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.
Advertising and marketing: litigation in United States
Herbert Smith Freehills Kramer
Responsables de la pratique:
Norman Simon
Autres avocats clés:
Eileen Patt; Boaz I. Cohen
Principaux clients
ExxonMobil
Kenvue
The Procter & Gamble Company
Revlon
SPD Swiss Precision Diagnostics GmbH (Clearblue)
T-Mobile
TrueCar
Principaux dossiers
- 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.
A&O Shearman
A&O Shearman's advertising litigation practice is based in Austin and led by Saul Perloff who is experienced in both prosecuting and defending a range of advertising disputes. The firm is sought out for its expertise in false advertising and unfair competition expertise. The firm often serves life sciences clients such as biopharmaceutical companies, biologics and medical device companies. Other key industries include consumer products, financial services, food and beverage. False Claims Act and Telephone Consumer Protection Act violations that are brought in class actions are also handled by the practice.
Responsables de la pratique:
Saul Perloff
Principaux clients
QuVa Pharma, Inc.
Guardant Health
Acella Pharmaceuticals, LLC
Red Hook Lobster Pound LLC
Human Power of N
Mojave Desert Holdings, LLC
Principaux dossiers
- Represented Guardant in Guardant Health, Inc. v. Natera, Inc., concerning the intersection of Lanham Act false advertising law and First Amendment protections of scientific speech.
- Represented Acella in a Lanham Act false advertising suit brought against ANI Pharmaceuticals, Inc.
- Represented Mojave Desert Holdings, U.S.A. Dawgs, Inc., and Double Diamond Distribution, Ltd. as lead counsel in a false advertising and patent case against Crocs.
Debevoise & Plimpton LLP
Debevoise & Plimpton LLP excels at IP-related advertising litigation involving trade marks as well as litigating false advertising disputes in court before the FTC, FDA and NAD. The team works closely together with scientists and statisticians to substantiate client’s advertising claims. A stand-out area of expertise for the firm is prosecuting and defending against requests for preliminary injunctions. Practice head David Bernstein leads the team from San Francisco and is noted for his specialism in trade mark claims including acting as a domain name arbitrator and mediator in trade mark cases. In New York, Megan Bannigan focuses on trade mark and copyright litigation, Michael Schaper handles civil litigation and Jared Kagan is well-versed false advertising, copyright, trade mark and defamation cases. Over in Washington DC, Paul Rubin is the go-to for FTC investigations and disputes before the NAD.
Responsables de la pratique:
David Bernstein
Autres avocats clés:
Megan Bannigan; Paul Rubin; Michael Schaper; Jared Kagan; Abe Tabaie; Marissa Baron
Les références
‘The team worked cohesively to understand the facts and develop the defence.’
‘David Bernstein is a brilliant mind and litigator. Amazing presence and credibility in the courtroom.’
‘Jared Kagan is a quick study and strong leader on the team.’
Principaux clients
American Express
BodyArmor
Coopervision
DraftKings
Frontier Communications
H&R Block
Italic Inc.
Judd Foundation
Marketing Architects
Merck KGaA
Pernod Ricard
StockX
Trajector Medical
Principaux dossiers
- Represented H&R Block in a lawsuit brought by Intuit Inc. for false advertising regarding H&R Block’s claims that its online DIY tax preparation products are less expensive than those that Intuit provides.
- Advised Judd Foundation on a pro bono basis in a lawsuit against Kim Kardashian and Clements Design in California federal court.
- Represented DraftKings in a right of publicity action against MLB Players Inc. (MLBPI) involving the use of players images in the DraftKings Sportsbook and on DraftKings’ social media.
