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Davis & Gilbert LLP provides ‘extremely practical and specialized advice’ and is ‘a go-to first choice for clients’. The ‘top-rate’ team represents some of the largest agencies in the sector; a recent highlight included advising Concept One Communications on its representation of Gillette in negotiating product placement deals. Clients praise practice head Ronald Urbach, stating ‘there is simply no one who knows how to guide a client through today’s advertising landscape like him’; he recently advised Snapchat on issues regarding the integration of its content with advertisements. Allison Fitzpatrick has ‘a level of knowledge that is unparalleled’ and is recognized for her ‘significant experience in social media matters’, as well as her expertise in sweepstakes and promotions. In a recent highlight, Fitzpatrick represented Riyo before the Federal Trade Commission (FTC) in an application proposing new verifiable parental consent methods under the Children’s Online Privacy Protection Act (COPPA), which will use parents’ facial recognition to enable children to access online services covered by COPPA. Howard Weingrad, Joseph Lewczak, Richard Eisert, Ashima Dayal, who has ‘unrivalled industry knowledge’, and ‘great communicator’ Vejay Lalla are other key names. Aaron Taylor made partner in 2016. All attorneys mentioned are based in New York.

Frankfurt Kurnit Klein & Selz PC’s ‘exemplary’ practice ‘well and truly earns its five-star rating’ with ‘a team of outstanding industry leaders’. The New York-based group advises high-profile agencies and brands, including PepsiCo and Laspata Decaro; the team is acting for the latter in a lawsuit alleging that Rimowa and Meiré und Meiré infringed the client’s copyrights in a fashion advertising campaign. In other recent contentious highlights, the department is representing mattress start-up Casper in two separate false advertising lawsuits against internet-based product review companies and is acting for Capital One in a National Advertising Division (NAD) challenge brought by Chase Bank relating to two of Capital One’s commercials for its Quicksilver cashback rewards card. On the non-contentious side, the firm assisted Bic USA with the launch of its e-commerce platform and also regularly advises agencies and brands that advertise during the Super Bowl, handling the clearance of 16 of the advertisements that appeared in Super Bowl 50. Rick Kurnit and Terri Seligman jointly lead the department, which includes FTC specialist Jeffrey Greenbaum, the ‘absolutely stellarBrian Murphy, the ‘brilliant and articulateCandice Kersh, the ‘extremely knowledgeableChristopher Chase and transactional expert Gavin McElroy. Privacy specialist Tanya Forsheit joined the newly opened Los Angeles office in 2016 from Baker & Hostetler LLP.

Trusted Advisor - with Finnegan

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.

The ‘extremely responsive, top-notch’ team at Kramer Levin Naftalis & Frankel LLP fields ‘terrific advisers and excellent litigators’ and provides ‘fair and nuanced advice that fits the realities of business without going overboard’. The New York-based practice, which is ‘exceptional in litigation’, focuses on three key areas: Lanham Act work, consumer fraud class actions and representing clients before the NAD, with a particular strength in the consumer products and pharmaceutical sectors. Department co-heads Harold Weinberger, who is ‘very easy to work with’, and ‘amazingly gifted attorney’ Norman Simon, who is ‘respectful, persuasive, gracious, rational and reasonable’, worked together in successfully defending True Car in a Lanham Act case regarding the claim in its advertisement that it ‘removes surprises’ at its car dealerships. Weinberger and Simon are also representing Gillette as plaintiff in a Lanham Act case arising from claims on Edgewell Personal Care’s men’s razor packaging stating that it is ‘as good as or better’ than Gillette’s Mach3 product. In another highlight, Simon successfully acted for Johnson & Johnson Vision Care in an NAD challenge concerning Bausch & Lomb’s advertisement for its Ultra contact lens product. Neutrogena and Revlon are also clients. Associate Eileen Patt is ‘a rising star’.

