Mr David Mallen > Loeb & Loeb LLP > New York, United States > Lawyer Profile

Loeb & Loeb LLP
NEW YORK, NY 10154
United States
David Mallen photo

Work Department

Advanced Media and Technology


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


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.


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

Lawyer Rankings

United States > Media, technology and telecoms > Advertising and marketing: litigation

Loeb & Loeb LLP‘s competitor versus competitor-focused practice spans its New York and Chicago offices, which house co-chairs David Mallen and Thomas Jirgal respectively. Mallen, a former deputy director of the National Advertising Division, is particularly notable for his work in relation to green or environmental claims, product testing, consumer surveys, and social media or influencer issues, as well as receiving instructions in the field of FTC and state regulatory investigations. Jirgal, meanwhile, focuses more on technological claims involving testing and statistical analysis, along with consumer perception issues in relation to implied claims. More broadly, the team handles federal Lanham act litigation, NAD representation and related appeals, along with its work in advertising-related IP, class actions, and investigations.