Kirkland & Ellis LLP
Kirkland & Ellis LLP has a strong advertising, marketing and promotions team which is well-equipped to assist clients in a number of contentious issues. False advertising claims, FTC investigations, consumer class actions and trade mark litigation are all key focal points of the group. Defending consumer class actions and consumer fraud actions are where the team stands out. The team is split across Chicago, Washington DC, Los Angeles and New York. In Chicago, Ross Weisman leads the team and is an expert in defending and challenging advertising and marketing claims, while Robin McCue specializes in IP litigation. Over in Washington DC, Gregg LoCascio advises clients as lead counsel on a mix of IP and commercial litigation matters and Richard Cunningham is the go-to for consumer protection claims. Robyn Bladow is well-versed in class actions and resides in Los Angeles, while Dallas and Washington DC-based Olivia Adendorff handles a mix of false advertising, consumer class actions and FTC investigations.
Autres avocats clés:
Ross Weisman; Gregg LoCascio; Robin McCue; Richard Cunningham; Robyn Bladow; Olivia Adendorff
Principaux clients
Abbott Laboratories
Advantage Lifts LLC
Arise Virtual Solutions
Career Step LLC
Carrier Global Corporation
Charter Communications Inc.
Chosen Foods
Colgate-Palmolive Company
Dormer Laboratories
Drunk Elephant
Dyson, Inc.
Eli Lilly and Company
Haleon
Handi-Foil Corp.
JUUL Labs
Mariner Finance
Oorah Inc.
Rite Aid
S.C. Johnson & Son
Shiseido
The Lovesac Company
Woodstream Corporation
Young Living Essential Oils
ZenBusiness Inc.
Principaux dossiers
Patterson Belknap Webb & Tyler LLP
The false advertising practice at Patterson Belknap Webb & Tyler LLP is known for its expertise in the advertising space, particularly assisting brands from food and beverage, cosmetics, pharmaceutics and other key areas in high-stakes litigation and regulatory proceedings. The firm has been active in consumer class actions over the last year involving issues such as labeling issues. Practice head Steven Zalesin leads the New York-based team and is an authority on false advertising cases, having represented both plaintiffs and defendants in trial and appellate courts. Jane Metcalf is noted for her expertise in commercial litigation, representing clients in false advertising claims, class actions and ligation involving FDA-regulated products. Pharmaceutical, dietary supplement, cosmetic, insurance and finance clients area all served by false advertising specialist Joshua Kipnees.
Responsables de la pratique:
Steven Zalesin
Autres avocats clés:
Jane Metcalf; Joshua Kipnees
Les références
‘Highly skilled team, extremely responsive to client needs.’
‘This is my go-to team for aggressive advertising challenges – when we want to let our competitors we mean business and we aren’t backing down. I can always count on solid litigation strategy and sound counselling with the Patterson team.’
‘I like working with Jane Metcalf in particular – her work is solid and she keeps an easy even keel even in the face of the most challenging competitors.’
Principaux clients
The Coca-Cola Company
Johnson & Johnson
Johnson & Johnson Consumer Inc./Kenvue, Inc.
Abbott Laboratories
Pathward, National Association
The Hershey Company
InComm Payments
The Glad Products Co
The Brita Products Co.
The Clorox Co.
Principaux dossiers
Katten
Katten's advertising, marketing and promotions practice is headed up by Christopher Cole in Washington DC, and it is noted for its expertise across contentious advertising matters. The team defends its clients in class actions, false advertising litigation, First Amendment issues, Lanham Act cases and unfair competition laws. Typical industries the team advises include consumer products, food and beverage, fashion, medical and technology. Cole is a specialist litigator who excels in representing technology and brands in consumer class actions brought by competitors, regulators and claimants. Kristin Achterhof is a first-chair trial attorney based in Chicago who leads on IP disputes and Lanham Act cases. Washington DC-based Michael Justus is experienced in handling contentious issues in front of the FTC and NAD as well as being well-versed in AI and IP.
Responsables de la pratique:
Christopher Cole
Autres avocats clés:
Kristin Achterhof; Michael Justus
Principaux clients
Brooks Brothers / BB OpCo LLC
Caresimatic Inc
CircuitLife
Lenovo
Molson Coors
Motorola
Natera Inc.
Rainforest Alliance
Special Olympics
The Marine Stewardship Council (MSC)
Transform SR, LLC
Windstream Holdings Inc.