Loeb & Loeb LLP’s ‘fabulous’ advertising and promotions team is led by the ‘extremely knowledgeable and thoroughJames Taylor, while the ‘exceptionalKenneth Florin chairs the digital and social media group; both are based in New York. The department, which ‘provides amazingly thoughtful support’, handles the full gamut of advertising issues, including advertising and promotions, digital and social media, privacy, disputes relating to the Lanham Act and those before the NAD, and class action litigation. Noteworthy team members include Nathan Hole, who specializes in emerging media, litigator Thomas Jirgal, the ‘practicalSeth Rose and transactional expert Amir Azaran - all based in Chicago - as well as privacy expert Melanie Howard in Los Angeles, the ‘terrificDavid Mallen in New York and Washington DC-based targeted advertising strategy specialist Brian Nixon., Facebook, Toyota, Visa and Charter Communications are clients.

Manatt, Phelps & Phillips, LLP’s team is ‘responsive, thorough and cognizant’. The practice substantially expanded its litigation and regulatory offerings in 2016 with the arrivals of New York-based regulatory specialist Richard Lawson, who joined from a position as director of the Florida Attorney General’s Consumer Protection Division, litigator Adrianne Marshack, who was previously at Greenberg Gross LLP and is based in Costa Mesa, and class action expert Richard Gottlieb, who splits his time between Los Angeles and Chicago and joined from Buckley Sandler LLP. Linda Goldstein in New York leads the department, which acts for several major international brands such as Hulu and Hasbro; Goldstein and the ‘extremely helpful’ Jesse Brody in Los Angeles advised the latter on the legal issues regarding advertising its products via digital media. Goldstein is also assisting Leesa Sleep with the compliance requirements and regulatory risks associated with its social engagement program. New York-based Jeffrey Edelstein is highly regarded in the field and is advising advertising agency BBDO on The Unseen, a television commercial, and the related It Can Wait advertising campaign aimed at discouraging texting and driving. Marc Roth in New York and Los Angeles-based Christine Reilly are recommended for Telephone Consumer Protection Act (TCPA) matters.

Patterson Belknap Webb & Tyler LLP is ‘one of the best litigation firms in the market’, with ‘an incredibly strong bench of exceptional attorneys’ that provides ‘thorough, timely and practical advice’. Practice head Steven Zalesin is ‘an outstanding litigator and strategist’ and successfully represented Coca-Cola in a high-profile case brought by Pom Wonderful relating to a flavored juice blend sold by the client’s Minute Maid brand; the issue in question was whether a product name and label authorized by the Food and Drug Administration can be challenged by a competitor as false and in violation of the Lanham Act. Zalesin also acted for Blue Buffalo in a Lanham Act lawsuit against Nestlé Purina relating to an advertising campaign run by Nestlé claiming Blue Buffalo had been dishonest about the ingredients in its pet food; he recently negotiated a settlement for the client. Other clients include The Hershey Company and Johnson & Johnson; Zalesin and the ‘incredibly smartTravis Tu are defending the latter in a false advertising dispute against Pfizer regarding the marketing of Advil for infants and children. Saul Shapiro and Michelle Cohen are recommended for media-related issues and Frederick Warder is a key name for Lanham Act matters. All attorneys mentioned are based in New York.

Venable LLP saw substantial growth in 2016, with privacy and data security specialist Charles Curran joining from his own consulting firm, San Francisco-based IP litigator Susan Hollander joining from K&L Gates and counsel Doreen Manchester, who specializes in regulatory issues, joining from Dickstein Shapiro. The group is praised for its strength in government investigations, advertising litigation and assisting advertising associations with policy and regulatory issues. Practice head Jeffrey Knowles is representing NutraClick in an FTC investigation resulting from the client’s alleged violations of the Federal Trade Commission Act and the Restore Online Shopper’s Confidence Act. Roger Colaizzi, who leads the contentious element of the practice, is acting for SharkNinja in a Lanham Act suit against Dyson. Amy Ralph Mudge is a key name in the regulatory practice; she recently advised Pokémon on all advertising and privacy compliance elements of the development and launch of Pokémon Go, and is assisting Dick’s Sporting Goods with compliance issues relating to its sponsorship of Team USA during the 2016 Olympic year. Other key names include regulatory specialist Randal Shaheen and Stuart Ingis. Eric Berman made partner in late 2016. Attorneys are based in Washington DC unless otherwise stated.

