Firms To Watch: Advertising and marketing: litigation

A&O Shearman‘s advertising litigation practice has a full-service offering, with experience representing clients in unfair competition suits, consumer class actions, and Lanham Act false advertising claims. The group, led by Saul Perloff, has particular expertise in consumer products and life sciences sectors.

Advertising and marketing: litigation in United States

Debevoise & Plimpton LLP

Debevoise & Plimpton LLP is a recognized authority in advertising and marketing litigation matters, offering comprehensive services to major clients. The practice has particular expertise in defending advertisements before regulators and handling false advertising disputes before the FTC, FDA, and the NAD. Additionally, it is accomplished in prosecuting and defending against requests for preliminary injunctions. Headed by David Bernstein who is based between New York and San Francisco, the team represents an impressive client base from a wide range of industries including consumer goods, cosmetics, and financial institutions. Bernstein has extensive experience in IP claims and trademark cases. He is an extremely active presence in the firm, often leading in high-profile matters. New York-based Megan Bannigan and Jared Kagan also play key roles in the group, providing deep knowledge of trademark, copyright, false advertising, and contract disputes cases. Bannigan has notably testified as an expert before the United States Senate Judiciary Intellectual Property Subcommittee on the issue of fraudulent trademarks. In Washington DC, Paul Rubin has substantial experience aiding clients through FTC investigations, NAD disputes, and Lanham Act cases.

Praxisleiter:

David H. Bernstein


Weitere Kernanwälte:

Megan Bannigan; Jared Kagan; Paul Rubin


Kernmandanten

Abbott Labs


Agilon Health


American Express


BodyArmor


CooperVision


Kind


Italic Inc.


L’Oreal


Marketing Architects


Merck KGaA


Pernod Ricard


StockX


Frontier Communications


Highlight-Mandate


  • Represented 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 Merck KGaA in litigation against its former subsidiary, Merck & Co., in a wide-ranging advertising and trademark dispute that is one of more than a dozen disputes between the companies worldwide.
  • Represented Pernod Ricard in a NAD challenge against Bacardi’s advertising and labeling for its ersatz Havana Club rum, which, despite its misleading name and labeling, is made in Puerto Rico.

Kirkland & Ellis LLP

Kirkland & Ellis LLP offers a robust advertising and marketing litigation offering, covering investigation defense, representation in false and misleading advertising claims, and defending competitive advertising matters. The practice is particularly adept at handling IP disputes and its expertise makes it a go-to firm for high-profile clients across sectors. Chicago-based Ross Weisman has expertise in all aspects of advertising and promotion law but is particularly regarded for his vast experience defending and challenging Lanham Act cases in federal court, as well as representing clients before the NAD and NARB. Also based in Chicago is Robin McCue who focuses on IP litigation, and more specifically, trademark and false advertising litigation. She has substantial courtroom experience bringing and defending matters before the NAD. Other key members of the team include Gregg LoCascio and Richard Cunningham, both of whom are based in Washington DC – LoCascio is recognized for his IP work, in which he is regularly involved in trial cases and preliminary injunctions, while Cunningham concentrates on antitrust and consumer protection law, often securing clearance for deals from the FTC and DOJ. Robyn Bladow, based in Los Angeles, is noted for defending class actions and false advertising claims. In between Dallas and Washington DC, Olivia Adendorff is an active member of the group and has amassed experience in FTC investigations, private antitrust litigation, and class actions. Allison Buchner, based in Los Angeles, brings to the team trademark and copyright expertise, and has represented clients before federal and state courts nationwide. She is noted for aiding clients ‘through complex issues with professionalism and care.’

Referenzen

‘Their advice was exceptional in terms of quality and timeliness.’

‘The team was highly proficient and efficient.’

‘They walked us through each step of the process with care, and made sure we were up-to-date with any developments.’

