Firms To Watch: Advertising and marketing: litigation

In New York, Frankfurt Kurnit Klein & Selz PC‘s Terri Seligman is praised for her leadership of the advertising, marketing and public relations group, which is known for handling both in and out-of-court matters.

Advertising and marketing: litigation in United States

Debevoise & Plimpton LLP

Debevoise & Plimpton LLP has an in-depth advertising litigation practice which covers the full spectrum of advertising campaigns, including the defense of ads before regulators, the litigation of false advertising disputes before the FTC and the NAD, and the defense against requests for preliminary injunctions, which is a particularly strong area. The team is led by New York and San Francisco-based David Bernstein, who is described as ‘the most knowledgeable, experienced and responsive attorney in this area of law’ and whose opinions are reportedly ‘thorough, well-reasoned, practical, and trustworthy’. Life sciences is a key sector for the team, thanks, among others, to Paul Rubin‘s (Washington DC) knowledge of the industry. Jared Kagan, who sits in New York and is also an IP lawyer, is recommended.

Practice head(s):

David Bernstein

Other key lawyers:

Joe Hamid; Jared Kagan; Paul Rubin

Testimonials

‘The depth of knowledge and experience is what differentiates this team from other law firms. The Debevoise & Plimpton Advertising and Marketing: Litigation practice consists of extremely impressive, knowledgeable, and experienced attorneys that have seen the gamut of issues that can arise in this area of law.’

‘David Bernstein is the most knowledgeable, experienced and responsive attorney in this area of law. He really is one of the best, if not “the” best, attorney in advertising litigation and his opinions are thorough, well-reasoned, practical, and trustworthy.’

‘The team brings a level of intellect and sophistication that is unmatched by any other firm, all while being able to translate their knowledge into every day language for clients who do not have that same understanding. The team has a deep bench, where even the most junior associates are strong and capable.’

‘While the entire team is outstanding, David Bernstein, Joe Hamid and Jared Kagan stand out. Many lawyers are knowledgeable – these four are uniquely capable of working with us as the client to explain, interpret, and come up with solutions that fit our unique needs and always steer us in the right direction.’

Key clients

Abbott Labs

AbbVie Inc.

Agilent Technologies, Inc.

American Express

Ancestry.com, Inc.

BodyArmor

CooperVision

Costco

Foundation Medicine, Inc.

GlaxoSmithKline plc

Kind LLC

Industrias AlEn S.A.

L’Oreal USA

Marketing Architects

Merck KGaA

Work highlights

  • Representing BA Sports Nutrition in advertising law challenges against Stokely-Van Camp, Inc. before the National Advertising Division.
  • Representing Kind LLC against advertising claims made by Clif Bar & Co.
  • Represented Allergan plc, Allergan, Inc. and Zeltiq Aesthetics, Inc. in false advertising litigation in the District of Delaware against BTL Industries, Inc.

Kirkland & Ellis LLP

Kirkland & Ellis LLP is historically known for its involvement in high-profile advertising cases, in which the team showcases strong litigation skills at any level of justice and in multiple contexts, including the NAD and the National Advertising Review Board. In Chicago, practice head Ross Weisman has IP expertise and longstanding experience in advertising and promotions law, especially defending and challenging advertising claims in federal court under the Lanham Act. Also in Chicago, Robin McCue often co-leads on matters with Weisman and specializes in false advertising litigation. In Washington DC, Gregg LoCascio is particularly recognized for his technical capabilities. As a former staff attorney of the FTC, DC-based Richard Cunningham  is also a name to note in this area.

Practice head(s):

Ross Weisman

Other key lawyers:

Robin McCue; Gregg LoCascio; Richard Cunningham

Testimonials

‘The K&E advertising legal team is exceptional. They are particularly strong at evaluating and advocating advertising claims. While other firms are capable in this specialty, K&E consistently “gets it” quicker than other outside lawyers when it comes to complex support necessary for consumer advertising claims.’

‘Ross Weisman stands out among his peers. He’s quick to understand complex ad claims and their support. He’s ultra responsive and easy to work with. Unlike many in the specialty, he embraces the role of advocate and brings significant litigation chops. Ray Woodring (of counsel) is a strong writer and shares Ross’ gift of being able to understand and convey complex issues.’

‘Their experience and knowledge of FTC practices is invaluable in navigating an FTC investigation.’

