Firms To Watch: Advertising and marketing: litigation

Shearman & Sterling LLP’s advertising litigation offering has been bolstered with the recent joining of Saul Perloff, who was previously at Norton Rose Fulbright. The team advises on false advertising and unfair competition mandates, with particular expertise in the life sciences and consumer product sectors.
Katten‘s advertising, marketing and promotions group is chaired by Christopher Cole, who is based in Washington DC and was previously at Crowell & Moring LLP. The group has expertise representing clients in Lanham Act and consumer class action cases, defending claims brought by the FTC, and handling disputes before the NAD.

Advertising and marketing: litigation in United States

Debevoise & Plimpton LLP

Debevoise & Plimpton LLP has a pre-eminent advertising litigation offering that handles matters across the full spectrum of advertising campaigns, with notable expertise in defending ads before regulators, and litigating false advertising disputes before the FTC, FDA, and NAD. It also demonstrates strong capabilities in both prosecuting and defending against requests for preliminary injunctions. It is active across a wide array of sectors, including automotive, consumer products, cosmetics, financial services, luxury goods, pharmaceuticals, publishing and media, and sports. The team is headed by David Bernstein, who is based between New York and San Francisco, and has particular expertise handling intellectual property litigations. In New York, Megan Bannigan and counsel Jared Kagan are noted for their experience in trademark, false advertising, and copyright-related disputes. Washington DC-based Paul Rubin focuses on FTC and FDA law, and has particular expertise in the life sciences, technology, and consumer products sectors.

Practice head(s):

David Bernstein

Other key lawyers:

Megan Bannigan; Jared Kagan; Paul Rubin


‘The team takes a unique, hands-on approach. They are readily available whenever we need and are always clear on who is working with the client.’

‘They have a very deep bench; everyone has a strong skill set and great bedside manner.’

‘They’re not only smart and knowledgeable, but they know how to speak to the client like normal people.’

Key clients

Abbott Labs

American Express



Frontier Communications

Italic Inc.

Kind LLC

L’Oreal USA

Marketing Architects

Merck KGaA


Work highlights

  • Representing Frontier Communications Parent, Inc. before the National Advertising Division of the BBB National Programs in cross-claims against Charter Communications, Inc., with each party challenging the other’s advertising claims related to the speed and reliability of their competing internet services.
  • Representing Kind LLC in an NAD challenge against false and deceptive advertising claims made by Clif Bar & Co.
  • Representing Merck KGaA in trademark infringement, false advertising cybersquatting, and breach of contract litigation against Merck & Co., most recently winning a partial summary judgment dismissing MSD’s state law deceptive advertising and trade practices claim.

Kirkland & Ellis LLP

Kirkland & Ellis LLP has a strong track record in handling high-profile matters, covering prosecuting and defending against false and misleading advertising claims, as well as defending against agency actions. It is particularly adept at handling claims in front of the NAD and the National Advertising Review Board. Practice head Ross Weisman, based in Chicago, has broad advertising and promotions law expertise, with significant experience defending and challenging advertising claims in the federal court under the Lanham Act. Also in Chicago, Robin McCue focuses on intellectual property litigation, with particular expertise on trademark and false advertising matters, including in the context of requests for expedited relief. In Washington DC, key practitioners include Gregg LoCascio, who has substantial IP and false advertising disputes expertise, as well as Richard Cunningham and Olivia Adendorff, both of whom are noted for their experience in consumer protection and antitrust matters, with particular expertise handling FTC-related matters. Meanwhile, Los Angeles-based Robyn Bladow focuses on defending against consumer class actions and false advertising claims.

Practice head(s):

Ross Weisman

Other key lawyers:

Robin McCue; Gregg LoCascio; Richard Cunningham; Olivia Adendorff; Robyn Bladow; Rachael Rezabek


‘Kirkland & Ellis has a great team and are very client-centric focused.’

‘Richard Cunningham, Olivia Adendorff, and Rachael Rezabek are great to work with. They are all very experienced, have a client-centric approach and are very responsive.’

Key clients

ClassPass, LLC

Charter Communications

Colgate-Palmolive Co.

Credit Karma

Handi-Foil Corp.

