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    False and Misleading Advertising Litigation & Protection

    Our False and Misleading Advertising Litigation & Protection team is at the forefront of unfair advertising issues on a global basis. In the US, we have substantial experience handling some of the country’s most high-profile claims of false or misleading advertising and unfair competition litigation under the Lanham Act, which addresses claims between competitive enterprises, and sometimes entire industries –both for plaintiffs and defendants. We also regularly represent clients in this space defending against consumer claims, frequently brought as putative class actions. Additionally, we advocate for our clients on important compliance and legislative issues before the National Advertising Division of the Better Business Bureau, Federal Trade Commission,  Food and Drug Administration, Consumer Product Safety Commission, Consumer Financial Protection Bureau, and Federal Deposit Insurance Corporation.

    In other markets, such as the EU and the UK, we advise clients on some of the issues most prominent in the public discourse under the Trade Marks Act, Unfair Commercial Practices Directive, Comparative and Misleading Marketing Directive, the local implementing legislation and regulatory codes. Importantly, for clients with cross-border businesses, we also regularly provide advice and counsel, including pre-launch advertising clearance reviews and advertising-related investigations, to minimize the potential risks of future litigation. Our opinions about related laws and legislation are regularly sought and quoted by the media.

    Our team brings a comprehensive perspective to false and misleading advertising issues. Our team is multidisciplinary and includes intellectual property and technology (IP&T) lawyers; litigators who focus primarily on false advertising and unfair business practices claims; legislative policy and regulatory lawyers who routinely advocate on behalf of our clients before Congress, national parliaments and regulatory agencies; and colleagues advising on media and advertising counseling and transactions.

    By leveraging this multidisciplinary and transnational depth, we provide clients a comprehensive suite of marketing, false advertising and advocacy services:

    • Developing successful and compliant marketing campaigns – on a global basis
    • Defending the fairness and accuracy of those campaigns
    • Preventing or stopping competitors from engaging in unfair competition, including false or misleading advertising
    • Defending against similar charges brought by competitors or by consumers, whether as individuals, advocacy groups or putative class actions
    • Enforcing and defending the use of trademarks, copyrights and trade dress rights
    • Engaging with regulators such as advertising standards and trading standards

    Litigation Counsel

    We represent clients in all manner of individual, consumer class action and parallel government litigation (e.g., actions brought by state attorneys general), including:

    • Prosecuting and defending all claims under the Lanham Act
      • False advertising
      • Anticounterfeiting issues
      • Trade-dress and trademark infringement
      • Telephone Consumer Protection Act (TCPA) claims
    • Other false advertising claims, including unfair business practices, competition, business and trade practices
    • Social media and internet advertising
    • Failure to warn-related litigation
    • Antitrust-related claims
    • Defense of NAD and FTC challenges
    • Privacy and publicity claims
    • Endorsements and testimonials
    • Defamation lawsuits

    Advisory Counsel

    We also review and assess all areas of potential exposure and commercial viability of our clients’ marketing programs at the state, federal, country-by-country and global level, including:

    • Advertising, marketing, product assertion and warranty portfolio
    • Trademark and brand portfolio
    • Sweepstakes and promotions
    • Green marketing claims under the FTC’s Guidelines for the Use of Environmental Marketing Claims
    • Market risk evaluation
    • Crisis management
    • CPSC’s warning label requirements, including state-specific requirements, such as California’s Proposition 65
    • Regulatory counsel
    • Congressional investigation counsel
    • Compliance programs
    • Corrective action programs
    • Product recalls

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