‘Rich Cunningham, Raymond Woodring and Ross Weisman were a great team to tackle all the intricacies of an FTC investigation.’

Key clients

Charter Communications, Inc.

LendingClub Corporation

Alcon Laboratories

Dyson, Inc.

Tenneco

Sanderson Farms

AT&T Services, Inc.

Kramer Levin Naftalis & Frankel LLP

Kramer Levin Naftalis & Frankel LLP represents a number of high-profile clients in advertising disputes, ranging from medium-sized retailers to large advertisers, with a special focus in the areas of pharma, software and consumer products. The broad practice is particularly known for handling Lanham Act disputes and consumer class action cases, as well as NAD and NARB challenges. Trial lawyer Norman Simon chairs the New York-based department and litigates both bench and jury trials. Eileen Patt is a key contact and an expert of false advertising disputes. Harold Weinberger is also widely recognized for his longstanding in-court experience litigating false advertising disputes under the federal Lanham Act.

Practice head(s):

Norman Simon

Other key lawyers:

Eileen Pratt; Harold Weinberger

Key clients

The Procter & Gamble Company

Johnson & Johnson

T-Mobile USA, Inc.

ExxonMobil

TrueCar Inc.

J.P. Morgan Chase

SPD Swiss Precision Diagnostics GmbH (Clearblue)

Neutrogena Corporation

Revlon, Inc.

Sirius XM

Work highlights

  • Represented The Procter & Gamble Company in an appeal before NARB and secured affirmance of NAD decision recommending that Colgate discontinue certain advertising for its Optic White toothpaste.
  • Represented The Procter & Gamble Company in a putative class action challenging the labeling of P&G’s laundry detergent products as “plant based” and seeking damages on behalf of a class of New York consumers.
  • Represented TrueCar in a false advertising and trademark infringement dispute pending in the Middle District of Florida.

Patterson Belknap Webb & Tyler LLP

Patterson Belknap Webb & Tyler LLP has a strong record in high-profile matters, notably representing Coca-Cola in preeminent advertising disputes. For this client, the team recently won a multidistrict appellate case regarding Coke’s labeling; the case was handled, among others, by New York-based practice head Steven Zalesin, who also counts Johnson & Johnson, Change.org and The Hershey Company among his main clients. Also in New York, Jane Metcalf focuses on false advertising, intellectual property, class-action defense, and litigation involving FDA-regulated products.

Practice head(s):

Steven Zalesin

Other key lawyers:

Jane Metcalf

Testimonials

‘Steve Zalesin does amazing work on false advertisement claims. He has a lot of experience, and you can see it reflected in his legal writing and oral arguments. He also has sharp insight into the best litigation strategies and suggests novel but brilliant case strategies.’

 

Key clients

Allbirds

Appian Corporation

Change.org

The Clorox Company

The Coca-Cola Company

The Hershey Company

Johnson & Johnson

Leviton Manufacturing Co.

L’Oreal USA, Inc.

Siemens Healthcare Diagnostics, Inc. and Siemens Medical Solutions USA, Inc.

Proskauer Rose LLP

Proskauer Rose LLP‘s IP team in New York, jointly co-led by Brendan O’Rourke and Baldassare Vinti, is notably active in false advertising matters, encompassing defending false advertising claims, investigations, and launching actions. The team is highly skilled in class action litigation as well as competitor versus competitor lawsuits, having longstanding experience in the luxury, medical care and sport sectors, among others. Vinti specialises in advertising class actions and Lanham Act matters, while senior counsel Jeffrey Warshafsky received praise for being ‘knowledgeable and very down to earth.’ Senior associate Jennifer Yang is ‘consistently up on the latest developments in ad law.’ Lawrence Weinstein left the firm in January 2022.

Other key lawyers:

Jeffrey Warshafsky; Jennifer Yang

Testimonials

‘Proskauer’s New York team is very well-versed in advertising law and are regularly monitoring relevant cases and providing key information back to our company about decisions that could impact clients.’

‘Jeff Warshafsky is knowledgeable and very down to earth. Jen Yang is consistently up on the latest developments in ad law.’

Key clients

Church & Dwight Co., Inc.

Welch Foods

S.C. Johnson & Son, Inc.

Bausch Health

PVH Corp.

