Professional Experience
Chris Cole, a partner in Manatt’s Washington, D.C. office, practices complex commercial litigation. His clients include some of the world’s leading companies in industries such as food and beverages, media and telecommunications, and consumer products. As an integral part of his practice, Mr. Cole regularly advises regarding the development, substantiation, approval and defense of advertising campaigns. He frequently represents companies that require overlapping and multifaceted solutions, not only in court, but also before federal regulatory agencies such as the FTC, FDA and EPA. Drawing on his advanced training in the sciences, Mr. Cole has a particular strength in working both with and against technical experts.
In addition to his courtroom experience, Mr. Cole regularly appears before the National Advertising Division (NAD), where he has achieved some of the most notable results for his clients in that forum over the last decade.
Mr. Cole has earned national accolades for his work in the area of false advertising litigation. Chambers USA, which ranks firms and lawyers, quotes clients who have described Mr. Cole as an “incredibly responsive, cost-conscious, high-quality advertising expert.” In addition to advertising litigation of all types, his case load includes matters involving intellectual property, unfair competition, consumer class action, commercial litigation and defense of government enforcement proceedings.
Mr. Cole is a highly sought-after speaker on advertising litigation issues and a frequent media commentator on legal developments in the area, having been quoted in publications such as the New York Times, Business Week, Bloomberg, and Law360.
Education
Boston University School of Law, J.D., magna cum laude, 1992.
Articles Editor, Boston University Law Review.
Ordronaux Prize, Top Overall Student in Graduating Class.
University of Miami, M.S., Marine Biology, 1989.
Rosenstiel Fellowship.
Yale University, B.S., Biology, 1987.
Representative Matters
Verizon, Smartphone Advertising, NAD 2012. Counsel to AT&T in challenge to Verizon’s advertising claims that its smartphones are twice as fast as any AT&T smartphone.
Beachbody v. ICON, C.D. Cal. 2011. Counsel to Beachbody in Lanham Act false advertising litigation regarding comparative fitness claims.
Brita v. Zero Technologies, LLC, E.D.VA. 2010. Counsel to defendant in Lanham Act false advertising litigation involving allegedly false claims regarding water filter performance. Case settled.
Kimberly-Clark Corp., VIVA paper towels, NAD 2011. Counsel to Kimberly-Clark in defense of challenge by Procter & Gamble to absorbency claims for paper towels.
Comcast Xfinity Bundled Telecommunications Services, NAD 2012. Counsel to AT&T in challenge to Comcast’s claims for Xfinity telecommunications services.
Zero Technologies, LLC, Zero Pitcher, NAD 2010. Counsel to Zero in challenge by Procter & Gamble to claims for water pitcher filtration devices.
Expedia and Hotels.com v. Priceline.com, W.D. Wash. 2009. Counsel to plaintiffs in Lanham Act false advertising litigation challenging claims by Priceline regarding cost savings.
3M Corp. v. Clarcor Air Filtration Products, E.D.VA. 2009. Counsel to 3M in Lanham Act false advertising litigation against competing manufacturer of high-end, home furnace filters.
MillerCoors, Taste Protector Cap & Bottle, NAD 2010. Counsel to MillerCoors in challenge by Anheuser-Busch to claims for packaging technology.
Time Warner Cable Co., NAD 2010. Counsel to AT&T in challenge to claims made by TWC regarding AT&T’s U-verse television and Internet service.
Kimberly Clark Co. v. Procter & Gamble, S.D.N.Y 2008. Counsel for Kimberly Clark in Lanham Act false advertising litigation against Procter & Gamble regarding comparative privacy claims for Pampers Goodnites absorbent youth pant products.
General Mills, Yo-Plus Yogurt, NAD 2008. Counsel to General Mills in defense of advertising challenge by Dannon to claims of efficacy for probiotics in yogurt.
Illinois Bell Telephone, Inc. dba AT&T Illinois v. Comcast Corp., et al, N.D.Ill. 2008. Counsel for AT&T in Lanham Act false advertising litigation against Comcast regarding advertisements unfairly depicting the placement, size and appearance of utility boxes installed to provide U-verse television service offerings.
Dyson, Inc. v. Maytag Corporation, D.Del. 2007. Counsel for Dyson in Lanham Act false advertising action brought by Hoover and Maytag to stop Dyson’s iconic “No Loss of Suction” advertising claim.
OMS Investments, Inc. [Scotts Miracle-Gro] v. Terracycle, D.N.J. 2007. Represented Scotts in Lanham Act challenge to comparative efficacy claims made by Terracycle in advertising for its organic, “worm poop” garden products.
FTC v. FTN Promotions, et al., M.D.Fl. 2007. Defended telemarketing fraud case brought under Section 5 of FTC Act that alleged serious violations of the telemarketing sales rule.
FTC v. QVC et al., E.D. Pa. 2005. Defended maker of weight loss dietary supplements that were allegedly promoted in an unfair or misleading manner on QVC network.
Miller Brewing Co. v. Anheuser-Busch, Inc., E.D. Wisc. 2004. On behalf of Miller, obtained preliminary injunction against advertisements falsely claiming that Miller was owned by South African Breweries and is not American
Memberships & Activities
Admitted to practice in the District of Columbia (inactive status in Massachusetts); United States District Courts for the District of Columbia, Maryland, and Eastern District of Wisconsin, and United States Courts of Appeals for the D.C. Circuit, Federal Circuit, and Court of Veterans Benefits Claims.
Pro bono: Mr. Cole has handled numerous veterans’ benefits appeals on behalf of U.S. veterans seeking to obtain disability benefits. He consults for environmental advocacy organizations.
Director and Immediate Past Chair, Asthma and Allergy Foundation of America (AAFA).
Vice Chair, ABA Antitrust Section, Committee on Private Advertising Litigation.
Honors & Awards
Named in 2006 as one of the “500 New Stars, New Worlds” in the Lawdragon guide (www.lawdragon.com).
The Best Lawyers in America, 2010-2012.
Chambers & Partners, Advertising Litigation, 2010, 2011.
Legal 500, Cited for Advertising Law, 2009, 2011.
Super Lawyers, Washington, D.C., 2009-2012.
Publications
"Challenging a Competitor's False Advertising," Inside Counsel, October 7, 2010.
Co-Author, “Climate Change: 'Green' Is So Appealing,” New York Law Journal, September 15, 2008.
“Green Marketing: Avoiding Unwanted Attention from Regulators and Lawyers,” WLF Legal Backgrounder, Vol. 23, No. 19, May 16, 2008.
“Client Strategies,” Chapter in Inside the Minds: Advertising and Marketing Law, Aspatore Books, 2007.