Christopher Cole is the co-chair of Crowell & Moring's Advertising & Product Risk Management (APRM) Group, a team that provides interdisciplinary solutions to companies facing challenging competitive and regulatory issues. Chris focuses on matters of false advertising, reputation and brand disparagement, intellectual property infringement, and unfair competition. He litigates Lanham Act and consumer class action cases, defends against Federal Trade Commission (FTC) and related investigations, and, he has handled numerous cases before the National Advertising Division (NAD). Chris also provides strategic and risk management guidance to some of the world's leading companies in industries such as food and beverages, media and telecommunications, home appliances, technology and consumer products.
Chris has been ranked among the top false advertising litigators in the country by Chambers & Partners, which has in various editions described him as a "superstar," "incredibly responsive," "outstanding," "cost-conscious," "hard-working," and has said that he "gets to the heart of the concept quickly and understands the advertising motivation in relation to the law." He is listed by SuperLawyers among the top Media and First Amendment lawyers in Washington, D.C., and by Best Lawyers in America for Advertising Law.
Chris is the chair of the American Bar Association's Section of Antitrust Committee on Advertising Disputes and Litigation, an editor of the ABA's major treatise on Consumer Protection Law and Developments, co-chair of the ABA's upcoming 2017 biannual Consumer Protection Law Conference, and co-chair of the Brand Activation Association’s 2016 Annual Marketing Law Conference.
Representative Matters
- FTC Investigations. Represented major advertisers in conjunction with both ongoing and successfully closed investigations and litigation by the FTC in the areas of telecommunications, beverages, consumer products and technology. Lead counsel for Kimberly-Clark Corporation in recently closed FTC investigation into flushable wipes.
- NAD/NARB. Handled over 50 NAD and NARB matters in the last five years for clients such as AT&T, DIRECTV, Kimberly-Clark, Matrixx Initiatives, Scotts Company, Intuit, MillerCoors, Honeywell, Samsung, Zero Technologies, Energizer/Edgewell, and Walmart. Member of the ABA task force that conducted a comprehensive review and prepared recommendations for modification of NAD operating procedures, which resulted in substantial changes to NAD's rules.
- Lanham Act. Lead counsel in numerous Lanham Act false advertising cases, including many involving applications for emergency relief, on behalf of clients including AT&T, Expedia, Edgewell, MillerCoors, Scotts Company, 3M, Zero Technologies, Dyson, and Kimberly-Clark.
- Class Actions, Commercial and IP Litigation. Defense counsel on consumer class actions, commercial, and IP litigation matters and member of successful trial teams that (a) defeated multi-billion dollar claims of patent infringement against an international chemical products manufacturer, (b) claims of breach of power purchase contracts in the energy industry, and (c) claims of trademark infringement and dilution.
- Counseling and risk management. Chris and his team serve as outside counsel to various Fortune 500 companies, providing and coordinating through Crowell & Moring and a network of global firms, worldwide advice in areas of product regulation, advertising, competition and risk mitigation.
- Pro bono. Chris maintains an active pro bono practice, and was recently awarded the 2015 "Firm Voice" award from the Network for Victims Recovery of D.C., an organization that assists victims of violent crimes to achieve justice through advocacy, case management and legal services.
Affiliations
Admitted to practice: District of Columbia, U.S. District Courts for the District of Columbia, Maryland, and Eastern District of Wisconsin, and U.S. Courts of Appeals for the D.C. Circuit, Federal Circuit, and Court of Veterans Benefits Claims
Memberships
Past Chair and General Counsel, Asthma and Allergy Foundation of America (AAFA)
Chair, ABA Antitrust Section, Committee on Private Advertising Litigation
Chapter Editor, ABA Treatise on Consumer Protection Law and Developments
Highlights, News & Knowledge
Speeches & Presentations
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2017 Advertising Claims Support: Case Histories and Principles, White Sulphur Springs, WV
(April 18, 2017).
Presenters: Christopher A. Cole and Lauren Aronson.
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"Advertising Mock Trial: False, Misleading or Deceptive?" ABA-Antitrust Law 2017 Spring Meeting, Washington, D.C.
(March 28, 2017).
Presenter: Christopher A. Cole.
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"Roundtable Discussion on Marketing and Advertising Law," GMA 2017 Legal Conference, San Diego, CA
(February 27, 2017).
Presenter: Christopher A. Cole.
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Co-Chair, ABA Antitrust Section Consumer Protection Conference
(2017).
