Back to United States

Advertising and marketing: litigation in United States

Debevoise & Plimpton LLP

Debevoise & Plimpton LLP covers a full range of marketing and advertising litigation and has a strong track record in federal and state courts. The large and experienced team also appears in matters before the National Advertising Division (NAD), the Federal Trade Commission (FTC), and the Food and Drug Administration (FDA). In terms of sector strengths, the team is especially experienced in the life sciences sector, with an enviable client roster including AbbVie, GlaxoSmithKline, Merck and Novartis. Practice head David Bernstein is a respected name in the market for both false advertising and trademark law. Newly promoted partner Megan Bannigan is most most active in the consumer products, cosmetics and entertainment sectors.

Practice head(s):

David Bernstein

Other key lawyers:

Megan Bannigan

Key clients

Abbott Labs

AbbVie Inc.

American Express

Ancestry.com, Inc.

Body Armor

Costco

Foundation Medicine, Inc.

GlaxoSmithKline plc

Kind LLC

Industrias AlEn S.A.

L’Oreal USA

Marketing Architects

Merck KGaA

Novartis Pharmaceutical Corp.

Work highlights

  • Defended Zeltiq Aesthetics, Inc against federal and state false advertising claims asserted by competitor BTL Aesthetics, Inc.
  • Represented Kind in defending a challenge brought by Clif Bar & Co, which asserted the client’s TV commercial made false claims.
  • Represented BA Sports Nutrition in a dispute against Stokely-Van Camp, Inc. claiming its adverts made false claims.

Kirkland & Ellis LLP

Kirkland & Ellis LLP is highly skilled in consumer class actions and Lanham Act cases, with a particular niche in handling data and privacy matters. This experience in data privacy related matters is partly owed to the specialized technical backgrounds of certain team members, such as partner and trained engineer Gregg LoCascio. Ross Weisman is also active in the tech sector, particularly in false advertising claims involving telecoms and technology companies. Another key figure in the team is false advertising and IP litigation expert Robin McCue, who has been leading on several standout matters alongside Weisman. Active both in court and before key authorities such as the NAD, the National Advertising Review Board (NARB) and the FTC, the group acts for a client base including major brand owners such as Colgate, Verizon and Dyson. It also handles pre-emptive disputes work such as various regulatory compliance and data and privacy mandates.

Other key lawyers:

Gregg LoCascio; Ross Weisman; Robin McCue

Key clients

GoodRx

Colgate-Palmolive Co.

Dyson, Inc.

Sanderson Farms, Inc.

Syngenta Corporation

Verizon Communications Inc.

Charter Communications Inc.

iRobot Corporation

WeWork Companies Inc.

FGF Brands, Inc.

Kramer Levin Naftalis & Frankel LLP

The experienced team at Kramer Levin Naftalis & Frankel LLP has extensive experience in Lanham Act and consumer class action cases, with particular strengths in the pharmaceutical and consumer product sectors, where it acts for prominent clients such as Johnson & Johnson and Procter and Gamble. Counsel and seasoned litigator Harold Weinberger co-chairs the practice group, and stands out for his experience representing clients before the NAD and NARD. Joint practice head Norman Simon has a similar skillset, with additional expertise in privacy and data protection. Eileen Patt is a growing name in the market and an expert in disputes concerning food products and cosmetics. All named lawyers are based in New York.

Practice head(s):

Harold Weinberger; Norman Simon

Other key lawyers:

Eileen Patt

Key clients

Johnson & Johnson

ExxonMobil

McNeil Consumer Healthcare

Neutrogena Corporation

The Procter & Gamble Company

SPD Swiss Precision Diagnostics GmbH

The Gillette Company

Revlon, Inc.

Starbucks

Sirius XM

TrueCar Inc.

J.P. Morgan Chase

T-Mobile USA, Inc.

Work highlights

  • Represented Procter & Gamble and Company in successfully defending an appeal before the NARB concerning advertising by S.C. Johnson & Son, Inc. for its Windex with Vinegar cleaner.
  • Represented JPMorgan Chase Bank, N.A. in a successful NAD challenge against Capital One Financial Corporation over its advertising for its Spark Cash Card.
  • Representing TrueCar in a false advertising and trademark infringement case against Six Star, Inc.

Norton Rose Fulbright

Pharmaceuticals and healthcare are particular sector strengths for Norton Rose Fulbright, which maintains an enviable client roster including Alfasigma and Arbor Pharmaceuticals. Leveraging a strong presence across the US, the group is regularly involved in unfair competition, false advertising and IP infringement claims nationwide, though it has been especially active in cases brought under California's consumer laws of late. San Antonio-based Saul Perloff jointly leads the practice and is recommended for unfair competition litigation under the Lanham Act and various state laws. Los Angeles-based practice co-head Jeffrey Margulies is a name to note for advice on the regulatory aspects of marketing and advertising. In Minneapolis, IP specialist Felicia Boyd is recommended for trademark and trade dress infringement cases.