Whirlpool
Principaux dossiers
- Represented Transform in a case related to claims made by plaintiffs alleging that Kenmore refrigerators, made by LG, fail prematurely due to faulty compressors and that advertising for Transform led them to purchase the refrigerators.
- Represented Lions Gate and Starz, series creator Courtney Kemp and executive producer Curtis (50 Cent) Jackson in a lawsuit relating to the television series, Power.
- Represented Wolfspeed as the defendant in a consumer class action that alleged Wolfspeed exaggerated and falsely advertised the lifetime of its consumer LED lightbulbs.
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP is known for its expertise in defending and bringing NAD challenges, assisting clients with evaluating data, assessing statistical issue and analyze surveys. The firm is well-versed in successfully dismissing case claims on dispositive motions before discovery. Other than NAD cases, the team also represents clients in state and federal consumer class actions related to labelling and advertising claims, deceptive trade and pricing. Clients of the team range from large domestic clients to multinational corporations. Practice head Lauri Mazzuchetti resides in New Jersey and leads on consumer class actions and commercial litigation for major US brands. On the New Jersey team, Geoffrey Castello handles false advertising and consumer product litigation. Co-head John Villafranco heads up the Washington practice and has a wealth of experience proving that his client's advertising and marketing campaigns are not deceptive. He is also skilled in defending C-suite executives from individual liability cases brought by regulators. New York-based Jaclyn Metzinger and James Saylor are both in active in consumer class actions.
Responsables de la pratique:
Lauri Mazzuchetti; John Villafranco
Autres avocats clés:
Geoffrey Castello; Jaclyn Metzinger; James Saylor
Principaux clients
Quincy Bioscience
The Walt Disney Company
Kohl’s Department Stores
Gerber Products Company / Nestlé Healthcare Nutrition
Verizon Communications
ContextLogic
Verizon
ActiveProspect
Sunrun
AmeriFactors Financial Group
Kimberly Clark
ADP
PC Richard & Son
Keurig/Dr. Pepper
QuinStreet
The Hershey Company
Quincy Bioscience
The Walt Disney Company
Kohl’s Department Stores
Principaux dossiers
- Represented Unilever in Wiggins et al v. Unilever United States, Inc., a false advertising class action alleging that Unilever falsely markets certain personal care products as “hypoallergenic” and “tear-free.”
- Represented Quincy Bioscience in regulatory, counseling and litigation challenges to its Prevagen supplement, including before the NAD, in a Federal Trade Commission investigation that led to seven private class action lawsuits.
- Represented Verizon in defending an NAD challenge by Charter Communications against Verizon related to advertising claims made in connection with Verizon’s FWA Home Internet products.
Loeb & Loeb LLP
Loeb & Loeb LLP‘s advertising disputes practice is jointly led out of New York and Chicago by advertising experts David Mallen and Thomas Jirgal, respectively. The firm is the go-to for NAD disputes work, regularly representing advertisers in a variety of issues from comparative and environmental claims to disputes involving native advertising, product packaging and pricing. The team is well-versed in all types of NAD procedures including complex track which it has actively assisted clients with since its inception in 2020. The firm also represents clients in advertising litigation outside of the NAD such as Lanham Act litigation, consumer class actions and FTC investigations. Jirgal has acted as lead counsel for advertising clients before the NAD for a wide range of industries including entertainment, communications, consumer goods and personal care. Mallen utilizes his previous experience as former deputy director of the NAD to defend and challenge NAD claims. In Chicago, Libby O'Neill focuses on advertising claim substantiation and disputes as well as promotions.
Responsables de la pratique:
David Mallen; Thomas Jirgal
Autres avocats clés:
Libby O’Neill
Les références
‘David Mallen in particular has a unique expertise engaging with the National Advertising Division (NAD). David is able to interface with NAD in a way that produces invaluable insights and results for his clients. ’
‘The Loeb team is incredibly responsive and very technically proficient. They approach each project with skill and expertise. Loeb & Loeb handles each case with the utmost professionalism.’