Chicago-based Brian Heidelberger leads Winston & Strawn LLP's department. Chicago-based Ronald Rothstein and Charlotte-based Amanda Groves are key attorneys in the advertising and marketing group. The group advises a range of advertising agencies and brands, including Taco Bell and American Airlines; Heidelberger recently acted for the latter in a sponsorship deal with Uber. In the contentious space, Groves is representing Beam Suntory in two false advertising claims relating to products labelled as ‘handmade’ and ‘never mass produced’, and Heidelberger is defending PepsiCo in a copyright infringement lawsuit surrounding its 2016 Super Bowl commercial. Los Angeles-based Erin Ranahan is defending WX Brands (formerly Winery Exchange) and Sonoma Wine Company in several putative class action lawsuits alleging that dangerous levels of arsenic have been found in the clients’ wine, and Rothstein is acting for The Winning Combination in a Proposition 65 case in which it is alleged that several of the client’s nutritional health products contained lead. In other highlights, the team is advising 180LA and Boost Mobile on the development of a new Facebook Live show, and handling a naming rights agreement with the Chicago White Sox’s stadium for Guaranteed Rate. Robert Newman focuses on IP mandates and Scott Glauberman leads the firm’s product liability group. Brian Fergemann left for an in-house position at McDonald’s. Since publication, former team head Liisa Thomas has moved to Sheppard, Mullin, Richter & Hampton LLP.

Debevoise & Plimpton LLP is recognized for its contentious expertise, which includes preliminary injunction experience. Jeremy Feigelson represented L’Oréal USA in a class action related to the accuracy of the claims made in the client’s advertisements for its anti-aging cream and David Bernstein is defending BA Sports Nutrition in an NAD challenge brought by the makers of Gatorade claiming that the client’s advertising campaign unfairly criticized its brand and falsely suggested that Gatorade is not a sports drink due to its artificial ingredients. Bernstein leads the group, which includes litigators Michael Schaper and Jyotin Hamid; Hamid is representing Merck in a cross-border trademark infringement and false advertising dispute against Merck & Co relating to an advertising campaign. Other clients include the NFL and GlaxoSmithKline. James Pastore and Jeremy Feigelson are also recommended. Washington DC-based cybersecurity expert Luke Dembosky joined from a position at the US Department of Justice. Attorneys mentioned, unless otherwise specified, are based in New York.

Kelley Drye & Warren LLP excels in the regulatory space and also has substantial experience representing clients in advertising litigation before the Federal Communications Commission, in consumer class actions and in challenges before the NAD, and is highly regarded for its TCPA expertise. In a recent highlight, Dana Rosenfeld represented Nestlé Nutrition in an FTC investigation into the client’s Good Start infant formula products and whether all claims that the product can reduce infant allergies are substantiated. Christie Grymes Thompson leads the Washington DC-based practice, which includes the highly regarded John Villafranco, who is acting for Riddell, Riddell Sports Group and BRG Sports in several putative class actions relating to the advertising of Revolution football helmets; he has also handled comparative pricing claims for Sprint and represented the client in several advertising challenges with T-Mobile. Other clients include Unilever and Craft Brew Alliance. Gonzalo Mon has substantial NAD experience and New York-based Michael Lynch is recommended for false advertising litigation.

Chicago-based Ross Weisman leads Kirkland & Ellis LLP’s advertising group, which is recognized for its contentious expertise. The team regularly advises clients before the NAD and the National Advertising Review Board (NARB), and has experience in FTC matters. In recent highlights, Washington DC-based Gregg LoCascio successfully defended Abbott in a putative class action relating to its Ensure Muscle Health Shake and Ensure Clinical Strength products, which plaintiffs claim are falsely advertised with phrases such as ‘the number one doctor recommended brand’ and ‘targeted specialized nutrition’; and Chicago-based Robert Ellis represented General Motors in a putative class action alleging false advertising relating to statements made on the fuel economy of its Lambda line of vehicles. LoCascio, Weisman and Robin McCue in Chicago defended Dyson in a lawsuit against SharkNinja alleging Dyson’s ‘Twice the Suction’ claims are false following the release of a new vacuum cleaner by the plaintiff. Jonathan Brightbill in Washington DC and Megan New and Jordan Heinz in Chicago are recommended for false advertising matters.