InnovaCare Health, MMM Healthcare and Castellana Healthcare

Crowell & Moring LLP

Crowell & Moring LLP stands out for its regulatory knowledge and experience with NAD cases, combined with expertise in transactions, litigation and government policies. The Washington DC-based team has defended a significant number of class actions, including the defense of Molson Coors in connection to a dispute regarding the labeling of a new product; the case was led by Christopher Cole, who shares the leadership of the department with David Ervin and Holly Melton, who is based in New York. Ervin focuses on representing clients in their agency, content and media relationships; Melton is an expert of false advertising litigation matters and consumer class actions. Lauren Aronson, who specializes in claim substantiation and FTC regulation compliance, is noted.

Practice head(s):

Christopher Cole; David Ervin; Holly Melton

Other key lawyers:

Lauren Aronson

Key clients

AT&T Services, Inc.

Coca-Cola

Kimberly-Clark Corporation

Marriott

Molson Coors

Newell Brands

Pret a Manger (USA) Limited

Walt Disney

Whirlpool

Work highlights

  • Represented Marriott International in a five-day trial with TravelPass Group.
  • Represented a national broadcasting association and its broadcasters in proceedings to recovery copyright royalties paid by cable operators.
  • Represented Molson Coors in companion class action cases asserting that Molson Coors unlawfully and misleadingly advertised VIZZY hard seltzer to contain antioxidant Vitamin C from acerola cherry juice.

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP focuses on advertising law with a dedicated department which is co-led by John Villafranco in Washington DC and Lauri Mazzuchetti in New Jersey. The team is mostly known for defending disputes brought by the FTC or state Attorneys General, acting both for challengers and advertisers before the NAD and in consumer class action defense. In addition, the firm particularly stands out in telemarketing-related litigation. Villafranco is highlighted for his experience in defending consumer class actions in state and federal court and Lanham Act litigation especially involving telecoms. Mazzuchetti is also co-founder of the firm’s Telephone Consumer Protection Act practice.

Practice head(s):

John Villafranco; Lauri Mazzuchetti

Testimonials

‘The best insight and most experience in areas of advertising law. Understanding of the ‘behind the curtain’ nature of regulators, industry standards and practicality of advertisements.’

‘Excellent communications and strategizing about matters. Good teamwork between specialties in the same firm.’

Key clients

Quincy Bioscience

Unilever

Coty

Kohl’s

AmeriFactors Financial Group, LLC

Newrez LLC

ContextLogic, Inc.

Frontier

Altronix

Williams Sonoma

Work highlights

  • Assisting a number of companies targeted in consumer class action lawsuits filed across the country concerning alleged violations of the TCPA.
  • Represented Quincy in Prevagen-related regulatory, counseling and litigation matters, including before the NAD and in the Federal Trade Commission investigation that led to litigation brought by the FTC and the New York Attorney General’s Office, and seven related class-actions pending across the country.
  • Assisting Unilever with regulatory and transactional matters and successfully defended Unilever against competitor challenges and government investigations.

Loeb & Loeb LLP

Loeb & Loeb LLP has an all-round approach to advertising and marketing, offering assistance during the development, approval and defense of advertising and marketing content, with an emphasis on regulatory matters. David Mallen in New York and Thomas Jirgal in Chicago are the key names in the department; both act as co-chairs and worked as deputy directors at the National Advertising Division and have therefore significant expertise in claims before the NAD, including comparative, environmental, pricing and performance claims, among others. Chicago's Brian Heidelberger heads the advertising, marketing and promotions group and is known for his activity representing brands and agencies in the marketing of their products and services.

Practice head(s):

David Mallen; Thomas Jirgal

Other key lawyers:

Brian Heidelberger

Testimonials

‘A no attitude team of lawyers and paralegals that provide quality business actionable advice. They take the time and make the effort to learn their client’s business. Super responsive and dependable. Good people to work with. In terms of billing, Loeb keeps its lean.’

‘David Mallen and Tom Jirgal have an active NAD practice and are considered leading practitioners in this space.’

Morrison & Foerster LLP

Morrison Foerster‘s advertising practice aims at clients from the technology, retail and food and beverages sectors throughout the United States. The team has a strong track record in regulatory and compliance matters as well as litigation. Deceptive or false advertising claims, in particular under California’s False Advertising Law, the California Consumers Legal Remedies Act and the Lanham Act, feature prominently in the California-based team’s caseload. Based in San Diego and San Francisco are co-chair Erin Bosman and global litigation co-chair Tiffany Cheung. Claudia Vetesi in San Francisco concentrates on consumer class action defense and false advertising. David McDowell, who manages the Los Angeles office, has a focus on unfair business practice issues, false advertising, and consumer class action litigation. David Fioccola from New York co-chairs the practice together with Bosman.

