The Legal 500

Clients recommend New York boutique Davis & Gilbert LLP as ‘the best firm in the advertising agency world’ for advice on the creation, production and dissemination of advertising across all media, particularly interactive technology and consumer-generated content. The 21-partner group focuses on transactions counseling and contentious work including false advertising cases and cases of first impression involving, internet advertising and pre-sale promotional trademark use. Clients include industry trade associations the American Association of Advertising Agencies (AAAA) and the American Advertising Federation (AAF). The practice is a trusted advisor to industry self-regulatory body the National Advertising Division (NAD), including the Children’s Advertising Review Unit (CARU), leading advertising agencies J Walter Thompson, Ogilvy & Mather and TBWA Chiat Day and global brands MTV Networks, Apple, and Nissan. New clients include Little Caesars Pizza, CHI Advertising, MySpace and Chrysler. Marc Rachman represented American Express in a copyright infringement action brought by photographer and documentary filmmaker Louie Psihoyos that was amicably resolved. ‘Strong litigator’ Guy Cohen is defending BBDO Worldwide against claims by rock musician Levon Helm. Practice head Ronald Urbach is ‘probably the best attorney in the field. His advice and counsel is invaluable’; and he is recommended for ‘dealing with complex issues’. Urbach advised Goodby, Silverstein & Partners on advertising and promotional campaigns associated with the launch of the Chevrolet Volt, the first plug-in electric hybrid vehicle in the United States. Clients commend James Johnston as ‘calming and helpful in difficult situations’, and Joseph Lewczak’s ‘knowledgeable, practical approach’. Howard Weingrad, who handles talent issues, is ‘astute, well-liked and business-focused’; Richard Eisert is a ‘strong generalist’. Allison Fitzpatrick and Brooke Erdos Singer were promoted to partner.

Described as ‘true experts at the top of their game’, Frankfurt Kurnit Klein & Selz advises on all aspects of advertising from agency formation and M&A to new media and technologies. It clears creative work and advises on cutting-edge marketing initiatives. According to one client, it ‘provides a thorough legal framework in which to deliver projects with the lowest possible risk’. Key focus areas include product placements, sponsorship, celebrity endorsements, and interactive and behavioral advertising. Clients include advertising agencies Digitas, Anomaly, Droga 5, Firstborn and Crispin Porter & Bogusky; top brands Nike, Domino’s Pizza and. Cablevision; and agency bodies AAAA, the Association of National Advertisers (ANA) and the Society of Digital Agencies. Rick Kurnit is ‘an outstanding lawyer, and invaluable business advisor’. Candice Kersh and Mara Canner are ‘super smart, and terrific at their jobs’. Brian Murphy advises on user-generated content, social networking, and interactive and mobile platforms. Jeffrey Greenbaum focuses on regulatory issues. Clients ‘love working with the highly capable’ Gavin McElroy. Michael Schiffer and Shelly Paioff are ‘impressively responsive within a tight turnaround time’. Christopher Chase wins plaudits for his ability to ‘explain complex legal issues in clear, simple language’. Terri Seligman is also recommended.

Kramer Levin Naftalis & Frankel LLP’s ‘superb, responsive’ eight-partner practice advises pharmaceutical and consumer products companies, retailers and software firms on claim substantiation and advertising clearance, and handles high-profile litigation. Practice head Harold Weinberger, an ‘impressive, professional’ litigator, and Jonathan Wagner, who ‘can be relied upon for objective and sound counsel’, won a landmark Court of Appeals victory for PBM Products upholding the verdict of a jury trial which found Mead Johnson liable for falsely claiming that store brand infant formula manufactured by PBM Products was nutritionally inferior to Mead Johnson’s products and awarded PBM $13.5m in damages. They also successfully defended Procter & Gamble in a Lanham Act false advertising case brought by a group of professional salons who were claiming that Procter & Gamble falsely advertised their hair products, and successfully defended Neutrogena against a challenge by Schering-Plough to Neutrogena’s sunscreen products sold under the Helioplex trademark. Weinberger and Norman Simon, who is recommended as ‘approachable, highly knowledgeable and skilled’, defended advertisers in challenges before the NAD and the National Advertising Review Board (NARB). Simon successfully defended comparative advertising claims for Acuvue brand contact lenses based on clinical testing conducted by Johnson & Johnson Vision Care in an NAD challenge commenced by CIBA Vision Corporation. Simon and Weinberger defended advertisers in challenges before the NAD and the NARB. Jennifer Rochon and Kerri Ann Law are also recommended.