Morrison & Foerster LLP’s eight-partner advertising litigation group is strong on the West Coast, with Tiffany Cheung leading the firm’s consumer class actions practice from San Francisco. Cheung stands out for her TCPA expertise and has recently represented LexisNexis, Kmart, Sears Holdings and 24 Hour Fitness in TCPA litigation. Other highlights included David McDowell in Los Angeles representing FanDuel in several multi-district class actions relating to false advertising and misuse of confidential information, and acting for Gap in a lawsuit in which it is alleged that Banana Republic engaged in a bait-and-switch advertising scheme. Julie O’Neill, who made partner in 2017 and is based in Washington DC, is the key name for regulatory issues; she is representing a children’s educational software company in an FTC investigation and is advising a global logistics company on the use of consumer information in marketing. Other clients include Monster Energy, Del Monte and Twinings. Rebekah Kaufman retired.

The ‘impressive’ eight-partner team at Proskauer Rose LLP is ‘very smart and knowledgeable’ and ‘works diligently on any project it is given, no matter the complexity’. The practice is a ‘go-to’ for advertising litigation; it is highly experienced in false advertising matters and recently defended PVH in three cases alleging false discount price advertising at Calvin Klein, Tommy Hilfiger and Van Heusen stores. False advertising practice co-head Lawrence Weinstein, who is ‘thoughtful, diligent and hardworking’, led the matter and is also acting for Church & Dwight in a consumer false advertising class action regarding a local anesthetic product. Ascena Retail Group, T-Mobile, Diageo North America and the NFL are also clients. Other key team members include fellow co-head Brendan O’Rourke and Alexander Kaplan, who has experience advising clients before the federal courts and the NAD. All attorneys mentioned are based in New York.

Reed Smith LLP is ‘unparalleled in its advertising knowledge’, with ‘great response times, an amazing team and an exceptional attitude’. The New York-based department, which is ‘incredibly approachable’, regularly represents trade associations and advertising agency networks, but significantly, it no longer acts for agencies in holding companies. The group recently assisted the Joint Policy Committee on Broadcast Talent Union Relations with the renegotiation of the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) commercial contracts, valued at over $3bn; practice head Douglas Wood and the ‘truly brilliant’ Stacy Marcus, who are ‘SAG masters’, led the advice. Marcus is also assisting Deckers Brands with an overhaul of its marketing contracts. John Feldman in Washington DC is ‘a leader in the field of promotional marketing’ and assisted HelloWorld with promotional issues in Latin America, Asia and the UAE. Other clients include Reebok, L’Oréal and SFX Entertainment. ‘Advertising agency master’ Keri Bruce is recommended for trade association work, and counts the Association of National Advertisers among her clients. Joseph Rosenbaum moved to Rimon, P.C..

Covington & Burling LLP’s ‘amazing’ group provides ‘actionable advice that is always appropriate and delivered in a timely fashion’. John Graubert and Sarah Wilson jointly head the team from New York; Graubert represented Lumos Labs executives in FTC issues and consent negotiations relating to cognitive training claims surrounding the Lumosity online program; and Wilson is part of the team advising Procter & Gamble on an industry-wide CPSC investigation of single-load liquid laundry pods. Lindsey Tonsager in San Francisco is singled out for her ‘ability to quickly and astutely advise on any number of issues that arise domestically and internationally’; she has a focus on data privacy and is advising Facebook on privacy issues surrounding its digital advertising. Digital marketing is a key strength for the firm and the practice also regularly advises on FTC matters, TCPA litigation and consumer class actions; San Francisco-based of counsel David Jolley acts for various clients in a consumer class action regarding slack fill claims.