Practice head(s):

Saul Perloff; Jeff Margulies

Other key lawyers:

Felicia Boyd

Testimonials

‘The team provided strong strategic advice in the area of pharmaceutical marketing and advertising.’

‘Very attentive to client needs ’

Key clients

3M Company

Alfasigma USA, Inc.

Arbor Pharmaceuticals, LLC

Boltex Manufacturing Company

Data Analysis Inc.

Human Power of N Company

Milwaukee Electric Tool Company

Provepharm, Inc.

QuVa Pharma, Inc.

Ross Stores, Inc.

Standard Homeopathic Company and Hyland’s Inc.

Toyota Motor Corporation

Work highlights

  • Represented Boltex Manufacturing Company, L.P in a false advertising claim against a foreign competitor falsely advertising its products as ASTM compliant.
  • Advised Provepharm, on a false advertising suit against Akorn, which alleges the client draws false comparisons between their products in its advertising.
  • Represented Alfasigma USA in a false advertising suit against First Databank,  which falsely describes Alfasigma’s prescription Medical Foods as an over-the-counter product.

Patterson Belknap Webb & Tyler LLP

Patterson Belknap Webb & Tyler LLP has been the go-to firm for The Coca-Cola Company in a number of high-profile Lanham Act and consumer class actions, including a precedent-setting case on the use of the word “diet” on its its product and its impact on weight loss. Other key clients include leading brand owners such as The Hershey Company, Johnson & Johnson and L’Oreal USA. Practice head Steven Zalesin, who has taken the lead on many of the team’s recent highlights, is a highly experienced trial lawyer across the US, with additional expertise in international arbitration. Also recommended is Jane Metcalf, who focuses on false advertising and consumer class actions in the food and beverage, cosmetics and pharmaceutical sectors. All named lawyers are based in New York.

Practice head(s):

Steven Zalesin

Other key lawyers:

Jane Metcalf

Work highlights

  • Represented Appian Corporation in a false advertising matter brought by Pegasystems, Inc, which claims the client made misleading statements about its software.
  • Represented Clorox in a Lanham Act suit against competitor Reckitt Benckiser, which involved claims of false and misleading comparisons.
  • Advised Blue Buffalo in a lawsuit against two ingredient suppliers, whose rogue use of ingredients compromised  the client’s advertising.

Proskauer Rose LLP

Based in New York, Proskauer Rose LLP is well regarded for consumer disputes and class action cases, and also has a particularly strong reputation for false advertising claims. Brendan O’Rourke jointly leads the practice and and has wide-ranging expertise across unfair competition, false advertising and trademark law. Leading the team alongside O’Rourke is Lawrence Weinstein, an experienced litigator on Lanham Act cases and class actions, and Baldassare Vinti, a multi-disciplined expert with experience of advertising, trademark and trade secret law. Sector areas of interest for the team include food and beverage, consumer products, telecoms and healthcare. Jeffrey Warshafsky and Jennifer Yang are recommended associates in the practice group.

Practice head(s):

Lawrence Weinstein; Brendan O’Rourke; Baldassare Vinti

Other key lawyers:

Jeffrey Warshafsky; Jennifer Yang

Testimonials

‘The team worked well off of one another and complimented each others strengths and weaknesses. Areas they weren’t experts in they took the time to become experts in.’

‘Passionate about what they do and making sure of a fair process. Would be available on weekends and nights on timely matters and always made us feel like a priority. The team really humanized the whole process.’

Key clients

Church & Dwight Co., Inc.

Ralph Lauren Corporation

PVH Corp.

S.C. Johnson

InnovaCare Health, MMM Healthcare and Castellana Healthcare

Young Hollywood LLC

Live Nation

Work highlights

  • Defended Church & Dwight in a class action concerning misleading claims on its OxiClean™ laundry detergent labels.
  • Obtained the dismissal of all claims against client PVH in a putative class action alleging that PVH falsely advertised price discounts for apparel sold at its outlet stores.
  • Represented S.C Johnson in connection with its non-toxic claim on certain Windex and Method cleaning products challenged by Procter & Gamble.

Crowell & Moring LLP

Crowell & Moring LLP has recognized expertise in regulatory matters, regularly appearing before both state and federal regulators, most notably before the NAD. Of recent note, the team’s caseload has included FTC consumer protection investigations in the retail and telecoms sector. Based in Washington DC, David Ervin leads the team and advises on media and entertainment sponsorships and content clearance agreements, in addition to handling agency disputes. Holly Melton and Christopher Cole have strong reputations in litigation, but also provide clients with general regulatory counseling.