Kernmandanten

Allergan


Charter Communications


Chosen Foods


ClassPass


Colgate-Palmolive


Dyson


Eli Lilly & Company


GoodRx


Handi-Foil


Hello Products


IC Holdings


JUUL Labs


Pete and Gerry’s Organics


S.C. Johnson & Son


Woodstream


Young Living Essential Oils


ZenBusiness


Kramer Levin Naftalis & Frankel LLP

Kramer Levin Naftalis & Frankel LLP specializes in Lanham Act disputes, handling NAD and NARB cases, and continues to represent high-profile clients in nationwide class actions, most notably representing The Proctor & Gamble Company on a case brought against it by the Charleston Water System regarding the marketing of flushable wipes. In addition, the New York-based practice offers comprehensive advisory services including preventative advice, providing clearance for advertising copy, and advising in connection with compliance according to state, federal, and industry regulations. Department chair Norman C. Simon has extensive experience as a trial lawyer and represents clients before the NARB and the NAD. He is particularly recognized for his involvement acting as a lead representative for distinguished pharmaceutical companies. Eileen M. Patt has deep expertise representing brands in false advertising disputes, and also offers advisory services to clients. Practice associates Irene Weintraub, Harry P. Morgenthau, Ryan Gander, and Boaz I. Cohen are notable names in the group, often acting as key team members on significant advertising litigation matters.

Praxisleiter:

Norman C. Simon


Kernmandanten

Belmora


ExxonMobil


Johnson & Johnson


Kenvue


Meta


The Procter & Gamble Company


Revlon


RhinoSystems


Sirius XM


SPD Swiss Precision Diagnostics GmbH (Clearblue)


T-Mobile


TrueCar


Highlight-Mandate


  • Representing SPD Swiss Precision Diagnostics GmbH as the lead defendant in La Rosa v. Abbott Labs., et al., a putative consumer class action against the labeling and 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 alleging that the defendants’ wipes are not “flushable” as advertised, causing clogs in municipal wastewater systems.
  • Representing The Procter & Gamble Company in Hangen-Hall v. The Procter & Gamble Co., a putative class action alleging that the packaging for P&G’s Gain Original Aroma Boost laundry detergent engages in “executional greenwashing,” and contains “misleading” labeling.

Patterson Belknap Webb & Tyler LLP

Patterson Belknap Webb & Tyler LLP handles a range of advertising and marketing litigation matters including class actions and ESG cases, and represents high-profile clients from various industries such as food and beverages, telecommunications, and household consumer goods. The practice is particularly active in Lanham Act false advertising disputes and misrepresentation matters. Heading the team is Steven Zalesin who is recognized for his extensive experience as a trial lawyer and his expertise in false advertising claims and IP issues. The group also benefits from the knowledge of Jane Metcalf who concentrates on commercial litigation, specifically focusing on false advertising claims, IP matters, class action defense, and litigation involving FDA-regulated products. Joshua Kipnees is another notable name in the firm for his work on false advertising litigation and internal investigations. All individuals mentioned are based in New York.

Praxisleiter:

Steven Zalesin


Weitere Kernanwälte:

Jane Metcalf; Joshua Kipnees


Referenzen

‘Patterson’s uniqueness is its quiet strength. The litigators are firm without being inflexible, extremely knowledgeable without being boasting, astute without being smug.’

‘I have complete faith they will not waffle in the face of our competition, while continually keeping the business objectives and end goal in mind.’

‘Nothing short of exceptional.’

Kernmandanten

The Coca-Cola Company


Johnson & Johnson


Johnson & Johnson Consumer Inc.


L’Oréal USA


Walgreens


The Hershey Company


InComm Payments


Appian Corporation


The Glad Products Co.


The Brita Products Co.


The Clorox Co.


Highlight-Mandate


  • Represented The Coca-Cola Company in two lawsuits by an environmental group challenging Coca-Cola’s use of plastic packaging.
  • Represented The Hershey Co., winning dismissal of claims by a putative nationwide class of consumers that alleged that the presence of trace amounts of lead and cadmium in dark chocolate rendered Hershey’s products unsafe.
  • Represented Johnson & Johnson Consumer Inc. in multi-district litigation over alleged benzene contamination of Neutrogena and Aveeno aerosol sunscreen products, winning court approval of a favorable settlement reached prior to filing any responsive pleading.

