As economic factors squeeze advertising budgets and advertising content becomes more aggressive, companies are closely monitoring their competitors' ads for false or misleading claims. Government regulators and the plaintiffs' bar have been quicker to initiate investigations and lawsuits. It's not uncommon for an advertising campaign to face multiple and simultaneous challenges by a competitor, regulator and consumer class action lawyer.
Prosecuting and Defending False Advertising Claims
Experience matters—and we have one of the nation's deepest benches of lawyers who are dedicated to handling advertising litigation and regulatory inquiries. We've won some of the most important advertising cases of the past two decades. Our cases include federal and state court trials, FTC investigations and enforcement actions, National Advertising Division (NAD) proceedings, and individual and multistate enforcement actions brought by state attorneys general.
Managing Multiforum Cases
In addition to litigating novel competitive and comparative false or deceptive advertising claims in court, we have sparred outside the courtroom with the FTC's Division of Advertising Practices, state attorneys general and in NAD proceedings. We've also managed and coordinated the defense of many multiforum cases, so we're familiar with their unique challenges—from the weight an NAD decision carries with the FTC to the possibility that nonsimultaneous settlements will produce inconsistent remedial obligations.
We harness the power of our leading advertising group to provide you with seamlessly integrated counsel. Our advertising lawyers have extensive knowledge of advertising law and doctrines, are well-versed in new media marketing campaigns and have a keen understanding of our clients' marketing objectives and strategies.
Better Evidence Through Science
We have embraced the scientific method in our litigation strategy and have retained many of the nation's leading consumer researchers at universities and top consulting firms to evaluate competitor and client ads for false or misleading claims. Through the use of empirical and measurable evidence, we can help you develop and strengthen the evidence necessary to prove your claims or refute those of your competition.
Experience Across Brand Categories, Media Types
Through our long-standing representation of marketing communications agencies and advertisers, we've seen a lot of advertising trends and challenges—to content and placement across television, radio and print; to direct mail, billboards and endcaps; and to Internet, mobile devices and social media. We also have experience with every type of partnering arrangement.
Who we work with
We work with leading businesses, from emerging companies to Fortune 500, who want creative, intelligent ways to meet challenges and opportunities.
What we do
- Lanham Act suits
- NAD proceedings
- Consumer class actions
- FTC investigations
- State regulatory enforcement actions