Nicholas Pung

Associate | He/Him/His

Overview

Nicholas (Nick) Pung is an associate in Crowell & Moring’s Advertising and Brand Protection and Antitrust and Competition groups. He creatively leverages his government, regulatory, and marketing background to help clients meet their business and legal objectives. His practice spans transactions, investigations, litigation, compliance, and regulatory advice.

In his advertising and brand protection practice, Nick provides counsel on a range of issues and agency actions, including Federal Trade Commission (FTC) investigations, new product launches, marketing and sponsorship agreements, claim substantiation, trademark infringement, and internet domain transfers. As part of his antitrust and competition practice, Nick advises clients on proposed acquisitions and assists with ongoing litigation and filings.

Nick also maintains an active pro bono practice, including legal research to inform proposed legislation.

While in law school, Nick was an intern at the FTC Anticompetitive Practices Division and the Office of Consumer Protection of the District of Columbia Office of the Attorney General, where he conducted legal research, reviewed investigative documents, and drafted litigation materials including complaints and inquiry letters. Additionally, Nick completed an internship at the National Advertising Division (NAD) of BBB National Programs, where he reviewed NAD precedent and drafted decisions.

Nick worked in brand management at a multinational appliance manufacturer prior to law school, leading joint marketing activations with retailers as part of the shopper marketing team.

Career & Education

    • Federal Trade Commission
      Legal Intern, Anticompetitive Practices Division, 2022
    • District of Columbia
      Legal Intern, Office of the Attorney General for the District of Columbia, Office of Consumer Protection, 2023
    • Federal Trade Commission
      Legal Intern, Anticompetitive Practices Division, 2022
    • District of Columbia
      Legal Intern, Office of the Attorney General for the District of Columbia, Office of Consumer Protection, 2023
    • Legal Extern, National Advertising Division, BBB National Programs, 2023
    • Shopper Marketing Assistant Brand Manager, Whirlpool Corporation, 2019–2021
    • Legal Extern, National Advertising Division, BBB National Programs, 2023
    • Shopper Marketing Assistant Brand Manager, Whirlpool Corporation, 2019–2021
    • The George Washington University Law School, J.D., with honors, 2024
    • University of Michigan, BBA, with high distinction, 2019
    • The George Washington University Law School, J.D., with honors, 2024
    • University of Michigan, BBA, with high distinction, 2019
    • District of Columbia
    • District of Columbia

Nicholas's Insights

Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....

Nicholas's Insights

Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....