Practice head(s):

Christopher Cole; David Ervin; Holly Melton

Key clients

AT&T Services, Inc.

Kimberly-Clark Corporation

Marriott

Molson Coors

Newell-Rubbermaid

Panera

Pernod-Ricard

Pret a Manger (USA) Limited

Whirlpool

Walt Disney

Work highlights

  • Represented Pret a Manger in the defense of a lawsuit brought by several activist groups concerning the use of the word “natural” in food products.
  • Represented Walt Disney Parks and Resorts against a putative class of annual passholders in a breach of contract controversy that arose due to its Covid-19 closure.
  • Represented 1-800 Contacts in the FTC’s review of the Contact Lens Rule.

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP has core strength in litigation involving the Telephone Consumer Protection Act (TCPA), but is also experienced in large-scale class action cases and matters before the Federal Trade Commission. Christie Grymes-Thompson leads the practice group from Washington DC and has handled a huge variety of cases involving issues in the fast food, dietary supplement and consumer product industries. Also in Washington DC is John Villafranco, who also has experience of matters involving dietary supplement regulations. Another key figure in the team is Lauri Mazzuchetti in New Jersey, who has expertise in consumer class actions.

Practice head(s):

Christie Grymes-Thompson

Other key lawyers:

John Villafranco; Lauri Mazzuchetti

Testimonials

‘Extensive experience with all matters related to ad law.’

‘Comprehensive perspective on how ad law and strategies affect business operations including shareholder value.’

Key clients

Clorox

DISH Network LLC

Kohl’s Department Stores

LabCorp

Outfield Brew House LLC, d/b/a Budweiser Brew House

Quincy Bioscience

Riviana Foods

Sunrun

Terminix

Verizon

Work highlights

  • Represented a number of companies targeted in consumer class action lawsuits filed across the country concerning alleged violations of the Telephone Consumer Protection Act (TCPA).
  • Represented Quincy Bioscience in Prevagen-related regulatory, counseling and litigation matters.  
  • Assisted Kohl’s Department Stores with a Fair Credit Reporting Act case brought by the US Federal Trade Commission.

Loeb & Loeb LLP

Loeb & Loeb LLP represents a number of market-leading corporates in advertising disputes, and is especially active in defending companies before the NAD and the NARB. Practice co-chair David Mallen is uniquely experienced in this area, having previously served as a former deputy director of the NAD. Joint practice head Thomas Jirgal is recommended for matters in the TMT sector, and particularly in cases requiring an in depth knowledge of telecoms. Another contact in this space is Jason Stiehl, who has experience in consumer fraud cases involving the TCPA and the Electronic Funds Transfer Act. Brian Heidelberger oversees the advertising, marketing and promotions group and is an expert in false and misleading advertising claims. Also recommended is James Taylor, a contact for ad-tech and data privacy matters.

Practice head(s):

David Mallen; Thomas Jirgal

Other key lawyers:

Brian Heidelberger; Jason Stiehl; James Taylor

Morrison & Foerster LLP

Consumer class action litigation is a forté for the team at Morrison & Foerster LLP. The West Coast team is well versed in California regulations such as California’s False Advertising Law and the California Consumer Legal Remedies Act, and its proximity to Silicon Valley has attracted a number of major technology companies. Key names in California include San Francisco-based Claudia Vetesi and Tiffany Cheung, who co-chairs the firm’s global litigation department; and David McDowell, a former co-chair of the firm's global litigation department and managing partner of the Los Angeles office. Erin Bosman and David Fioccola jointly chair the practice from San Diego and New York, respectively.

Practice head(s):

Erin Bosman; David Fioccola

Other key lawyers:

Claudia Vetesi; Tiffany Cheung; David McDowell

Key clients

Unilever

Premier Nutrition Corp.

Recology San Francisco

Interstate National Dealer Services, Inc.

Costco Wholesale Corp.

Chobani

Target

Work highlights

  • Defeated class certification for Unilever in a long-running false advertising suit for its vegetable oil “I Can’t Believe It’s Not Butter!” spray.
  • Acting on behalf of Premier Nutrition Corp, secured a favorable decision from the Ninth Circuit in Sonner v. Premier Nutrition Corp., a false advertising class action in which plaintiff sought $32m on behalf of a class of California consumers.
  • Represented defendant Interstate National Dealer Services, Inc. in litigation involving TCPA claims for allegedly unsolicited calls and texts.