Kelley Drye & Warren LLP

Kelley Drye & Warren LLP’s advertising and marketing practice has extensive experience defending clients from a range of industries in consumer class actions, Lanham Act false advertising disputes, FTC motions, and NAD challenges. The group is led by New Jersey-based Lauri Mazzuchetti and Washington DC-based John Villafranco. Mazzuchetti has a particular focus on Lanham Act false advertising suits and false advertising class actions, while Villafranco concentrates on advertising and marketing practices. In New Jersey, Jeff Castello primarily represents clients from the food and beverage sector, handling false advertising and class action claims. He also has experience in privacy matters, defending clients accused of violating the Telephone Consumer Protection Act and the California Invasion of Privacy Act. Jaclyn Metzinger, based in New York, is active in consumer class actions, false advertising claims, and employment matters. Kate White is a new addition to the team, joining as a partner in 2023 after moving from the FTC.

Praxisleiter:

Lauri Mazzuchetti; John Villafranco


Weitere Kernanwälte:

Jeff Castello; Jaclyn Metzinger; Kate White


Kernmandanten

Quincy Bioscience


Ralph Lauren Corporation


Gerber Products Company


Nestlé Healthcare Nutrition


Resideo Technologies


Panera Bread


Nu Skin


Lornamead


QuinStreet


CVS Pharmacy


Total Life Changes


Bacardi


Genexa


Unilever


Verizon


Visible


Highlight-Mandate


  • Represented Quincy Bioscience in challenges to its supplement in regulatory, counseling and litigation matters, including before the NAD and in an FTC investigation that led to seven private class action lawsuits and enforcement action brought by the FTC and the New York Attorney General’s Office.
  • Achieved the dismissal of two false advertising class action lawsuits filed against the Ralph Lauren Corporation which alleged that Ralph Lauren misrepresented the amount of Pima cotton contained in sweaters sold in its Polo Ralph Lauren Factory Stores.
  • Represented Panera in Lee v. Panera Bread Co., a class action filed in the Eastern District of Michigan alleging deceptive subscription practices in connection with Panera’s Unlimited Sip Club.

Morrison Foerster

Morrison Foerster has a national focus and offers comprehensive litigation services to a range of clients, predominantly from the technology and life sciences, consumer products, and food and beverage sectors. The group is well-versed in representing clients in false and deceptive advertising disputes under the Lanham Act and California’s Advertising Law. Leading the team is Erin Bosman who is based in San Diego. Other key team members include Tiffany Cheung and Alexis Amezcua, who are based in San Francisco, and Los Angeles-based Purvi Patel. Cheung has extensive experience defending high-profile clients in class action matters, while Amezcua focuses on representing clients in consumer class actions. Patel is recognized for her work on privacy matters, particularly cases involving the collection, use, and disclosure of personal information. She has particular expertise in California privacy laws, which makes her adept at representing companies in enforcement matters brought by the California Attorney General. Claudia Vetesi, based in San Francisco, concentrates on compliance matters for her clients in the food and beverage industry.

Praxisleiter:

Erin Bosman


Kernmandanten

McKesson


Oracle America, Inc.


Evolve Biosystems


Nature’s Path Foods, LLC


Bumble Inc.


Chobani LLC


Unilever


Nexstar Media Group, Inc.


Propel Media, Inc.


Thinx, Inc.


Highlight-Mandate


  • Defending Oracle in a putative class action asserting wiretapping, invasion of privacy, and other claims under California, Florida, and federal law.
  • Represented McKesson in a long running junk fax case in which a putative class was seeking more than $75 million in statutory damages.
  • Representing microbiome company Evolve Biosystems and the Regents of the University of California in their litigation against Abbott Laboratories in the Northern District of Illinois.