Patterson, Belknap, Webb & Tyler is a recognized leader in false advertising litigation. Led by litigation chair Steven Zalesin, supported by the firm’s IP strength, the firm represents consumer products companies in Lanham Act disputes and before the NAD and FTC. Of counsel Christine Miller handles advertising substantiation and network clearance, and Saul Shapiro focuses on false advertising matters in the media industry. Zalesin and his team represented Coca-Cola in an appeal to the Ninth Circuit in a false advertising suit brought by the makers of the pomegranate juice POM Wonderful, and acted for Johnson & Johnson in eight consumer class action suits disputing the label and advertising for Listerine Total Care Anticavity mouthwash. The team was successful in six of these and the remaining two settled. L’Oréal is another high-profile client. Litigator Travis Tu, who specializes in IP, false advertising and consumer fraud matters, was promoted to partner.

Proskauer Rose LLP’s 19-lawyer advertising litigation practice works out of New York, Boston, Washington DC and Los Angeles. Lawrence Weinstein, who is acknowledged as ‘the go-to lawyer for the toughest matters’, leads the practice together with Brendan O’Rourke, who has a ‘tremendous knowledge base’. The group handles competitor claims under the Lanham Act, consumer class actions governed by state laws, proceedings before the NAD and FTC challenges. Highlights included successfully representing Church & Dwight in a false advertising class action suit related to label claims concerning the safety of pain relief product Orajel for children under the age of two, and in a challenge to claims in a Clorox television commercial for a cat litter product. Other work included successfully defending the US Green Building Council, the developer and administrator of the LEED environmental certification rating program, in a class action false advertising lawsuit. O’ Rourke is defending Radiancy, in a false advertising and trademark infringement lawsuit concerning its light-based hair removal device. Key clients include Bausch & Lomb, T-Mobile, Dyson, SC Johnson, Major League Baseball, Merix Pharmaceuticals and Colgate-Palmolive. Michael Mervis is ‘one to watch’ and Baldassare Vinti is also recommended. Adam Siegartel was promoted to senior counsel.

Reed Smith LLP’s multidisciplinary advertising, technology and media group has 63 lawyers in offices across the US and internationally. The team’s bandwidth is reflected in its ability to handle a diverse range of regulatory, transactional and litigation work for advertising agencies and global brands, including adidas, Publicis Groupe, UBS, General Electric, Viacom, Electronic Arts and Fox Television. The practice handles advertising clearance, licensing and multi-platform promotions, including behavioral advertising, e-commerce, m-commerce (mobile commerce) and l-commerce (location-based commerce). Lawyers are commended for their ‘strong response times and excellent knowledge’. According to one client, practice head Douglas Wood in New York ‘demonstrates exceptional business and legal savvy and is a pleasure to work with’. ‘Online and new media authority’ Joseph Rosenbaum ‘provides comprehensive, nuanced advice’. Wood is the advertising industry’s lead negotiator for collective bargaining agreements with the Screen Actors Guild (SAG), the American Federation of Television and Radio Artists (AFTRA) and the American Federation of Musicians (AFM). Wood is also general counsel to the ANA, the Advertising Research Foundation and The Advertising Council, and Rosenbaum is general counsel to the Interactive Advertising Bureau. Rosenbaum advises Sony Pictures Entertainment on global e-commerce and digital rights management, and assists Ladbrokes with complex e-commerce, m-commerce and advertising, including celebrity endorsements. On the contentious side, Wood led a team, that included John Feldman in Washington DC, representing Reebok International in a dual-track complex settlement with the FTC and plaintiffs in five separate class actions over allegations of false advertising. Media lawyers Tom Ara and Robert Sherman joined in Century City from Manatt, Phelps & Phillips, LLP.

With over 60 lawyers, Venable LLP has one of the largest US advertising practices with lawyers in Washington DC, New York and Los Angeles handling regulatory, transactional and litigation work. Practice head Jeffrey Knowles, who is ‘an incredibly strong force in the advertising space and has put together a top-notch team’, is recognized for his expertise in direct response advertising and advertising compliance, reviewing television and radio scripts, internet and direct mail advertisements. Gregory Sater, who joined the Los Angeles team from Rutter Hobbs & Davidoff (which closed down in February 2012), is advising Skechers on its national direct response television campaign. Melissa Landau Steinman represented Perdue Farms, in advertising-related licensing and sponsorship transactions, notably promotional and co-branding agreements with Disney in relation to Cars II. The group in Washington DC represents nearly every marketing industry association as well as coalitions lobbying for industry self-regulation of online marketing. Privacy expert Stuart Ingis is strong on internet and behavioral advertising. Contentious work includes IP disputes, Sherman Act claims and litigation involving the FTC and FDA. Knowles and litigation head Roger Colaizzi are assisting The Sugar Association with its opposition to the $100m campaign by the Corn Refiners Association to rebrand High Fructose Corn Syrup as “Corn Sugar”. High-profile cases included defending New York Law School against a putative class action alleging that it systematically misled students and prospective students about their employment prospects after graduation. The team expanded with lateral hires including Amy Mudge and Randal Shaheen from Arnold & Porter LLP in Washington DC and former FTC Northeast director Leonard Gordon in New York. David Joy rejoined the FDA. Key clients include Amazon, Bank of America, Clorox, Dannon, Sony Ericsson and new clients Genie Bras and Kellogg.