Hello Products, LLC

iFit Health & Fitness

LendingClub Corporation

Opendoor Labs, Inc.

Sanderson Farms

Woodstream Corporation

Work highlights

Kramer Levin Naftalis & Frankel LLP

Kramer Levin Naftalis & Frankel LLP is well regarded for its advertising litigation practice, with the team advising a number of high-profile advertisers as well as mid-size retailers across a range of industries, though most notably in the pharmaceutical, consumer products, and software industries. Its expertise covers a full range of disputes, including false advertising disputes under the Lanham Act and consumer class actions, as well as challenges and appeals brought before the NAD and the National Advertising Review Board. Norman Simon chairs the group from New York, and has a considerable litigation practice that focuses on advertising law, with experience litigating both bench and jury trials. Also in New York, Eileen Patt is also noted for her experience representing global brands in false advertising disputes. In Washington DC, Gary Orseck and Brandon Arnold joined in April 2022 from Robbins, Russell, Englert, Orseck & Untereiner LLP.

Practice head(s):

Norman Simon

Other key lawyers:

Eileen Patt; Gary Orseck; Brandon Arnold


‘Norman Simon is a gifted attorney. He combines incredible communication with top notch legal work, much of which requires a mastery of the law, legal strategy and deep scientific understanding.’

Key clients

Belmora LLC


Johnson & Johnson

Meta Platforms, Inc.

The Procter & Gamble Company

Revlon, Inc.

Sirius XM

SPD Swiss Precision Diagnostics GmbH

T-Mobile USA, Inc.

TrueCar Inc.

Work highlights

  • Representing SPD Swiss Precision Diagnostics GmbH and The Procter & Gamble Manufacturing Company in Dave v. Abbott Labs, et. al., a putative consumer class action pending in the Northern District of California, which challenges certain advertising claims relating to the accuracy of home ovulation test kits.
  • Representing The Procter & Gamble Company in Commissioners of Public Works of the City of Charleston v. Costco Wholesale Corporation, et al., a putative nationwide class action pending in the District of South Carolina, brought on behalf of all sewage and wastewater treatment operators against several manufacturers of flushable wipes.
  • Representing WhatsApp LLC in an appeal of portions of a decision rendered by the NAD following a challenge by CTIA, a trade association representing the wireless communications industry.

Patterson Belknap Webb & Tyler LLP

Patterson Belknap Webb & Tyler LLP has a premier advertising litigation offering, acting for clients which include multi-national Fortune 100 companies across a wide span of industries, including food and beverages, cosmetics, pharmaceuticals, telecommunications, apparel, and consumer goods. The team is headed by Steven Zalesin from New York, who has extensive experience advising major consumer products companies on false advertising matters, as well as a broader intellectual property and commercial litigation practice. Jane Metcalf, who is also based in New York, specializes in class action defense, false advertising, intellectual property, and FDA-regulated product-related litigation.

Practice head(s):

Steven Zalesin

Other key lawyers:

Jane Metcalf; Joshua Kipnees


‘Patterson Belknap is more than just an outside law firm — they are fully there for you through thick and thin.’

‘Patterson Belknap makes you look good to business stakeholders, celebrates your victories, and creatively solves even the most dismal of legal predicaments.’

‘The partner availability is second-to-none. They are truly superheroes; they have mastered unparalleled rapport and individual attention to the client’s legal issues, when we all know how high in-demand their partners are as a top consumer class action defense firm in the US.’

‘The false advertising group continue to stand out amongst competitors as the best in this class.’

‘Joshua Kipnees stands out for his false advertising class action defense and counseling work. He is incredibly bright and well-rounded, and can help a client navigate any legal issue.’

‘Joshua Kipnees is the partner you want on retainer and the first call you make when hit with a challenging legal issue. He is extremely knowledgeable, and also understands macroeconomic factors to help build realistic budgets to manage business expectations.’

Key clients


Appian Corporation

The Coca-Cola Company

Johnson & Johnson

Johnson & Johnson Consumer Inc.

L’Oréal USA, Inc.