Proskauer Rose LLP

Lanham Act disputes and advertising challenges before the NAD and NARB are key expertise of Proskauer Rose LLP. The New York-based practice also represents clients from a range of sectors in false advertising claims, marketing and unfair competition claims, and IP disputes. Leading the team is Baldassare Vinti, who is adept in IP litigation with a focus on advertising and patent law andexperience handling cases in federal and state courts, as well as before the Patent Trial and Appeal Board, the International Trade Commission, and international arbitration tribunals. Other key members of the team are Jeffrey Warshafsky – who specializes in consumer class actions, sports litigation, false advertising, and IP disputes – and Jennifer Yang – who concentrates on false advertising claims and IP disputes. They are both regularly involved in representing clients before the NAD and NARB. The practice has notably had four partners join the team in 2023, Erik Milch and Joseph Drayton from Cooley LLP; and Grant Esposito and David Fioccola from Morrison Foerster.

Praxisleiter:

Baldassare Vinti


Referenzen

‘Jeffrey Warshafsky and Jennifer Yang are experts in advertising law.’

Kernmandanten

Church & Dwight, Co.


Welch Foods Inc.


S.C. Johnson & Son, Inc.


Bausch Health


PVH Corp.


SoClean, Inc.


NFL Properties, Inc.


The Guess Who


Highlight-Mandate


  • Represented Welch Foods Inc. in numerous threatened class actions from consumers alleging false advertising of Welch’s juice drinks.
  • Representing two founding members of Canadian rock band, The Guess Who in a false advertising lawsuit filed by two other original members of the band.
  • Represented of S.C. Johnson & Son, Inc. in challenging competitors’ advertising in a variety of areas, including drain clog removers and home cleaning products, and for various advertising counseling and due diligence matters.

Venable LLP

Venable LLP provides comprehensive advertising litigation services to a notable client base of US national advertisers and other industry corporations, offering representation in class actions, Lanham Act disputes, and regulatory litigation. The group has an FDA practice that supports the firm’s specialty in acting for the food and beverage sector. Group chair, Roger Colaizzi, based in Washington DC, stands out for his trial experience in cases relating to false advertising claims, FTC and CFPB regulatory matters, and IP matters. San Francisco-based Angel Garganta  has been recognized for his experience in class actions relating to food advertising and packaging. Daniel S. Silverman, based in Los Angeles, specializes in ‘slack fill’ cases and Lanham Act false advertising disputes. Heading IP litigation, New York-based Marcella Ballard is highly respected for her work on branding cases and is involved in international arbitration. Ari Rothman, who is based between Washington DC and Los Angeles, is noted for his national work on TCPA matters, litigating FTC lawsuits, and has represented clients in high-stake cases.

Praxisleiter:

Roger Colaizzi


Referenzen

‘Venable provides a very business-oriented approach, resolving issues in a way that makes sense under the circumstances.’

 

Kernmandanten

Playboy Enterprises International, Inc.


Noble Foods Inc.


Community Management Corporation


Highlight-Mandate


  • Represented Playboy in a case brought against a group of counterfeiters using unauthorized websites and fraudulently registered entities to dupe consumers and prospective licensees into believing the defendants were affiliated with Playboy.
  • Representing Community Management Corporation in a consumer class action alleging that CMC violated the Maryland Consumer Protection Act and the Maryland Consumer Debt Collection Act when it charged homeowners a convenience fee in order to pay their HOA assessments via its online platform.

Weil, Gotshal & Manges LLP

Weil, Gotshal & Manges LLP specializes in litigation involving Lanham Act disputes and consumer false advertising claims, while also remaining active in advising on regulatory investigations. The group represents strong clients from a range of sectors including technology, food and beverages, and consumer products. Areas of recent growth include matters pertaining to sustainability and consumer protection claims. Heading the team is Randi Singer, based between New York and Silicon Valley. She has extensive experience in advertising, marketing, trademark, and IP disputes, but maintains particular expertise in Lanham Act false advertising matters. In Washington DC, Drew Tulumello is recognized for his work in commercial litigation, often representing the food and beverages sector. David Singh, based in Silicon Valley, notably leads the firm’s national class action practice and represents impressive clients. Additionally, Washington DC-based Arianna Scavetti is an asset to the team and is frequently involved in false and misleading advertising class actions.

Praxisleiter:

Randi Singer


Kernmandanten

Sanofi S.A.


PepsiCo, Inc.


Burger King


Meta Platforms, Inc.