Kelley Drye & Warren LLP’s national advertising practice handles transactional work, NAD hearings, class action defense and false advertising litigation. It is particularly well regarded for its strength in FTC matters and proceedings before NAD and NARB. The group is commended as ‘a strong bench with in-depth industry knowledge’. In Washington DC, 12 partners and 12 associates are supported by special counsel August Horvath in New York. The group expanded following the April 2011 merger with Los Angeles litigation firm White O’Connor Fink & Brenner LLP. On the regulatory side, ‘arguably the best advertising lawyer in the US’, John Villafranco ‘consistently provides good advice and service’. Together with practice head Lewis Rose, Villafranco advised Chattem on the launch of allergy drug Allegra as an over-the-counter product, and successfully defended Chattem in a competitor challenge brought before the NAD. Rose and Alysa Hutnik are representing DISH Network in litigation concerning alleged violations of the FTC’s Telemarketing Sales Rule. Dana Rosenfeld, who clients recommend as ‘second to none’, advises Walgreens on strategic compliance matters. Katie Bond is ‘extremely impressive’. Christie Grymes Thompson focuses on consumer protection matters, including advertising, product safety, competitor challenges, promotions and privacy, and Gonzalo Mon and David Ervin ‘do an excellent job of balancing the legal risk and the business exigencies’ concerning new media campaigns. Key clients include Burger King, Dell, Electrolux, Expedia, Nestlé HealthCare Nutrition and The Sherwin-Williams Company.

Loeb & Loeb LLP’s advanced media and technology group combines litigation and regulatory strength with transactional prowess, providing all-round expertise on marketing and advertising/regulatory, consumer protection defense and unfair competition. The 19 partners in New York, Chicago, Los Angeles and Washington DC focus on technology and emerging media, regulatory matters, Lanham Act false advertising cases and related litigation and are commended for their ‘efficient and cost-effective’ work. Michael Mallow heads the consumer protection defense and unfair competition group of experienced litigators who defend government enforcement actions and investigations and private class action lawsuits.

New York co-head James Taylor advised Unilever US on its social media and online advertising programs and initiatives, and practice co-chair Kenneth Florin, who is commended for his ‘ability to give business-minded advice on questions which have no straightforward answer’ advises Canoe Ventures – a collaborative platform for the distribution of targeted advertising – on regulatory compliance, privacy safeguards, promotional strategies, IP exploitation and protection, and technology agreements. Taylor and Florin represented VivaKi and its affiliated agencies Digitas and Razorfish on media services agreements and digital campaigns, privacy and technology issues, working with publishers Google, Microsoft and Twitter, and on data provider agreements and online behavioral advertising. They also advised Comcast on social media and mobile marketing initiatives and Clear Channel on establishing iHeartRadio. On the contentious side, Mallow defended advertising and digital communications agency Campbell-Ewald Company in a putative class action concerning an advertising campaign for the United States Navy utilizing SMS text messaging. The team successfully defended Toyota Motor Sales USA in several class actions. In Chicago, Rob Andalman is recommended for regulatory and compliance matters, and Douglas Masters for online advertising and marketing litigation. Clients appreciate trademark litigator Tamara Carmichael’s ‘knowledge, responsiveness and insight’. Senior counsel Denise Smith-Mars and Michael Ridgeway Jones joined the group from Winston & Strawn LLP and Skadden, Arps, Slate, Meagher & Flom LLP respectively. Other clients include Facebook, Visa, L’Oréal and RIM.