The Hershey Company


Crowell & Moring LLP

Crowell & Moring LLP has expertise in handling false advertising and misrepresentation mandates, while its recent merger with Brinks Gilson & Lione has also bolstered the team’s capabilities in the trademark space. David Ervin co-heads the practice from Washington DC, with his litigation practice focusing on advertising, consumer protection, and intellectual property-related matters across a range of sectors. Holly Melton co-heads the team from New York, and has particular expertise advising companies on ESG-related matters in their marketing and advertising claims, as well as experience handling enforcement matters initiated by the FTC and representing clients before the NAD. Denver-based Meshach Rhoades and Jason Stiehl in Chicago, who joined in May 2022 from Loeb & Loeb LLP, both bring substantial experience in the consumer product class action litigation space. Christopher Cole and Lauren Aronson have recently departed.

Practice head(s):

David Ervin; Holly Melton

Other key lawyers:

Meshach Rhoades; Jason Stiehl

Key clients

Cricket Wireless, Inc.

General Motors LLC


National Association of Broadcasters

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP has a broad advertising and marketing litigation offering, with expertise in handling NAD cases, consumer class action defense and Telephone Consumer Protection Act litigation. It also has strong capabilities in defending litigation brought by the FTC or state Attorneys General, due to a number of the team having previous experience acting as FTC officials. The team is co-headed by John Villafranco and Michael Lynch from Washington DC and New York, respectively. Villafranco has extensive experience representing clients in advertising substantiation proceedings conducted by the FTC, as well as representing challengers and advertisers before the NAD and NARB, while Lynch has expertise handling false advertising litigation matters and class action cases. In New Jersey, Lauri Mazzuchetti, a co-founder of the firm’s TCPA practice, is noted for her experience handing consumer-oriented class action defense cases.

Practice head(s):

John Villafranco; Michael Lynch

Other key lawyers:

Lauri Mazzuchetti


‘They have great mastery and insight into the inner workings of the FTC.’

‘The team have years of experience.’

‘Ability to provide clear, pragmatic and on point advice based on the lawyer’s understanding of the client’s needs, expectations and risk adversity level.’

Key clients

ActiveProspect, Inc.



ContextLogic, Inc.

Human Interest


Panera Bread

Quincy Bioscience

Unilever United States, Inc.

Willow Bark Brands, Inc.

Work highlights

  • Represented Cerner against claims asserted under the Illinois Biometric Information Privacy Act, which concerns the alleged use of fingerprint scanning technology.

Loeb & Loeb LLP

The advertising disputes practice at Loeb & Loeb LLP forms part of the firm’s wider advanced media and technology department, which covers matters ranging from the development, substantiation, approval, and defense of advertising and marketing content. It has particular expertise representing clients before the NAD, including on matters involving comparative, environmental, pricing and performance, and product packaging-related claims, among others. It also has experience initiating and defending challenges at other self-regulatory forums, as well as with consumer class action litigation and settlements. The team is co-chaired by David Mallen in New York, who was a former deputy director at the NAD and has significant experience in both defending and challenging claims before the NAD and other self-regulatory bodies, and Thomas Jirgal in Chicago, who has substantial experience representing clients from a variety of industries in state and federal court, as well as before the NAD.

Practice head(s):

David Mallen; Thomas Jirgal

Work highlights

Morrison Foerster

Morrison Foerster has a nationally focused advertising practice, focusing primarily on the technology, retail, and food and beverage sectors. It handles a range of lawsuits relating to deceptive or false advertising claims, with California’s False Advertising Law, the California Consumers Legal Remedies Act, and the Lanham Act being areas of particular expertise for the firm. Also of note is the firm’s capabilities in TCPA class action litigations. Erin Bosman, who is based between San Diego and San Fransisco, co-heads the team alongside David Fioccola, based in New York. In San Fransisco, Tiffany Cheung is noted for her expertise in class action litigations relating to marketing claims, while Claudia Vetesi specializes in advertising and litigation matters in the food and beverage industry, including those involving class action lawsuits. Meanwhile, Los Angeles-based Purvi Patel has significant experience handling CCPA-related litigation and compliance matters.

Practice head(s):

Erin Bosman; David Fioccola

Other key lawyers:

Tiffany Cheung; Claudia Vetesi; Purvi Patel

Key clients


Evolve Biosystems, Inc

Nature’s Path

Bumble Inc.