Venable LLP

Venable LLP is especially well known in the dietary supplement industry, with a strong track record in false advertising class actions and Lanham Act cases. The team is also highly skilled in the broader food and beverage sector. A key figure for this work is Washington DC-based practice lead Roger Colaizzi, who also has experience advising on state deceptive trade practices, direct-to-consumer marketing, social media advertising and celebrity and influencer endorsements. Jeffrey Knowles (also in Washington DC) is recommended for television marketing and e-commerce matters. Contacts on the West Coast include San Francisco-based Angel Garganta, who co-chairs of the class action defense group and focuses on food, beverage and supplement litigation; and Daniel Silverman in Los Angeles.

Practice head(s):

Roger Colaizzi

Other key lawyers:

Jeffrey Knowles; Angel Garganta; Daniel Silverman

Testimonials

‘The lawyers at Venable are incredibly professional, knowledgeable, and creative in their approach to litigation. As in-house counsel, I felt like I was a member of the team.’

‘Dan Blynn, Steve Freeland and Liz Rinehart form an incredibly strong legal team. Dan and Steve are great advocates, both in briefs and in oral advocacy. Liz is a true professional in research and writing.’

‘The Venable team has a deep understanding of advertising and marketing law placed in the context of business constraints. They work with you to find legal solutions for the business at a reasonable cost.’

‘Roger Colaizzi is simply the best.’

Key clients

Response Marketing Group

Interactive Advertising Bureau (IAB)

iStream Financial Services

NutraClick

Digital Advertising Alliance

Coalition for Better Ads

Data & Marketing Association (f.k.a. Direct Marketing Association)

Marriott

Pokémon

Altria

Officers of Yellowstone Capital

Fashion Nova

Work highlights

  • Defending against a putative class action alleging that Trader Joe’s, a national grocery store, misleadingly labeled various chicken products.
  • Obtained dismissal with prejudice of false advertising class action claims against AdvoCare, regarding health benefits on its supplements, which were alleged to be false.
  • Advised Urschel Laboratories on a false advertising claim brought by FAM NV.

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP's multi-disciplinary team has core strengths in consumer class actions, false advertising and antitrust matters, with an impressive client roster including Sanofi, Stabucks and Johnson & Johnson. The practice is jointly led by Randi Singer, who is recommended for Lanham Act false advertising disputes, and Carrie Mahan, who is a key name for antitrust-related work and is especially active in the hospitality space, acting for high-profile clients such as Hilton. Singer is based in New York, while Mahan is in Washington DC. On the West Coast, Silicon Valley-based David Singh is recommended for consumer class action and false advertising matters.

Practice head(s):

Randi Singer; Carrie Mahan

Other key lawyers:

David Singh

Key clients

Johnson & Johnson

Hilton Domestic Operating Company, Inc.

NBA All-Star Zion Williamson

Sanofi

Starbucks

AdColony

Core-Mark

CareDx

Work highlights

  • Defending Hilton against two antitrust class action lawsuits alleging that that the client entered into an illegal agreement with other hotels to eliminate competition for branded keyword search advertising.
  • Filed a Lanham Act action on behalf of CareDx alleging that competitor, Natera is engaging in a false advertising campaign.
  • Represented AdColony in a class action alleging that its app unlawfully collected personal information for advertising purposes.

Winston & Strawn LLP

Winston & Strawn LLP is highly skilled in cases involving food labeling and packing, and has developed a particular niche in disputes involving the word "natural" on food packaging. Practice head Ronald Rothstein is a key name in this space; he also has expertise in consumer class actions, more generally, and Lanham Act false advertising cases. Amanda Groves co-chairs the firm’s complex commercial litigation practice and is noted for her strong track record in false advertising claims and product liability litigation. Rothstein is based in Chicago and Groves is in Charlotte, North Carolina.

Practice head(s):

Ronald Rothstein; Amanda Groves

Key clients

Costco Wholesale Corporation

Hint, Inc.

Abbott Laboratories

Whitebridge Pet Brands LLC

The J.M. Smucker Company

North American Coffee Partnership

Diamond Foods; Pop Secret Popcorn

Raising Cane’s Restaurants

Panasonic Corporation

Dell, Inc.

T. Marzetti

Philip Morris USA

Big Heart Pet Brands

Ainsworth Pet Nutrition LLC dba Rachel Ray Nutrish

Work highlights

  • Defended a false advertising class action suit for Smucker in litigation involving the use of the word “natural” on a pet food label.
  • Defended Monsanto Company in a consumer class action alleging breach of unfair and deceptive trade practice in its weed and grass killer products.
  • Defended Smucker in a  class action alleging that Jif® peanut butter’s “natural” labeling is misleading because Jif may contain genetically modified beet-derived sugar.