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"Claims Substantiation in Novel and Evolving Technologies," 2017 Consumer Protection Conference, Atlanta, GA
(February 2, 2017).
Presenter: Christopher A. Cole.
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"Advertising and Marketing Issues in 2017 and Beyond," Association of Corporate Counsel SoCal Chapter In-House Counsel Conference, Anaheim, CA
(January 26, 2017).
Presenters: Christopher A. Cole and Josh Thomas Foust.
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"Consumer Protection 2.0," Crowell & Moring Webinar
(January 5, 2017).
Presenters: Christopher A. Cole, Peter B. Miller, and Kristin Madigan.
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"Consumer Protection Enforcement Activities and Compliance Strategies," LSI's 25th Annual Seattle Conference on Technology Law, Seattle, WA
(December 2, 2016).
Presenters: Christopher A. Cole and Kristin Madigan.
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“Developing Aggressive Marketing Campaigns in a Hyper-Risk World,” 2016 ANA/BAA Marketing Law Conference, Chicago, IL
(November 10, 2016).
Moderator: Christopher A. Cole.
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Co-Chair, 2016 BAA Annual Law Conference, and Moderator “Advertising Strategies in a Hyper-Risk World.”
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"NAD, NARB & Advertising Self-Regulation: The ABA Report: One Year Later," National Advertising Division Conference 2016, New York, NY
(September 27, 2016).
Presenter: Christopher A. Cole.
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Speaker. 2016 NAD Annual Law Conference, “The ABA Report, One Year Later.”
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"Avoiding Pitfalls When Making Food and Consumer Product Claims," GMA Science Forum, Washington, D.C.
(April 18, 2016).
Presenter: Christopher A. Cole.
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"Risky Business: The Boom in Advertising Enforcement," ABA – 64th Antitrust Law Spring Meeting, Washington, D.C.
(April 7, 2016).
Moderator: Christopher A. Cole.
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"Advertising Law," GMA Legal Conference, Rancho Mirage, CA
(February 24, 2016).
Presenter: Christopher A. Cole.
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"Marketing Solar Energy to Retail Customers: Advertising Claims and SEIA’s Solar Business Code," Webinar
(January 12, 2016).
Presenters: Christopher A. Cole, Richard Lehfeldt and Peter B. Miller.
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"IP Protection: Data Security and Privacy Considerations," Law Seminars International Technology Law Conference, Seattle, WA
(December 12-15, 2015).
Presenter: Christopher A. Cole.
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"IFP's 2015 Advertising Claims and Survey Course," The Institute for Perception, White Sulphur Springs, WV
(April 13-15, 2015).
Presenter: Christopher A. Cole.
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"Litigating Labeling and Adverting Claims," 22nd Annual Legal Symposium on Alcohol Beverage Law & Regulation, Alexandria, VA
(March 15-17, 2015).
Presenter: Christopher A. Cole.
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"Navigating the Lanham Act Litigation Frontier—Determining When to Bring Claims; Fighting for an Injunction; Obtaining Proper Relief," ACI's 4th Advanced Forum on Resolving & Litigating Advertising Disputes, New York, NY
(March 12-13, 2015).
Presenter: Christopher A. Cole.
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"Ask Me Anything! Q & A With A Plaintiff's Attorney," Grocery Manufacturer's Association Litigation Conference, Fort Myers, FL
(February 25, 2015).
Presenter: Christopher A. Cole.
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"Navigating the Lanham Act Litigation Frontier—Determining When to Bring Claims; Fighting for an Injunction; Obtaining Proper Relief," ACI's Advertising Disputes Conference, New York, NY
(November 11, 2014).
Presenter: Christopher A. Cole.
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"Brands in Battle: Comparative Advertising Key Cases," Brand Activation Association 36th Annual Marketing Law Conference, Chicago, IL
(November 6, 2014).
Presenter: Christopher A. Cole.
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"Advertising Practices: Social Media, Endorsements & Overstock," 2014 Retail Law Conference, Charlotte, NC
(October 15-17, 2014).
Presenters: Cheryl A. Falvey, Christopher A. Cole, and David Ervin.
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"Show and Tell: What Message Does Your Product Demonstration Convey?" What's New in Advertising Law, Claim Support & Self-Regulation? NAD Annual Conference 2014, New York, NY
(September 29-30, 2014).
Moderator: Christopher A. Cole.
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"Performance Sportswear Testing & Risk in Advertising," SFIA Legal Task Force Thought Leadership Webinar, Silver Spring, MD
(September 11, 2014).