Premier Nutrition Corp.

Suja Green Juice

Work highlights

  • Successfully represented McKesson in a Telephone Consumer Protection Act fax case in the northern district of California.
  • Representing Nature’s Path in a class action lawsuit regarding alleged false advertising relating to protein claims on various plant-based food products.
  • Advising Evolve Biosystems and the Regents of the University of California in their litigation against Abbott Laboratories in the northern district of Illinois in a dispute relating to three patents on novel infant probiotic supplements and false advertising claims.

Proskauer Rose LLP

Proskauer Rose LLP’s false advertising and trademark group is well regarded for its advertising litigation capabilities, which covers investigating, prosecuting, and defending against advertising, marketing, and unfair competition matters. It acts for a broad range of clients, with strong expertise in both consumer class actions and competitor versus competitor lawsuits. New York-based Baldassare Vinti heads the group, as well as the wider intellectual property practice at the firm, and has significant experience acting for clients in advertising class actions and Lanham Act-related disputes, with expertise across the pharmaceutical, life sciences and healthcare, food and beverage, and consumer products industries. Other key contacts include senior counsel Jeffrey Warshafsky, who specializes in trademark and false advertising disputes, and Jennifer Yang, who was recently promoted to senior counsel and has experience handling both Lanham Act and consumer class action false advertising litigation, as well as advertising challenges before the NAD. New York-based Brendan O’Rourke is also noted for his experience in this space.

Practice head(s):

Baldassare Vinti

Other key lawyers:

Jeffrey Warshafsky; Jennifer Yang; Brendan O’Rourke


‘They have an in-depth knowledge of advertising law, including navigating the NAD process.’

‘Jeffrey Warshafsky and Jennifer Yang are always available to answer questions. They will give a quick opinion or do a deep research dive as the question dictates, and are good at listing to client needs.’

Key clients

Church & Dwight Co., Inc.

Welch Foods

S.C. Johnson & Son, Inc.

Bausch Health

PVH Corp.


Work highlights

  • Represented Church & Dwight Co., Inc., the successor to defendants Zicam LLC and Matrixx Initiatives, Inc. in a putative class action brought by plaintiff Venus Yamasaki, alleging that Zicam engaged in fraudulent, unfair, deceptive and misleading advertising relating to several of its cold remedy products.
  • Successfully represented Welch in a putative class action on allegations that Welch falsely stated that some of its juice products helped promote and support heart health, when in fact the juices were associated with increased risk of cardiovascular disease and type 2 diabetes.
  • Represented SoClean, Inc. in a Lanham Act false advertising case filed by 3B Medical, Inc., a competing manufacturer of CPAP cleaning devices, alleging that SoClean falsely advertises its CPAP cleaners as ‘safe’ and ‘healthy’.

Venable LLP

Venable LLP has a dedicated advertising offering that handles a full spectrum of litigation matters, including those involving online media and digital assets, as well as traditional advertising avenues, including labeling and claims. A key area of specialism for the firm includes the food, beverage, and supplements sector, though it also has particular expertise in the financial services and retail spaces. Washington DC-based Roger Colaizzi chairs the group and has substantial experience advising on cases relating to Lanham Act false advertising, unfair competition, and intellectual property matters, as well as experience representing clients before the FTC and NAD. Angel Garganta specializes in food and beverages advertising disputes, including those involving class action litigations, and is based in San Francisco. Daniel Silverman, based in Los Angeles, is well-regarded for his expertise in defending clients against false advertising consumer class actions, while Ari Rothman is noted for his experience in TCPA-related matters and is based in Washington DC.

Practice head(s):

Roger Colaizzi

Other key lawyers:

Angel Garganta; Daniel Silverman; Ari Rothman

Key clients

Playboy Enterprises International, Inc.

Sargento Foods, Inc.

Vitamin Shoppe Industries, Inc.

Hubbell Power Systems, Inc.

Therabody, Inc.

Noble Foods Inc d/b/a The Happy Egg Co.

Premier Nutrition Corporation


E.T. Browne Drug Company, Inc.