At Foley & Lardner LLP, Milwaukee-based Mark Diliberti leads the trademark, copyright and advertising department, which works closely with the firm’s intellectual property team to advise advertising and social media clients on trademark and copyright-related issues. Highlights included representing Herman Miller in trademark litigation against Office Star relating to chair designs and defending Kayak Software in copyright litigation regarding photographs of automobiles used on the client’s rental app. New York-based Jonathan Moskin led the matters and is also defending Games Workshop in a copyright infringement matter relating to a science fiction novel that is claimed to be similar to the plaintiff’s memoir. The firm is also advising Zwivel on privacy and internet-related issues surrounding its new healthcare and cosmetic surgery website. Other clients include 7-Eleven, Citigroup and Unilever. Andrew Baum retired and Jeffrey Greene moved to Fenwick & West LLP.

Jenner & Block LLP’s newly formed advertising practice sits in the firm’s content, media and entertainment group and has notable expertise in entertainment marketing deals, brand issues and sports marketing agreements. In a recent highlight, the firm advised Paramount Pictures on multiple co-promotional agreements with Enterprise Holdings, Bing, Vizio and Quicken Loans for Star Trek Beyond; other co-promotional highlights included assisting Paramount Pictures with agreements for Teenage Mutant Ninja Turtles: Out of the Shadows, XXX: The Return of Xander Cage and Transformers: The Last Knight, and advising Lionsgate on co-promotional agreements relating to The Hunger Games, Divergent and Now You See Me 2. It also handled key client FCA US’ advertising campaign, which ran during the American Music Awards and was a collaboration with three different music labels. Edelman and EuropaCorp are also clients. New York-based Andrew Bart is recommended for contentious matters. Since publication, Benjamin Mulcahy and Gina Reif Ilardi have moved to DLA Piper LLP (US).

Norton Rose Fulbright is recognized for its contentious strength, with practice head Saul Perloff (who also leads the firm’s IP group) and Jeffrey Margulies focusing on Lanham Act matters and consumer class actions respectively. Perloff specializes in advising life sciences and pharmaceutical clients; he is representing Nestlé Health Science in various Lanham Act lawsuits, including one against Method Pharmaceuticals relating to medical foods and prescription supplements. Perloff is also acting for Zylera Pharmaceuticals in a TCPA-related class action lawsuit alleging that it sent unsolicited advertisements via fax machine for the prescription drug Ulesfia. Margulies represented Medical Depot in a consumer class action alleging misrepresentation of the quality and usable life of slings manufactured by the client, which are used to transport disabled individuals.

Andrew Lustigman leads the practice at Olshan Frome Wolosky LLP, which specializes in sweepstakes, advertising clearances, regulatory investigations, direct marketing law, NAD matters and mobile marketing. Litigation is also key for the team and Lustigman and litigator Kyle Bisceglie are defending Havas Worldwide and its client TD Ameritrade in a lawsuit brought by Lions Gate Entertainment alleging TD Ameritrade violated the Lanham Act by using the phrase ‘Don’t Put Your Old 401(k) in the Corner’ in its advertising, a line similar to that used in Dirty Dancing. Lustigman is also advising Townsquare Media on various contests, promotions and social media issues, and Tamara Carmichael is assisting Missouri Star Quilt with its Golden Ticket sweepstakes contest. Scott Shaffer is noted for contentious issues. All attorneys mentioned are based in New York.

Sheppard, Mullin, Richter & Hampton LLP’s practice is co-led by Brian Anderson and Paul Garrity in San Francisco and New York respectively. Anderson recently advised Benefit Cosmetics on a global marketing campaign and assisted Kate Spade with all elements of its fashion promotional campaigns. Garrity, who is particularly prominent in contentious issues, represented MillerCoors in a false advertising consumer class action and represented Beastie Boys in a copyright infringement and false endorsement trial. Other clients include Fitbit and Pirelli. Other notable names include, in Century City, Craig Cardon, who is recommended for false advertising issues, and Brian Pass; and in New York, fashion expert Theodore Max. Benjamin Mulcahy and Gina Reif Ilardi joined Jenner & Block LLP. Since publication, Liisa Thomas has joined from Winston & Strawn LLP.

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