Principaux dossiers
Morrison Foerster
Morrison Foerster are class action specialists able to handle a range of consumer class actions brought in California and New York. The team represents food and personal care manufacturers and distributors in misbranding class actions and false advertising litigation related to ingredient claims. Technology and life sciences clientele also seek out the practice for representation in advertising claims and class actions. Based in San Francisco, Tiffany Cheung excels in class action litigation often handling cases involving marketing and privacy claims. Also residing in San Francisco Alexis Amezcua represents clients in proceedings involving unfair competition and deceptive trade practice law, while Claudia Vetesi is the go-to for competitor advertising disputes and NAD challenges. Los Angeles-based Purvi Patel focuses on representing retail and e-commerce clients in advertising and unfair competition cases. Erin Bosman chairs the advertising and litigation group from San Diego and co-head Katie Viggiani leads from New York on advertising claims.
Responsables de la pratique:
Erin Bosman; Katie Viggiani
Autres avocats clés:
Purvi Patel; Tiffany Cheung; Alexis Amezcua; Claudia Vetesi; Adam Hunt
Les références
‘This team is excellent. They think deeply and critically about the legal issues, while staying grounded in the practical implications for our business and being mindful of business considerations. They are also excellent at matter management, creating strategies to help bring unruly and overzealous plaintiffs’ counsel to heel. They consistently deliver high-quality work product and respond in a timely fashion.’
‘Purvi Patel is an exceptional team leader. She has remarkable emotional intelligence, and it’s clear she knows how to push the right buttons to get the most from her team. She’s also a joy to work with on the client–side because she’s attune to the pressures we face internally and an excellent partner in figuring out how to develop legal strategy that truly focuses on achieving business objectives. ’
Principaux clients
Costco Wholesale Corporation
Britax Child Safety, Inc.
Unilever
Uber Technologies, Inc.
Nature’s Path Foods, LLC
Del Monte Foods, Inc.
Conopco, Inc.
Chobani LLC
Bumble Inc.
Infinant Health Inc.
Clearwater Seafoods
Principaux dossiers
- Represented Costco in its defense against a nationwide false advertising class action that was filed in the Southern District of Florida.
- Assisted Britax Child Safety with securing a favorable class action settlement in relation to key features of the company’s top child safety product lines.
- Represented Unilever in a class action regarding allegedly misleading product labels/false advertising claims for its Olly melatonin gummies.
Proskauer Rose LLP
Proskauer Rose LLP's false advertising and trade mark litigation practice is led out of New York by Baldassare Vinti who is an IP specialist focused on false advertising and life sciences litigation. The firm assists with both defending false advertising claims and launching false advertising for clients. The team's clients come from a variety of sectors including technology, life sciences, entertainment and sports. Class actions are central to the practice which focuses on resolving cases early on through aggressive litigation. Commercial litigation specialist Jeffrey Warshafsky is noted for his expertise in representing clients in competitor-versus-competitor advertising disputes, Lanham Act cases and NAD cases. Jennifer Yang is a primary member of the false advertising team, focusing on IP disputes, consumer class action false advertising litigation and assisting clients with claims and substantiation review.
Responsables de la pratique:
Baldassare Vinti
Autres avocats clés:
Jeffrey Warshafsky; Craig Whitney; Jennifer Yang
Les références
‘Proskauer Rose is extremely responsive, knowledgeable, and delivers high quality work. The quality of work is consistently top-notch.’
‘Jennifer Yang is smart, meticulous, and on top of everything. When I ask her for something, I know whatever work product getting back is high quality. Jennifer also proactively looks out for our company interest even when it involves matters that Proskauer does not have a practice in, which has helped me tremendously and signals that the firm/she is interested in becoming a long-term partner of the company.’
Principaux clients
Church & Dwight
The Guess Who
Live Nation Entertainment
SoClean, Inc.
Welch Foods Inc.
S.C. Johnson & Son, Inc.
PVH Corp
NFL Properties, Inc.
