Roy Abernathy is an associate in Crowell & Moring’s Washington, D.C. office. He is a litigator in the firm’s Technology & Brand Protection and Antitrust & Competition groups. His practice primarily involves high-stakes complex litigation in federal and arbitral forums with a focus on advertising and consumer protection issues.
Roy concentrates on brand protection litigation, encompassing unfair competition, brand disparagement, false advertising, Lanham Act violations, defamation, consumer class actions, consumer fraud, contract breach, and antitrust violations. He provides product counseling in a variety of industries such as retail, consumer products, food & beverage, and technology on issues related to advertising and marketing, including claim substantiation, compliance with FTC guidance, and state laws governing unfair and deceptive practices, unfair competition, and privacy.
Roy’s litigation experience covers matters involving defense against consumer class actions alleging false advertising and affirmative claims for recovery in complex commercial arbitrations based on fraudulent pricing. He represents a variety of corporate clients in complex investigations and regulatory enforcements from agencies such as the National Advertising Division and Federal Trade Commission as well as state attorneys general offices. He has a nationwide practice in federal and state courts representing clients as both plaintiff and defendant. He has experience in all manner of litigation practice, including leading discovery efforts, managing case teams, taking depositions, handling expert discovery, drafting substantive motions, and assisting at trial.
During law school, Roy was president of the Student Bar Association, vice-chair of the Moot Court Executive Board, and a senior articles editor for the Journal of Civil Rights and Social Justice. Prior to joining the firm as a summer associate, he was a law clerk for the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. Now as part of his pro bono work at Crowell, he serves as an associate trustee for the Washington Lawyers’ Committee.
Affiliations
Admitted to practice: District of Columbia and North Carolina (inactive)
Representative Matters
- Represented Fortune 50 health insurance company as a plaintiff in two evidentiary arbitration hearings in 2021 against large retail pharmacies regarding pricing disputes. Obtained a favorable interim award on liability (damages are pending) in first matter; obtained a favorable final award in the amount of $123 million in second matter.
- Defended Cricket Wireless in ongoing consumer class action litigation against false advertising claims related to 4G capabilities. Obtained order decertifying class of customers.
- Defended telecommunications client in an FTC investigation alleging false representations and deceptive acts or practices violations of Section 5 of the FTC Act and ROSCA.
- Representing a group of Blue Cross and Blue Shield Association health insurance plans in ongoing litigation in federal court alleging fraudulent submission of inflated prices in prescription drug claims.
- Defended clients in the food and beverage industry against false advertising and unfair competition claims in nationwide federal courts, such as MolsonCoors’ Vizzy product.
- Assisting in complex discovery practice and trial preparation for healthcare, telecommunications, food and beverage, and real estate industry clients in complex commercial litigation.
- Prepared and taught CLEs on trends in false advertising consumer class actions for clients in the food and beverage industry. Monitors ongoing trends in consumer class actions, FTC enforcement actions, and state attorneys general activities for clients.
Publications
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"A Circuit-By-Circuit Review Of The False Ad Puffery Defense," Law360
(October 6, 2022).
Authors: Andrew Pruitt, and Roy Abernathy.
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"Getting the Deal Through: Advertising & Marketing 2022 (covering FTC Green Guides and environmental benefit marketing claims)" Lexology
(April 2022).
Consulting Editors: Roy Abernathy, Raija Horstman, Dalton Hughes, Emily Kappers, and Amy Pauli.
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"Despite the Pandemic, Food-Related False Advertising Lawsuits Continue to be Frequent Filers," Crowell & Moring’s Retail & Consumer Products Law Observer
(September 17, 2021).
Authors: Christopher A. Cole, Raija Horstman and Roy Abernathy.
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"Seeking Remedies for LGBTQ Children from Destructive Parental Authority in the Era of Religious Freedom," Washington & Lee Journal of Civil Rights and Social Justice , Volume 26, Issue 2
(May 29, 2020).
Author: Roy Abernathy
Client Alerts & Newsletters
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"U.S. Supreme Court to Decide the Extraterritorial Application of the Lanham Act,"
Advertising & State AG Alert
(November 8, 2022).
Contacts: Preetha Chakrabarti, Roy Abernathy
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"FTC Issues Long-Awaited Updates to the Endorsement Guides,"
Advertising & State AG Alert
(May 25, 2022).
Contacts: Roy Abernathy, Helen O. Ogunyanwo
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"Additional States Plan for the Implementation of Data Privacy Laws,"
Advertising & State AG Alert
(March 1, 2022).
Contacts: Toni Michelle Jackson, Matthew B. Welling, Sarah Rippy, Roy Abernathy
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"Meat Product Companies Face Increasing Litigation for Humane Raising Claims,"
Administrative Law Alert
(March 12, 2021).
Contacts: Roy Abernathy, Helen O. Ogunyanwo, Mariam Sarwar
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"Maryland's Digital Advertising Tax: A Contentious Start, and an Uncertain Future,"
Administrative Law Alert
(February 19, 2021).
Contacts: S. Starling Marshall, Preetha Chakrabarti, Roy Abernathy
Press Coverage