Manatt, Phelps & Phillips, LLP’s ‘practical, business-oriented’ team includes New York-based advertising lawyers, a strong West Coast entertainment and media presence, and an advertising litigation and regulatory practice in Washington DC. Instructions cover traditional and new media, mobile marketing, branded entertainment, and interactive and social media. The group handles compliance, transactions and litigation arising from false advertising claims, with litigators undertaking both plaintiff and defense work. The practice, which is best known for representing major brands, also acts for advertising agencies. Clients recommend Jeffrey Edelstein in New York as ‘best in the business’. Together with practice head Linda Goldstein and Clayton Friedman in Orange County, Edelstein advises leading brands including The Martin Agency, Electrolux, AT&T and DIRECTV on social media, and mobile promotions, with Friedman handling consumer protection work. The group advised on sponsorship, event marketing, brand integration, celebrity endorsements, alternative advertising and user-generated content, social media policies, sweepstakes and competitions. Advertising clients include household names, notably Coca-Cola. In 2011, Goldstein drafted talent agreements for Katy B and Mark Ronson for the composition of music for Coca-Cola’s advertising campaign for the 2012 Summer Olympics. The proliferation of false advertising cases continued, and in 2011 the group handled some 25 NAD challenges. Goldstein in New York and Christopher Cole in Washington DC ‘have a reputation and a level of knowledge that is second to none’. In the past 12 months, the firm handled five NAD actions for Kimberly-Clark Corporation (KCC). Goldstein and Edelstein successfully represented Sun Products in an NAD challenge against Procter & Gamble. Other key clients include Affinion, AT&T, Diageo, DIRECTV, General Mills, Kimberly-Clark, MillerCoors and Ticketmaster. Anthony DiResta left to join Winston & Strawn LLP.

Clients commend Morrison & Foerster LLP’s ‘strong, responsive and knowledgeable’ 20-lawyer team. D Reed Freeman and Julie O’Neill in Washington DC are recognized for their expertise on national advertising and FTC matters, and counsel clients including Dotomi, Experian, 33 Across and Adchemy on online advertising regulation. The California group handles false advertising cases on Lanham Act issues and California Business & Professions Code §17200 and §17500 disputes. William Stern and his team handle cases brought by the Surgeon-General regarding health claims made in advertising. They are currently representing 19 producers of packaged fruit, fruit juice, and fruit and vegetable-based baby foods in six consolidated federal class actions. David McDowell successfully defended Cadbury Adams in the Court of Appeal against claims concerning the marketing of Trident White chewing gum. Other clients include Target Corporation, Netflix, Costco, Fujitsu America, Unilever, Monier and Expedia. Penelope Preovolos handles consumer class action cases and false advertising claims.

Sheppard, Mullin, Richter & Hampton LLP advises brand manufacturers, web operators and agencies on sports, entertainment and interactive marketing. Practice head Robert Darwell and partners Shaun Clark in Century City and Benjamin Mulcahy in New York are supported by the firm’s media and entertainment prowess. The practice advises motion picture studios and brand manufacturers on joint promotion campaigns across multiple platforms and handles sports-related advertising and promotions. Mulcahy and his team advised Paramount Motion Pictures on major promotional initiatives for motion pictures Footloose, GI Joe, Iron Man, Up in the Air and The Last Airbender, dealing with online sweepstakes promotions and integration and co-promotion agreements with LG, Audi Chrysler, McDonald’s, 7-Eleven, Heineken, major wireless carrier and wireless equipment manufacturers, airlines, hotel chains, and retailers. The firm also advised Summit Entertainment on promotional initiatives for The Twilight Saga movies, Source Code, The Hurt Locker and Letters to Juliet, including online sweepstakes promotions and major integration and co-promotion agreements 7-Eleven, Burger King and other major national brands. It also acted as counsel to Lions Gate Entertainment in major promotional initiatives for motion pictures The Hunger Games, Abduction, Conan the Barbarian, and the Tyler Perry franchise films, structure consumer rebate offers and mobile, online and retail promotional and marketing initiatives and COPPA compliance strategies for tween-focused titles including Barbie and Thomas the Train. Other work included advising Liz Claiborne on online, mobile and retail marketing and sales campaigns, vendor agreements and privacy initiatives. Clark represented Chrysler Group in negotiations with Activision on the integration of the Jeep Wrangler into Call of Duty: Black Ops, the related co-promotional media campaign, and the license to Chrysler to manufacture and sell special edition Jeep Wrangler vehicles. Other work focused on online and mobile content and data privacy. Craig Cardon successfully represented Williams-Sonoma Stores in an advertising/data privacy class action.

