Advertising & Consumer Protection

We advise and counsel our clients on the full range of advertising and marketing issues, including: (i) developing and defending product performance and consumer preference claims; (ii) substantiating environmental, health, and safety claims about products and their manufacturing processes; (iii) creating compliant promotional activities involving sweepstakes, gift cards and other loyalty programs, and native advertising; (iv) managing risk in the use of social media and new technologies; (v) protecting security and privacy in the collection, use, and disclosure of consumer data in advertising and sales transactions; (vi) negotiating and drafting marketing, sponsorship, endorsement, and promotion agreements; (vii) addressing copyright, trademark, licensing, and right of publicity concerns; and (viii) responding to false and misleading competitor advertising and marketing practices.

In the last decade, our lawyers have handled some of the most significant competitor advertising disputes in federal court under the Lanham Act and before the National Advertising Division (NAD). We also have defended claims of fraud and deception in the marketing and advertising of products and services, including false advertising and unfair competition cases brought by the FTC or the state attorneys general, and consumer class action litigation. We have deep experience in designing claims substantiation research, helping to bullet-proof your companies’ valuable claims against competitor challenge. We have particular depth in consumer survey and preference research, and regularly work with the nation’s best third-party experts on such issues.