CareDx, Inc.


Nike


The Quaker Oats Company


Chobani, LLC


Tarkett Sports


Godiva Chocolatier, Inc.


Highlight-Mandate


  • Represented Godiva Chocolatier in several nationwide consumer false advertising class actions alleging that Godiva failed to disclose to consumers that its Signature Dark Chocolate contains elevated levels of lead.
  • Representing PepsiCo in an action alleging that PepsiCo and nine other major consumers misled the public about the recyclability of their products and is seeking to hold them liable for remediating marine plastic pollution on California oceans, beaches, and waterways.
  • Represented Burger King in three consumer class actions regarding “forever chemicals” (PFAS) Burger King uses in food packaging.

Winston & Strawn LLP

Winston & Strawn LLP specializes in representing the food and beverage sector in high-stakes and highly visible matters ranging from consumer class actions to Lanham Act false advertising matters. Co-headed by Chicago-based Ronald Rothstein and Los Angeles-based Gayle Jenkins, the group offers comprehensive advertising and commercial litigation services including class action counsel, representation before the FDA, and appealing advertising challenges before the NAD and the NARB. Rothstein concentrates on consumer class actions, false advertising litigation matters, and advertising challenges, while Jenkins handles the full range of commercial litigation matters ranging from RICO to unfair business practices. Amanda Groves, based in Los Angeles, focuses on commercial litigation particularly relating to labelling and advertising cases. In Los Angeles, Shawn Obi specializes in matters involving financial services as well as consumer products and food and beverage companies. The team also benefits from the expertise of Miami-based Jared Kessler and Chicago-based Sean Suber who have experience representing clients from the food and beverage sector in consumer class actions.

Praxisleiter:

Ron Rothstein; Gayle Jenkins


Referenzen

‘I believe this team at Winston is second to none. They are aggressive and tenacious. They also always deliver the results they say they will deliver. They are well respected on both sides of the field as well as from the bench.’

‘They get to know their client and their culture.’

‘Ron Rothstein is second to none. He is well respected in the field and also delivers the results he promises. He is always available and provides realistic and practical advice.’

Kernmandanten

Weber-Stephens Products LLC


Central Garden & Pet Company


Champion Petfoods Holdings, Inc.


The J.M. Smucker Company


Lancaster Colony Corporation


Albertsons Companies


The Laundress, LLC


Unilever PLC


The Hertz Corporation


S.C. Johnson & Son, Inc.


Abbott Laboratories


Highlight-Mandate


  • Represented J.M. Smucker in a putative class action alleging false advertising relating to protein-content claims stated on the labels of Uncrustables Sandwiches.
  • Representing Unilever in litigation arising from a national recall of nearly 8 million of its products, including personal injury and product liability claims and cases related to the recall.
  • Assisted Weber-Stephen Products in defeating consumer claims and in navigating an FTC investigation into whether its warrant contains alleged “tying” provision that conditioned the validity of the warranty on the consumer’s use of genuine Weber parts for repair in violation of the Magnuson-Moss Warranty Act.

Crowell & Moring LLP

Class action litigation is a core strength of Crowell & Moring LLP, with the team representing a variety of clients in class actions relating to consumer fraud, false labelling, and false advertising. David Ervin and Holly Melton co-lead the practice from Washington DC and New York, respectively. Ervin is recognized for his focus on the convergence of advertising and IP, working on advertising and brand protection, alongside trademark litigation. Melton has particular expertise in defending consumer goods and services companies in investigations and enforcement matters prompted by the FTC and other regulatory bodies. She is well versed in advertising and brand protection, as well as initiating and defending false advertising disputes initiated by the NAD. In Denver, the group benefits from the experience of Meshach Rhoades who is adept at handling class actions and commercial cases involving regulatory bodies such as the FDA, FTC, DOA, and European Union regulators. In Chicago, Jason Stiehl is another notable name for his frequent representation of the food and beverage industry and consumer product companies in class actions.

