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
Admitted to practice: New York, Texas (inactive), U.S. District Court for the Southern District of New York, U.S. District Court for the Southern District of Texas
Memberships
- American Bar Association
- Section of Antitrust Law: Consumer Protection
- New York City Bar Association
Speeches & Presentations
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"The Emerging Litigation Danger for Brands," 2021 ANA/BAA Marketing Law Conference, San Diego, CA
(November 15 - 17, 2021).
Speakers: Christopher A. Cole and Holly A. Melton.
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"Federal Consumer Protection Turns Blue," Crowell & Moring Webinar
(February 24, 2021).
Presenters: Lauren Aronson, Christopher A. Cole, Kristin J. Madigan, and Holly A. Melton.
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"Supply Chain Considerations for Retail’s New Normal," Crowell & Moring Webinar
(August 5, 2020).
Presenters: Michelle Ann Gitlitz, Holly A. Melton, David R. Stepp, and Helen Osun.
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"Post Pandemic Litigation Outlook," ANA Legal Webinar
(July 14, 2020).
Presenters: Thomas P. Gies, Mana Elihu Lombardo, Holly A. Melton, and Amanda Shafer Berman.
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"Pricing Items in an Anti-Price Gouging World," Crowell & Moring Webinar
(June 2, 2020).
Presenters: Clayton S. Friedman, Holly A. Melton, Natalie O. Ludaway, and Michael Yaghi.
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"Rules of the Road for Marketing and Advertising on Social Media," FDLI 2019 Food Advertising, Labeling, and Litigation Conference
(September 26, 2019).
Moderator: Holly A. Melton.
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"FTC’s Regulatory and Enforcement Outlook," ACC In-House Counsel Conference, Anaheim, CA
(January 23, 2019).
Speakers: Holly A. Melton and Valerie M. Goo.
Publications
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"Does the FTC’s Recent Influencer Guidance Address Robots?" The Journal of Robotics, Artificial Intelligence & Law
(September 2020).
Author: Holly A. Melton.
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"INSIGHT: How To Manage Price Increases Without Triggering An Investigation," Bloomberg Law
(June 26, 2020).
Authors: Clayton S. Friedman, Holly A. Melton, and Suzanne Trivette.
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"Tokyo Olympics Move May Spark Wave Of Contract Litigation," Law360
(March 30, 2020).
Authors: Christopher A. Cole, David Ervin, and Holly A. Melton.
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"Advertisers Beware: Regulators Cracking Down on False Coronavirus Claims," Crowell & Moring's Retail & Consumer Products Law Observer
(March 17, 2020).
Authors: Holly A. Melton and Lauren Aronson.
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"Advertising – False Advertising Claims: Opting for Court," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributor: Holly A. Melton.
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"Antitrust Risks Beyond The Deal: When Merger Investigations Lead To Civil/Criminal Antitrust Charges And Costly Follow-On Litigation," Westlaw Journal White-Collar Crime
(February 15, 2019).
Authors: Juan A. Arteaga, Olivier N. Antoine, and Holly A. Melton.
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"Video Games," The Licensing Journal, Vol. 38 No. 6
(June/July 2018).
Co-Author: Holly A. Melton.
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"Cos. Pursued By FTC Show How Not To Sell Health Products," Law360
(October 19, 2017).
Author: Holly A. Melton.
Client Alerts & Newsletters
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"Made in USA Settlement for Chinese Imports,"
Advertising & State AG Alert
(April 15, 2021).
Contacts: Lauren Aronson, Holly A. Melton, Preetha Chakrabarti, Tiffany Aguiar
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"Attorneys General Target Unsupported Medical Treatment Claims,"
Advertising & State AG Alert
(July 24, 2020).
Contacts: Lauren Aronson, Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Pricing in an Anti-Price Gouging World,"
Advertising & State AG Alert
(May 27, 2020).
Contacts: Clayton S. Friedman, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
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"Businesses Face Price Gouging Concerns Amid COVID-19 Crisis,"
Advertising & State AG Alert
(March 31, 2020).
Contacts: Holly A. Melton, Christopher A. Cole, Clayton S. Friedman, Suzanne Trivette
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"2020 Tokyo Olympics Postponed Due to COVID-19: What Can Advertisers and Other Affected Parties Do?,"
Advertising & State AG Alert
(March 25, 2020).
Contacts: Christopher A. Cole, David Ervin, Holly A. Melton
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"Does the FTC’s Recent Influencer Guidance Address Robots?,"
Advertising & State AG Alert
(December 6, 2019).
Contacts: Holly A. Melton, Suzanne Trivette
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"Antitrust Risks Beyond the Deal: When Merger Investigations Lead to Civil/Criminal Antitrust Charges and Costly Follow-On Litigation,"
Antitrust Law Alert
(January 14, 2019).
Contacts: Juan A. Arteaga, Olivier N. Antoine, Holly A. Melton
Media Mentions
Firm News & Announcements