72andSunny
Principaux dossiers
Weil, Gotshal & Manges LLP
Weil, Gotshal & Manges LLP specializes in representing multinational corporations in prosecuting and defending against Lanham Act false advertising cases as well as representing clients in consumer class actions related to false advertising, unfair competition and deceptive business practices. The team combines the firm's expertise in IP, consumer protection, antitrust and litigation and media to fully assist clients in advertising and marketing litigation. Practice head Drew Tulumello sits in Washington DC and is a renowned first-chair trial lawyer and US Supreme Court advocate who excels in defending brands in class actions related to product advertising claims. Co-leading the practice alongside Tulumello in Washington DC is Arianna Scavetti who is the go-to for cases involving product labeling and marketing which is claimed to be false or misleading. In Silicon Valley, David Singh leads the litigation team and class actions practice, advising fortune 500 companies on false advertising cases.
Responsables de la pratique:
Drew Tulumello; David Singh; Arianna Scavetti
Les références
‘Weil, Gotshal & Manges handles sensitive issues with exceptional speed and care. The communication from the team is great. I appreciate having the same attorney consistently so I can build rapport and background.’
Principaux clients
PepsiCo, Inc.
Sanofi
Apple Inc.
Lululemon Athletica
CareDx, Inc.
Nike
The Quaker Oats Company
Gannett Co.
Tarkett Sports
Warner Bros. Discovery
Temu
Principaux dossiers
- Represented PepsiCo in a public nuisance lawsuit filed by New York Attorney General Letitia James related to marine plastic pollution, successfully winning the case.
- Represented Apple as principal outside counsel in a case that sought to hold Apple responsible for the legitimacy of every app on its massively popular App Store.
- Represented Nike in the greenwashing class action, achieving victory at the motion to dismiss stage.
DLA Piper LLP (US)
DLA Piper LLP (US)‘s advertising litigation group unites the firm’s knowledge in trade mark, copyright and media to advise multinational clients on litigation involving consumer products and retail. The team focuses on false advertising and regulatory issues, Lanham Act cases, trade mark and patent litigation. It is particularly well-versed in cross-border IP disputes and IP issues involving the federal government. Tamar Duvdevani leads the team from New York alongside Gina Durham and centers her practice on false litigation advertising cases and right-of-publicity issues in front of federal courts. Melissa Reinckens resides in San Diego and is well-versed on false advertising, trade mark, trade dress and trade secret disputes. Kevin Fee sits in Washington DC and is the go-to for false advertising cases before trial and appellate courts.
Responsables de la pratique:
Gina Durham; Tamar Duvdevani
Autres avocats clés:
Melissa Reinckens; Kevin Fee
Les références
‘Good collaboration on work product, with the team willing to take our feedback and input. Overall, the team had good capabilities in the space, including dedicated advertising lawyers, regulatory, class action, and appellate specialists.’
‘Melissa Reinckens distinguished herself as an extremely hard worker.’
‘Worldwide coverage.’
Principaux clients
Colgate-Palmolive Company
Nike, Inc.
Amazon.com, Inc.
International Code Council, Inc.
Iovate Health Sciences International, Inc.
Hyper Skin Inc.
HP Development Company, LP
James Hardie Building Products
The Canadian Sugar Institute
James Hardie Industries plc
Principaux dossiers
- Represented Hill’s Pet Nutrition and secured a precedential decision resulting in a complete dismissal with prejudice of Lanham Act false advertising and civil conspiracy claims in a class action case.
- Represented Nike Inc., the plaintiff,in a trade mark and false advertising case against resale platform operator StockX.
- Represented Iovate in their defense of another supplement company’s disgorgement response from a trial whereby Iovate was represented by another firm.
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC handles a mix of advertising litigation, class actions and matters before the National Advertising Division (NAD) in both state and federal courts for national and international brands and advertising agencies. The team is well-equipped to handle disputes before federal and state agencies such as cases before the FTC involving native advertising, influencers and claim substantiation. The practice is jointly led by Jason Howell and Brian Murphy. Kimberly Maynard leads on false advertising and trade mark issues, while Terri Seligman is the go-to for NAD matters where she represents both advertisers and challengers. Hannah Taylor advises clients on advertising compliance obligations. Also noted is Katelyn Patton who advises on a mix of advertising, marketing and IP issues. The firm recently strengthened its practice with the hire of Howell, in January 2025, from Perkins Coie LLP, while Holly Melton joined from Crowell & Moring LLP in May 2025.
