Herbert Smith Freehills Kramer is at the forefront of advertising litigation in the US, representing large domestic advertisers, pharmaceutical companies, consumer product clients, retailers and software firms. The firm is instructed by global brands to handle false advertising cases under the Lanham Act. It has also been active in consumer class actions, National Advertising Division (NAD) and National Advertising Review Board (NARD) challenges. Norman Simon chairs the advertising litigation practice in New York and specializes in representing clients in Lanham Act cases and class action litigation such as consumer fraud statues. Eileen Patt is a leading civil litigator who mainly represents brands in false advertising disputes and challenges before the NAD. Commercial litigation specialist Boaz I. Cohen is also a key part of the advertising litigation team. The firm also supports its disputes practice with its advisory team which assists with providing clearance for advertising copy and advises on claim substantiation.
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Accolades

Client satisfaction

Key clients

  • ExxonMobil
  • Kenvue
  • The Procter & Gamble Company
  • Revlon
  • SPD Swiss Precision Diagnostics GmbH (Clearblue)
  • T-Mobile
  • TrueCar

Work highlights

Represented SPD Swiss Precision Diagnostics GmbH as the lead defendant in a putative consumer class action pending in the Eastern District of New York against nearly the home ovulation test kit market.
Represented The Procter & Gamble Company in a putative nationwide class action brought on behalf of all sewage and wastewater treatment operators against several manufacturers of flushable wipes.
Represented P&G in a putative class action in the Northern District of New York, related to greenwashing claims.

Lawyers

Hall of fame

The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.

Norman Simon

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Eileen Patt

Leading associates

Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.

Practice head

Norman Simon

Other key lawyers

Eileen Patt; Boaz I. Cohen