Consumer Class Actions

In recent years, every detail of advertising and marketing has come under scrutiny by enterprising class-action plaintiffs’ counsel. Our first priority is to counsel clients to give consumer classes no legitimate basis for a complaint.  When they do sue, we litigate from a position of strength, pushing plaintiffs hard on the merits of their claims and the viability of their purported classes and damages models.Our attorneys have had the experience of:

National Advertising Division

NAD is America’s premier alternative forum for the resolution of advertising disputes among competitors.  Our attorneys have been appearing before NAD for decades, including participation in the 2015 assessment of advertising self-regulation by committees of the American Bar Association Antitrust Section.  On behalf of challengers, our lawyers have secured difficult victories, including convincing NAD to recommend, and the NARB to affirm on appeal, discontinuation of an advertiser’s trademarked brand name as inherently deceptive.  Just a few of the cases our attorneys have handled at NAD, either as challenger or advertiser, include:

Lanham Act Advertising Litigation

Advertising disputes between competitors sometimes escalate to the point where a plaintiff feels it needs enforceable injunctive relief or monetary damages. In such situations, the federal Lanham Act provides a federal cause of action for false advertising. Our attorneys have litigated Lanham Act advertising cases all the way through jury trial on both sides of the “v.”, and in all parts of the country, with experience including:

Government Investigations and Enforcement

Unfair and deceptive practices are policed at all levels of government.  The Federal Trade Commission enforces the FTC Act and several other federal statutes, bringing investigations and actions that require advertisers to substantiate their marketing claims.  State Attorneys General often have similar authority under their states’ “little FTC Acts” and other state unfair and deceptive trade practice laws. Even counties and municipalities enforce local consumer protection laws on subjects such as false “sale” pricing. We zealously represent our clients in the Beltway, the state capitals, and in local jurisdictions across the country. Our attorneys’ cases include: