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Loeb & Loeb LLP

345 PARK AVENUE, NEW YORK, NY 10154, USA
Tel:
Work +1 212 407 4000
Fax:
Fax +1 212 407 4990
Web:
www.loeb.com
Beijing, Chicago, Hong Kong, Los Angeles, Nashville, New York and 1 more

David Mallen

Tel:
Work 212.407.4286
Email:
Loeb & Loeb LLP

Work Department

Advanced Media and Technology

Position

Co-Chair, Advertising Disputes; Co-Chair, Retail & Consumer Brands

Career

David Mallen is an advertising and media attorney who focuses his practice on helping marketers from a variety of industries with national advertising campaigns, analysis of claim substantiation issues, compliance with consumer protection law, and resolution of advertising disputes.

An experienced trial lawyer, David represents clients in all phases of litigation in state and federal court and in alternative dispute resolution. As former deputy director of the National Advertising Division of the Council of the Better Business Bureau, he has extensive experience working with advertisers to both defend and challenge claims before the NAD, the National Advertising Review Board and other self-regulatory bodies. David also represents clients in investigations before the Federal Trade Commission and state agencies.

David has particular experience providing legal guidance on the advertising of information technology, telecommunication services, food and beverages, consumer household products, OTC drugs, dietary supplements and financial services. Additionally, he counsels clients on advertising, regulatory and privacy issues in social media and mobile platforms, including influencer marketing. He also has deep knowledge of matters involving sophisticated product testing, consumer surveys, and “green” claims in advertising and marketing.

Known for his practical approach and deep knowledge of his clients’ competitive business landscapes, David works to help marketers and advertisers think several steps ahead to develop effective campaigns and avoid or overcome competitive or regulatory challenges.

Education

Albany Law School, J.D.
Cornell University, B.S.


United States: Media, technology and telecoms

Advertising and marketing: litigation

Within: Advertising and marketing: litigation

The advertising disputes practice at Loeb & Loeb LLP is jointly led by Thomas Jirgal and David Mallen, based in Chicago and New York respectively. Mallen has particular experience acting for clients before the NAD and in a recent highlight successfully defended GlaxoSmithKline (GSK) in a challenge initiated by Procter & Gamble relating to GSK's product claims in connection to its over-the-counter fiber laxative Citrucel. The team also represented Rodan + Fields in Lanham Act litigation against Procter & Gamble (P&G), in which the client sought a declaration that advertising claims challenged by P&G were truthful and not misleading, and is acting for A. O. Smith in a suit alleging that the claims made by Rheem that it is the '#1 brand of water heaters' are false and misleading. BuzzFeed, T-Mobile and Comcast Cable Communications are all clients.

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Advertising and marketing: transactional

Within: Advertising and marketing: transactional

Fielding an interdisciplinary team based across the firm's New York, Chicago, Los Angeles, Nashville and Washington DC offices, Loeb & Loeb LLP combines media, technology, data and regulatory expertise in marketing and advertising matters. The team's impressive client roster includes Toyota, Comcast Cable Communications and Visa. In a recent work highlight the practice assisted the latter with negotiations with the International Olympic Committee to extend its Olympic sponsorship for another 12 years. Noteworthy is also the firm's advice to Amazon on mobile marketing and text messaging promotional campaigns, including advising on the Telephone Consumer Protection Act (TCPA); the matter is led by Brian Nixon, intellectual property expert Melanie Howard (both in LA) and New York-based David Mallen. Chicago-based Seth Rose is advising T-Mobile USA on celebrity talent and endorsement deals and sponsorship arrangements. In addition to acting for prominent brands, the team also assists leading agencies, such as several Publicis Groupe agencies. Kenneth Florin and James Taylor in New York and Nathan Hole in Chicago jointly head the practice which was bolstered by the additions of Chicago-based partners Brian Heidelberger, Monique Bhargava and Robert Newman from Winston & Strawn LLP in May 2018.

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