Panelist: Christopher A. Cole.
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"Private Lawsuits Against False Advertising," IV International Forum of Consumer Protection – Advertising and Law
(August 26-27, 2014).
Presenter: Christopher A. Cole.
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"Retail Privacy and Cybersecurity Seminar: How to Avoid Making the Headlines," Crowell & Moring Seminar
(May 15, 2014).
Presenters: Robin B. Campbell, Christopher A. Cole, Jeffrey L. Poston, and Evan D. Wolff.
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"The Gathering Data Security Storm: Is the Government Helping?" 2014 ANA Advertising Law & Public Policy Conference, Washington, D.C.
(April 23-24, 2014).
Presenter: Christopher A. Cole.
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"What's in a Claim? Principles and Requirements of Claim Substantiation," 35th Annual BAA/PMA Marketing Law Conference, Chicago, Illinois
(November 18-20, 2013).
Panelist: Christopher A. Cole.
Publications
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"Consumer Protection – The FCC and FTC Move into Closer Alignment," Crowell & Moring's Regulatory Forecast 2017
(May 2017).
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"New Private Right of Action in Canada for False or Misleading Electronic Advertising," Crowell & Moring's Retail & Consumer Products Law Observer
(April 27, 2017).
Authors: Christopher A. Cole and Tony Di Domenico.
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"Ad Fraud and Programmatic Buying Are Eroding Trust in Digital Media," Crowell & Moring's Retail & Consumer Products Law Observer
(March 28, 2017).
Author: Christopher A. Cole.
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"The President’s Regulatory Agenda and the FTC," Crowell & Moring's Retail & Consumer Products Law Observer
(March 20, 2017).
Author: Christopher A. Cole.
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"The FTC's Latest Warning Letter Barrage Targets Misuse of Environmental Seals and Certifications," Crowell & Moring's Retail & Consumer Products Law Observer
(September 15, 2015).
Authors: Christopher A. Cole and Peter B. Miller.
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"Here Come the GMO-Free Class Actions," Crowell & Moring's Retail & Consumer Products Law Observer
(September 3, 2015).
Author: Christopher A. Cole.
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"Avoiding Compliance Red Cards After FIFA Scandal," Law360
(July 2, 2015).
Authors: David Ervin, Jeff Severson, and Christopher A. Cole.
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"Regulatory Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"What to Know About Data Broker Legislation," Crowell & Moring's E-Discovery Law Insights
(June 4, 2014).
Co-Authors: Christopher A. Cole and Kathryn A. Linsky.
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"FTC Data Security Authority Remains Murky Despite Wyndham," Law360
(April 8, 2014).
Co-Authors: Christopher A. Cole, Elliot Golding, and Evan D. Wolff.
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"Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2014).
Contributor.
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"California Court Proposes to Assess $6.8 Million Penalty Against Online Discount Retailer For Engaging in Commonly Used Pricing Claims," Crowell & Moring's Retail & Consumer Products Law Observer
(January 10, 2014).
Co-Authors: Christopher A. Cole and Joshua Kaplowitz.
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"Telemarketers Beware: New TCPA Regulations Effective October 16, 2013," Crowell & Moring's Retail & Consumer Products Law Observer
(October 14, 2013).
Co-Authors: Christopher A. Cole, Elizabeth Blumenfeld, and Jeffrey L. Poston.
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"Not as Easy as Advertised: New Challenges in Bringing a Successful § 43(a) False Advertising Case," The Antitrust Source
(August 2013).
Co-Authors: Christopher A. Cole and Jason M. Crawford.
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"A Bitter Loss For POM Signals More FTC Scrutiny," Law360
(March 12, 2013).
Co-Authors: Christopher A. Cole, Bridget E. Calhoun, and Dina Epstein.
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"The U.S. Fourth Circuit Finds That Google AdWords... May Give Rise to Trademark Infringement Claims," E-Commerce Law Reports, Vol. 12, Issue 2
(June 2012).
Author: Christopher A. Cole.
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ABA Section on Antitrust, Consumer Protection Law Developments, "Lanham Act" Chapter
(2011).
Co-Authors: Christopher A. Cole and Michael Bhargava.
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"Challenging a Competitor's False Advertising," Inside Counsel
(October 7, 2010).
Author: Christopher A. Cole.