Tri Union Seafoods LLC

Work highlights

  • Represented Playboy in one of the country’s first cases involving NFTs, branding, and related intellectual property issues, in bringing an action on behalf of Playboy to stop the defendants’ fraudulent marketing use of Playboy’s world-famous branding and trademarks to deceive consumers into purchasing counterfeit NFTs.
  • Represented Sargento in two actions related to Sargento’s label statement that its cheese is made from milk that does not contain antibiotics.
  • Represented Vitamin Shoppe Industries, Inc. in Walters et al. v. Vitamin Shoppe Industries, Inc., a putative nationwide class action alleging that the labels of 44 different Vitamin Shoppe branded products were misleading.

Weil, Gotshal & Manges LLP

The advertising practice at Weil, Gotshal & Manges LLP has a strong track record in handling litigation at both federal and state court levels, primarily in those involving the Lanham Act and consumer false advertising claims, as well as in unfair competition-related disputes. It also has particular expertise in class action litigation defense. The group is led by Randi Singer, who is based between New York and Silicon Valley, and has significant experience advising on Lanham Act false advertising matters, as well as wider trademark and intellectual property disputes. Other key practitioners include Drew Tulumello and Arianna Scavetti, who are based in Washington DC, and David Singh based in Silicon Valley; all of whom are noted for their expertise in false advertising class action litigations. Carrie Mahan in DC departed in June 2023.

Practice head(s):

Randi Singer

Other key lawyers:

Drew Tulumello; Arianna Scavetti; David Singh

Key clients

Sanofi S.A.

PepsiCo, Inc.

Burger King

Meta Platforms, Inc.

CareDx, Inc.

Tropicana Products Inc.

The Quaker Oats Company

Core-Mark Holding Company

Tarkett Sports

Air Methods Corporation

Work highlights

  • Represented CareDx and secured a $45M Lanham Act false advertising jury verdict for them as plaintiff in a suit brought against a competitor, Natera, which introduced a copycat kidney transplant monitoring product.
  • Representing PepsiCo in an action brought by activist NGO Earth Island Institute, alleging that PepsiCo and nine other major consumers misled the public about the recyclability of their products and seeking to hold them liable for remediating marine plastic pollution on California oceans, beaches, and waterways.
  • Representing Burger King in two cutting-edge consumer class actions regarding the so-called ‘forever chemicals’ Burger King uses in food packaging.

Winston & Strawn LLP

Winston & Strawn LLP handles litigious advertising matters across a broad spectrum of sectors, though it is particularly well-regarded for its expertise in the food and beverage industry, with the team regularly acting in consumer class action cases relating to mislabeling, false advertising, and failure to properly disclose ingredients. Ronald Rothstein chairs the practice from Chicago, and has significant experience advising on false advertising, trademark, and domain name cases in federal courts across the US. In Los Angeles, Amanda Groves co-chairs the firm’s complex commercial litigation group and is noted for her expertise in labeling and advertising disputes, with particular expertise in the food and beverage space, while Gayle Jenkins chairs the class actions practice; Shawn Obi was recently promoted to partner and has experience handling consumer protection class actions in the financial services sector. Dan Blouin has particular experience defending false advertising class actions, while associate Sean Suber is also noted for his experience in advertising and commercial litigation, both of whom are based in Chicago.

Practice head(s):

Ron Rothstein; Amanda Groves; Gayle Jenkins

Other key lawyers:

Shawn Obi; Dan Blouin; Sean Suber

Key clients



Albertsons Companies

Associated British Foods

Central Garden & Pet

Heineken USA


The J.M. Smucker Company

The Kraft Heinz Company

Lancaster Colony Corporation

T. Marzetti Company


Sun-Maid Growers of California

Tropicale Foods

Work highlights

  • Represented The Kraft Heinz Company in three false advertising class actions alleging that Kraft misled consumers about its Bagel Bites Pizza Snacks by failing to include a disclosure on the label that the product is made with supposed imitation mozzarella cheese.
  • Representing Albertsons Companies, Inc., Safeway Inc., and Lucerne Foods, Inc. d/b/a O Organics, in connection with the defense of a private attorney general action alleging that two of its baby food products contain excessive levels of heavy metals, and that the product packaging is misleading.
  • Representing a national convenience store operator in a putative class action in which the plaintiff asserts various claims commonly referred to as ‘greenwashing’.