Winston & Strawn LLP’s lawyers are ‘responsive, tech-savvy and experienced in social media’, advising advertising agencies, promotional companies and major consumer product manufacturers on advertising substantiation, FTC review and counseling, sweepstakes and promotions, NAD and network concerns, talent and sponsorship contracts, privacy law issues, trademark and copyright review and litigation. Brian Heidelberger, chair of the advertising, marketing and entertainment practice, who is recommended as ‘responsive, knowledgeable and not afraid to discuss business issues’, advised MasterCard International in its worldwide sponsorship of Major League Baseball and clubs such as the Chicago Cubs and Los Angeles Dodgers. Other clients include Anheuser-Busch, LG Electronics, McDonald’s, Motorola and PepsiCo. Liisa Thomas, who is ‘fantastic in a crisis’ and ‘has a great breadth of knowledge without compromising the details’, is a recognized expert in behavioral advertising, social media marketing and data privacy. Ronald Rothstein handles major false advertising cases, and Stephen D’Amore is representing the Corn Refiners Association in the high-profile false advertising litigation involving high-fructose corn syrup. Mary Reed ‘has an established reputation in promotions and Screen Actors Guild matters’. Brian Fergemann advises clients including Michael Stores and Oreck Corporation on advertising matters, including regulatory compliance. Associate Jason Gordon is singled out for praise. The practice was strengthened by litigator Anthony DiResta joining from Manatt, Phelps & Phillips, LLP.

Covington & Burling LLP advises on the interface between marketing and privacy issues, FTC self-regulatory guidelines, and CAN-SPAM and rules around email and mobile marketing. Clients rate the group ‘excellent in the FTC and FDA areas’. Underpinned by the firm’s global strength in data protection and privacy and its transactional prowess in technology and telecoms, it is ‘strongly recommended’ for its work in the life sciences and pharmaceutical sectors. It frequently represents clients appearing before Congress, state attorneys general and regulatory agencies, and advises advertisers, internet service providers and software vendors on online behavioral advertising, text message and mobile advertising as well as reviewing advertising copy. John Graubert in Washington DC is representing POM Wonderful in ongoing FTC litigation concerning the marketing of pomegranate juice and juice extract, and Jeannie Perron successfully represented NBTY in NAD action challenging substantiation for its osteo bi-flex product claims. The firm’s international footprint supports its work for global corporates, notably advising Procter & Gamble on privacy issues, including cloud computing, online advertising, call interception and recording laws affecting its global call center operations. Erin Egan left the firm for an in-house role. A prestigious client list includes Microsoft, GlaxoSmithKline and King Pharmaceuticals.

Dentons’s practice is supported by lawyers’ in-house experience and the firm’s global footprint. Commended as ‘excellent on all counts’, it represents traditional media and entertainment entities and digital media companies. Practice head Natalie Spears in Chicago is representing video provider Redbox in a major class action alleging violation of the Video Privacy Protection Act (VPPA) regarding customer video rental information, and acted for Rug Doctor in advertising litigation and at the NAD. On the non-contentious side, Lisa Weiss in New York (‘highly recommended’) is assisting Blip.tv with licenses of video assets in ad revenue share deals, and acting for Al Jazeera English with its programming distribution agreement with RISE TV Networks, which enables the launch of Al Jazeera English as a 24/7 ad-supported programming channel carried on Time Warner Cable and other operators.

Leading IP firm Foley & Lardner LLP is ‘one of the best in its field’ advising advertisers on trademark and brand issues. Craig Fochler and his team in Chicago continues to represent Alberto-Culver in a global TRESemmé hair care false advertising claim brought by Procter & Gamble in South Africa, Spain and Mexico. Fohler successfully defended Treehouse Foods against a preliminary injunction attempting to stop a new product launch. In New York, practice head Jeffrey Greene advises Citigroup on trademark and related issues in over 100 countries worldwide. Jonathan Moskin represents QVC. Other clients include 7-Eleven, Calvin Klein, Colgate-Palmolive, Mattel, Motion Picture Association of America and Priceline.com.

At Kirkland & Ellis LLP, practice head Ross Weisman’s 15-strong marketing and advertising team in Chicago, Washington DC, New York and Los Angeles is part of the firm’s IP group and supported by its national footprint. Work includes investigating, prosecuting and defending advertising, marketing and unfair competition claims. The group has an impressive track record of handling high-profile, big-ticket and challenging cases, representing clients before the FTC, and handling litigation and NAD work for high-profile advertisers. In 2011, Weisman and his team represented DIRECTV against Comcast Corporation in relation to allegations concerning DIRECTV’s advertising for its NFL Sunday Ticket promotion. Other clients include Abbott Laboratories and Verizon Communications. Tom Monagan focuses on Lanham Act litigation. Chicago-based Paul Garcia left to join Kelley Drye & Warren LLP.