Responsables de la pratique:
Kimberly Maynard; Jason Howell; Brian Murphy
Autres avocats clés:
Katelyn Patton; Holly Melton; Terri Seligman; Hannah Taylor
Les références
‘We work with Frankfurt Kurnit Klein Selz for legal counsel in the US, as we are based in Canada. At every step they display an in-depth knowledge of the law as it pertains to any topic we require advice on.’
‘The team at Frankfurt Kurnit Klein Selz, no matter who we deal with on a specific topic, stand out as savvy, up-to-date on the latest legal issues relevant to the industry we are in, and always readily available to provide support. They are also an absolute pleasure to work with.’
‘This team has an admirable commitment to pro bono work, as well as extensive knowledge about remedies for deceptive advertising.’
Principaux clients
PepsiCo (Gatorade)
The Lawyering Project
BIC
Major Celebrity Client
Copperweld Bimetallics
Northwell Health
Budge Studios
Principaux dossiers
Venable LLP
Venable LLP's Washington-based advertising and marketing practice advises advertising companies, automotive, retail, food and beverages as well as healthcare companies in advertising litigation. The team is also the go-to for trade associations. Common cases include unfair competition, class actions and NAD proceedings. The team has been particularly active in the food and beverages space, advising on issues related to packaging, definitions of produce such as 'pasture-raised', dietary supplement marketing and slack fill. Roger Colaizzi chairs the practice and is well-versed in time-sensitive retail litigations, Lanham Act false advertising and FTC regulatory issues. Daniel S. Silverman resides in Los Angeles and leads on food and average consumer class actions.
Responsables de la pratique:
Roger A. Colaizzi
Autres avocats clés:
Daniel S. Silverman
Principaux clients
Associations, Inc.
NovelPay, LLC (ClickPay)
Lands’ End, Inc.
Principaux dossiers
- Advised Associations on three putative class action lawsuits spanning three different states and successfully guided its subsidiary, Community Management Corporation, in resolving a separate putative class action lawsuit.
- Represented NovelPay, LLC in a consumer class action lawsuit involving claims of unlawful convenience fees and achieved a favorable settlement outcome.
Winston & Strawn LLP
Winston & Strawn LLP's complex commercial litigation practice has strong capabilities in advertising litigation, serving as counsel, lead trial counsel and appellate counsel in a class action claims related to false or misleading labels involving ingredients. The team also defends clients in pricing and warranty cases and represents consumer brands in product recalls. Privacy litigation is also a key area of the practice which assists clients in privacy-related advertising litigation and class actions. Team lead Ronald Rothstein resides in Chicago and leads on claims related to violation of unfair competition law, false advertising law as well in consumer class actions. Los Angeles-based Amanda Groves is sought out for her expertise in handling cases involving California's laws and regulations such as consumer fraud statues and enforcement issues. Over in Miami, Jared Kessler leads on class action litigation for food and beverage clients.
Responsables de la pratique:
Ronald Rothstein
Autres avocats clés:
Amanda Grove; Jared Kessler
Principaux clients
Weber-Stephen Products LLC
Central Garden & Pet Company
Post Consumer Brands
The J.M. Smucker Company
Spin Master Ltd.
Albertsons Companies
The Laundress, LLC; Unilever PLC
The Hertz Corporation
S.C. Johnson & Son, Inc.
Abbott Laboratories
Principaux dossiers
- Represented The J.M. Smucker Company in a consolidated class action related to the safety of products amid suspected salmonella contamination, successfully securing a dismissal.
- Represented Crafted Brand Company, LLC in a putative class action, winning a dismissal for the client addressing allegations that the “No Preservatives” statement on its cocktail mix products was misleading.
- Represented Spin Master, Inc. in a putative class action alleging that the labelling on its Orbeez water bead toys is deceptive for failing to disclose potential ingestion risks.