Client Alerts & Newsletters
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"Recent Happenings in Advertising & Product Risk Management – May 2017,"
Advertising & Product Risk Management Alert
(May 17, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, Michelle Gillette, David Ervin, Lauren Aronson, Josh Thomas Foust, Carolyn W. Wagner, Matthew Cohen, Lauren Bell
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"McGill v. Citibank, N.A.: California Supreme Court Holds Arbitration Clauses Cannot Waive Consumers’ Rights to Seek Public Injunctive Relief "In Any Forum","
(April 10, 2017).
Contacts: Kathleen Taylor Sooy, Christopher A. Cole, Josh Thomas Foust
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"Recent Happenings in Advertising & Product Risk Management – March 2017,"
Advertising & Product Risk Management Alert
(March 27, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, Michelle Gillette, David Ervin, Lauren Aronson, Josh Thomas Foust, Carolyn W. Wagner, Matthew Cohen, Lauren Bell, Brendan Sepulveda
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"Brazil v. Dole: Ninth Circuit Reverses Summary Judgment on Consumer Deception Liability But Upholds Class Decertification,"
(October 4, 2016).
Contacts: Christopher A. Cole, Michelle Gillette, Josh Thomas Foust
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"Sports Stars Take on Video Game Makers: Right of Publicity or First Amendment? The Supreme Court May Decide,"
Advertising & Product Risk Management Alert
(January 29, 2016).
Contact: Christopher A. Cole
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"Third Circuit Upholds the FTC's Authority to Regulate 'Unfair' Data Security Practices,"
Privacy Law Alert
(August 26, 2015).
Contacts: Jeffrey L. Poston, Christopher A. Cole, Peter B. Miller, Kate M. Growley
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"Brand Protection on the Internet: Ninth Circuit Decision Reconsiders Doctrine of Initial Interest Confusion,"
Advertising & Product Risk Management Alert
(July 2015).
Contacts: Christopher A. Cole, Preetha Chakrabarti
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"Avoiding Compliance Red Cards After the FIFA Scandal: Anti-Corruption Considerations for Sponsors and Sports Marketing Companies,"
Advertising & Product Risk Management Alert
(June 8, 2015).
Contacts: David Ervin, Christopher A. Cole, Glen G. McGorty, Stephen M. Byers, Jeff Severson
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"The D.C. Circuit's POM Wonderful Decision: New Precedent for Advertisers Making Disease and Health Claims,"
Advertising & Product Risk Management Alert
(February 19, 2015).
Contacts: Christopher A. Cole, David Ervin, Peter B. Miller
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"In a Bellwether FTC Settlement, Advertiser Agrees to Pay Consumer Redress for Product Claims Made During Talk Shows,"
Advertising & Product Risk Management Alert
(February 2, 2015).
Contacts: Christopher A. Cole, David Ervin, Peter B. Miller
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""Made in America": Qualified Claims and New Class Actions in California ,"
Advertising & Product Risk Management Alert
(November 21, 2014).
Contacts: Christopher A. Cole, John B. Brew
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"Think of the Children: Guidelines for Advertising Food and Alcohol,"
Advertising & Product Risk Management Alert
(October 17, 2014).
Contact: Christopher A. Cole
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"FTC Warns Retailers to Police Their Products' Deceptive Concussion Prevention Claims,"
Advertising & Product Risk Management Alert
(September 18, 2014).
Contacts: Christopher A. Cole, Kevin C. Mayer
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""Made in America" Claims: the Landscape, FTC Guidance, and Tips for Manufacturers and Marketers,"
Advertising & Product Risk Management Alert
(September 18, 2014).
Contacts: Christopher A. Cole, Cheryl A. Falvey
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"Stricter Rules for Fuel Economy Advertising Are on the Horizon, But Are Unlikely to Put the Brakes on Consumer Class Actions,"
Advertising & Product Risk Management Alert
(July 31, 2014).
Contacts: Christopher A. Cole, Daniel T. Campbell
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"Supreme Court Permits Lanham Act Challenge to Beverage Label Regulated by the FDA,"
Advertising & Product Risk Management Alert
(June 13, 2014).
Contact: Christopher A. Cole
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"Terrell McSweeny Confirmed as Fifth FTC Commissioner,"
Advertising & Product Risk Management Alert
(April 10, 2014).
Contact: Christopher A. Cole
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"Wyndham Decision Upholds FTC Authority to Regulate Data Security,"
Privacy Law Alert
(April 8, 2014).
Contacts: Jeffrey L. Poston, Christopher A. Cole, Evan D. Wolff
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