Practice head(s):

Erin Bosman; David Fioccola

Key clients

McKesson

Unilever

Unilever

Premier Nutrition Corp.

Nature’s Path

Suja Green Juice

Work highlights

  • Represented McKesson in a decertification in connection to a TCPA Fax Case.
  • Represented Unilever in a summary judgment in a long-running false advertising suit for its vegetable oil spray.
  • Representing Suja in a class action lawsuit, accusing the defendants Suja Life and Whole Foodsof knowingly and actively concealed the material fact that the Suja Juices contain the chemical element lead at levels above the safety threshold set by the State of California in Proposition 65.

Venable LLP

Venable LLP has a strong advertising litigation practice especially active in the food and dietary supplements sectors, while retail, pharma and digital marketing are equally strong areas. The team encompasses attorneys with cross-departmental expertise, especially in IP and privacy, which contributes toward a broader advertising practice. Regulation, false advertising class actions and Lanham Act cases as well as FTA and FDA disputes and investigations are among the firm's key specialisms. Based in Washington DC, practice head Roger A Colaizzi, ‘combines extraordinary litigation skills, knowledge of the advertising and marketing skills, and a personal commitment to exceptional service.’ In San Francisco, Angel Garganta co-leads the class action defense group; Los Angeles-based Daniel Silverman also stands out for his track record litigating commercial and IP matters and consumer class actions.

Practice head(s):

Roger Colaizzi

Other key lawyers:

Angel Garganta; Daniel Silverman

Testimonials

‘Roger Colaizzi combines extraordinary litigation skills, knowledge of the advertising and marketing skills, and a personal commitment to exceptional service. If you have legal problems in the realm of advertising and marketing, you should hire Roger.’

‘Roger actually listens to his clients and tailors his services to meet their needs.’

Key clients

Trader Joe’s

Premier Nutrition Corporation

Vitamin Shoppe Industries, Inc.

Sargento Foods, Inc.

Tri Union Seafoods LLC

Fashion Nova

Response Marketing Group

iStream Financial

Work highlights

  • Defended Trader Joe’s in a putative class action alleging misleading labeling of chicken products.
  • Representing Premier Nutrition in ten class actions that allege that the Joint Juice products were falsely advertised.
  • Representing Sargento, one of the largest privately held companies in the United States, and one of the country’s largest retail cheese companies in two actions which allege false advertising claims.

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP is best known for handling federal and state court Lanham Act false advertising claims and related marketing and unfair competition disputes. The broad practice includes experts in IP, media, competition and commercial litigation, and it stretches from Washington DC, where co-head Carrie Mahan sits, to New York and California, where her counterpart Randi Singer is based, focusing on copyright, Lanham Act false advertising and trademark litigation, among other areas. Also in California, David Singh is recognized for handling false advertising class actions. Hilton is among the team’s main clients and is assisted in collaboration with the firm’s antitrust department. In DC, associate Arianna Scavetti is up-and-coming.

Practice head(s):

Randi Singer; Carrie Mahan

Other key lawyers:

David Singh; Arianna Scavetti; Olivia Greer

Testimonials

‘Incredibly smart, driven and very responsive support stemming from a true understanding of not just legal issues but also business context. Randi Singer exemplifies this.’

I was impressed by the strategic and substantive abilities of Randi Singer and her counsel Olivia Greer, who represented a co-defendant in two recent recent IP/antitrust matters. They were bright, efficient, and able to see all the way down the field.

Key clients

Sanofi S.A.

Hilton

PepsiCo, Inc.

Tropicana Products Inc.

Frito-Lay North America Inc.

The Quaker Oats Company

Welch Foods Inc.

AdColony

Core-Mark Holding Company

CareDx, Inc.

Work highlights

  • Representing a leading global coffee and retail company in a high-profile false advertising class action in New York federal court.
  • Represented AdColony in a putative class action claiming defendants collected personally identifiable information from children and used it to provide targeted behavioral advertising without parental consent.
  • Represented Hilton in two nation- and industry-wide antitrust class action lawsuits alleging that that Hilton and defendant hotels entered into an illegal agreement to eliminate competition for branded keyword search advertising.