison & Foerster LLP’s consumer class action practice ‘applies exceptional knowledge’ of the technology, retail, and food and beverage sectors to deceptive or false advertising claims under the Lanham Act and the California Consumer Legal Remedies Act. Cheung is also highly regarded for her TCPA expertise; clients include LexisNexis, Change Healthcare and Sears Holding Company. Recent work includes Los Angeles-based Dan Marmalefsky defending Monster Beverage and Monster Energy in multiple false advertising and unfair competition consumer class actions, and David McDowell in Los Angeles representing FanDuel in over 40 multi-district class actions involving allegations of false advertising and misuse of confidential information.

At Norton Rose Fulbright US LLP, the group is led jointly by San Antonio-based Saul Perloff and Jeffrey Margulies in Los Angeles, who have strengths in Lanham Act litigation and consumer class action defense respectively. Recent highlights for Perloff include representing Guardant Health in false advertising litigation brought against Foundation Medicine regarding its advertising campaign targeting Guardant’s liquid biopsy cancer assay, and acting for Land O’Lakes in a false advertising claim relating to alfalfa products. Margulies’ consumer class action work included acting for Deoleo and Safeway in separate consumer class actions regarding olive oil labels, and defending Standard Homeopathic Company, Hyland’s, CVS Pharmacy and Target in a consumer class action following a product recall of Hyland’s homeopathic teething remedies due to an FDA warning highlighting the potential dangers of the product. Boltex Manufacturing, Arbor Pharmaceuticals and Nestlé Health Science are also clients.

Venable LLP’s ‘extensive and strong stable of attorneys’ provides ‘cutting-edge advice’ paired with ‘exceptional response times, business acumen and industry knowledge’. ‘Excellent litigator’ Roger Colaizzi leads the department, which is defending the Dannon Company in a consumer class action pertaining to the ‘All Natural’ labeling on its products; plaintiffs claim that the client’s yoghurt cannot be natural as it is made from the milk of cows that are fed genetically modified corn and raised using bovine growth hormones. Daniel Blynn represented Viridian Energy in five separate consumer class actions concerning the energy supplier’s variable-rate advertising and marketing practices. The group also assists with false advertising litigation and TCPA issues. All attorneys mentioned are based in Washington DC.

Winston & Strawn LLP’s litigation team includes Ronald Rothstein in Chicago and Charlotte-based Amanda Groves; Groves is defending Dollar General in a putative class action alleging the client’s DG Body Soothing Aloe Gel doesn’t contain aloe vera, as claimed on the label, and Rothstein is acting for Big Heart Pet Brands in a putative class action regarding the ‘All Natural’ labeling of various pet food products. Clients also praise ‘excellent litigator’ Michael Elkin in New York, who is representing PepsiCo in litigation brought by advertising agency Betty, which alleges that PepsiCo’s 2016 Super Bowl commercial was originally its concept; and Chicago-based product liability specialist Scott Glauberman, who is defending Abbott Laboratories in false advertising litigation in which plaintiffs allege that the labeling of Abbott’s AdvantEdge and Myoplex nutrition bars misrepresents the products’ nutritional values.

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