Holly A. Melton

Holly Melton is a co-lead of Crowell & Moring’s Advertising & Media Practice and a partner in the New York office. Holly focuses on counseling advertising, marketing, and consumer goods and services companies in complex investigations and enforcement matters initiated by the Federal Trade Commission, state attorneys general, and other local law enforcement agencies. Holly has substantial litigation experience defending clients against consumer class actions. She also represents clients in initiating and defending against competitive challenges to advertising and marketing practices before the National Advertising Division of the Council of Better Business Bureaus, and in federal court.

In addition, her practice focuses on counseling clients regarding claim substantiation, necessary disclaimers, and compliance with applicable laws, including Section 5 of the FTC Act, the Restore Online Shoppers' Confidence Act (ROSCA), the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), and state laws governing advertising practices, including unfair and deceptive practices statutes, unfair competition, and false advertising laws. Holly counsels clients regarding compliance with FTC guidance, including the Green Guides, the Guides Concerning the Use of Endorsements and Testimonials in Advertising, the .com Disclosures guidance, and the Enforcement Policy on Deceptively Formatted Advertising, which governs native advertising. Placing high value on understanding clients' businesses, Holly stays abreast of client industry developments, as well as those in the fast-paced advertising industry.

Holly is ranked in Chambers USA for Advertising Litigation. She has been described as “a strong advocate” and “an exceptional litigator" who “has a deep knowledge of the space and is also more on the strategic side.” She is also recognized by Legal 500 for Advertising and Marketing Litigation and Transactional and Regulatory work, and by Best Lawyers in America for Advertising Law and Media Law.

Representative Matters

• Represented a lawn and garden products company in connection with a challenge to competitive advertising before the National Advertising Division.
• Resolved an FTC investigation against a multichannel network regarding testimonials and endorsements.
• Defended a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA.
• Resolved a state attorney general investigation against a personal care products company alleging violations of ROSCA. 
• Negotiated the resolution of a state attorney general investigation against a publishing company in connection with negative option marketing practices.
• Defended a social network against unfair competition, false advertising, right of publicity, and related claims brought by various plaintiffs, as well as several state attorneys general.
• Defended a cosmetics conglomerate in numerous class actions involving claims of false advertising and unfair competition.
• Defended a publishing conglomerate in high-risk litigation and arbitration relating to indemnity matters arising from a corporate acquisition and a trademark licensing agreement.
• Represented a pharmaceutical company in responding to an advertising challenge before the National Advertising Division and an appeal before the National Advertising Review Board.

Holly is a member of the Antitrust Law Consumer Protection Section of the American Bar Association and the New York City Bar Association. Holly also devotes time to pro bono cases. She represented a Venezuelan individual seeking asylum due to abuses suffered in his country of origin based on his sexual orientation. She also participated in a workshop devoted to low-income individuals looking to start businesses, advising on appropriate designations and compliance.

Holly received her J.D. cum laude from the University of Houston Law Center, where she served as the candidates editor for the Houston Journal of International Law. She received her B.A. summa cum laude in government from the University of Texas.

Affiliations