Praxisleiter:

David Ervin; Holly Melton


Weitere Kernanwälte:

Meshach Rhoades; Jason Stiehl


Kernmandanten

National Association of Broadcasters


Aldi


Mondelez


Frankfurt Kurnit Klein & Selz PC

Representing clients before the FTC and NAD, the advertising litigation group at Frankfurt Kurnit Klein & Selz PC is adept at handling matters involving native advertising, disclosures, and green marketing. The team also has experience dealing with IP litigation, ranging from trademark cases to trade secrets. Leading the practice is Terri Seligman who has broad advertising expertise. She regularly acts before the NAD, representing both advertisers and challengers in competitive advertising disputes, and represents companies in disputes and regulatory matters before broadcast networks as well as state and local enforcement agencies. Kimberly Maynard is another notable name, and she is well-regarded for her work on IP matters. She has experience representing clients from a variety of industries such as technology, fashion, and finance. The group also benefits from the expertise of Jordyn Milewski who is recognized for handling advertising dispute resolution for a diverse client base, as well as representing advertisers and challengers before the NAD. All lawyers mentioned are based in New York.

Praxisleiter:

Terri Seligman


Weitere Kernanwälte:

Kimberly Maynard; Jordyn Milewski


Referenzen

‘I appreciated the collaborative approach to representation by the Frankfurt Kurnit team.’

‘Confident in the legal advice provided to find an effective path forward.’

‘They provided practical and well-reasoned representation and advice. They were responsive and provided timely and appropriate communication.’

Kernmandanten

T-Mobile


Copperweld Bimetallics


Elysium Health


Casper Sleep


PepsiCo


BIC


Northwell Health


Katten

Offering representation before the NAD and the FTC, as well as in matters pertaining to comparative and false advertising disputes, Katten‘s advertising, marketing, and promotions practice is led by Washington DC-based Christopher Cole. The group sits within the intellectual property department, which is led by Deepro Mukerjee . The team is equipped to handle a range of litigation matters and holds deep experience representing clients in Lanham Act cases, consumer class actions, and IP matters. Cole has broad expertise including intellectual property disputes, false advertising cases under the Lanham Act, and enforcement actions. Other notable names in the team are Kristin Achterhof and Michael R. Justus, who are based in Chicago and Washington DC, respectively. Achterhof is recognized for her work on trademark and copyright claims, while Justus is noted for representing clients in Lanham Act cases as well as NAD and FTC disputes. Terence Ross, who is based in Washington DC, is well-regarded for handling IP matters such as unfair competition lawsuits.

Praxisleiter:

Christopher Cole; Deepro R. Mukerjee


Kernmandanten

Caresimatic Inc.


Lenovo


Molson Coors


Motorola


Natera Inc.


Special Olympics


Whirlpool


Windstream Holdings Inc.


Highlight-Mandate


  • Representing Lenovo and Motorola, handling clearance, prosecution and enforcement matters for the two companies across the world.
  • Representing Careismatic, Inc. in various matters including claims of false advertising under the Lanham Act.
  • Representing Special Olympics, Inc., including acting as lead counsel in a high-profile Lanham Act case pending in federal court in Chicago involving the organization’s most valuable trademarks.

Loeb & Loeb LLP

Loeb & Loeb LLP specializes in representing clients before the NAD in challenges pertaining to comparative claims, environmental claims, native advertising, and product packaging claims to name a few. Additionally, it is involved in NARB disputes, Lanham Act false advertising claims, class actions, and IP disputes. The New York-based team is chaired by David Mallen and Chicago-based Thomas Jirgal. Mallen’s former position as deputy director of the NAD gives him extensive expertise in defending and challenging claims before the NAD, NARD, and other regulatory authorities. Jirgal has substantial experience representing clients from a range of industries in matters including false advertising, antitrust, and unfair competition. Elizabeth O’Neill is a notable name in the group for her focus on claim substantiation issues as well as defending and challenging claims before the NAD.

Praxisleiter:

David Mallen; Thomas Jirgal


Weitere Kernanwälte:

Elizabeth O’Neill


Referenzen

‘The ability to provide direct business actionable advice makes Loeb unique.’

‘They understand the business and the industry.’

‘Very easy to work with and good collaborators.’