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We advise and counsel our clients on the full range of advertising and marketing issues, including:

  • Developing and defending product performance and consumer preference claims.
  • Substantiating environmental, health, and safety claims about products and their manufacturing processes.
  • Creating compliant promotional activities involving sweepstakes, gift cards and other loyalty programs, and native advertising.
  • Managing risk in the use of social media and new technologies.
  • Protecting security and privacy in the collection, use, and disclosure of consumer data in advertising and sales transactions.
  • Negotiating and drafting marketing, sponsorship, endorsement, and promotion agreements.
  • Addressing copyright, trademark, licensing, and right of publicity concerns.
  • Responding to false and misleading competitor advertising and marketing practices.

In the last decade, our lawyers have handled some of the most significant competitor advertising disputes in federal court under the Lanham Act and before the National Advertising Division (NAD). We also have defended claims of fraud and deception in the marketing and advertising of products and services, including false advertising and unfair competition cases brought by the FTC or the state attorneys general, and consumer class action litigation. We have deep experience in designing claims substantiation research, helping to bullet-proof your companies’ valuable claims against competitor challenge. We have particular depth in consumer survey and preference research, and regularly work with the nation’s best third-party experts on such issues.

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"Expansion of Section 230 of U.S. Communications Decency Act with July 1 implementation of U.S.-Mexico-Canada Agreement (USMCA) ," (July 1, 2020). Contacts: Robert Holleyman, Christopher A. Cole, Michelle Ann Gitlitz
Client Alert/Newsletter
INSIGHT: How To Manage Price Increases Without Triggering An Investigation (June 26, 2020). Authors: Clayton S. Friedman, Holly A. Melton, and Suzanne Trivette.
"NHTSA Continues its Focus on Advancing Autonomous Vehicle Technologies," (June 25, 2020). Contacts: Rebecca Baden Chaney, Cheryl A. Falvey, Rukiya Mohamed
Client Alert/Newsletter
Excerpts From How Firms, State And Local Government Attorneys Can Conquer Top Challenges (June 25, 2020)
Media Mentions
"FTC's Proposed Made in USA Rule Would Allow Civil Penalties," Advertising & State AG Alert (June 24, 2020). Contacts: Christopher A. Cole, Lauren Aronson
Client Alert/Newsletter
Facebook’s New Content Moderation Appeals Process (June 23, 2020). Author: Christopher A. Cole.
Attorneys Say FTC Enforcement Unlikely After Trump’s Social Media EO Washington Internet Daily (June 12, 2020)
Media Mentions
Agencies Face Limited Options For Twitter Crackdowns Law360 (June 2, 2020)
Media Mentions
"President Trump’s Social Media Executive Order Would Restrict Legal Protections for Internet Speech," Advertising & State AG Alert (May 29, 2020). Contacts: Christopher A. Cole, Kayvan M. Ghaffari
Client Alert/Newsletter
"Eleventh Circuit Holds that Plaintiff Lacks Standing in Cheerios Glyphosate Lawsuit," Mass Tort, Product, and Consumer Litigation Alert (May 29, 2020). Contacts: Peter C. Condron, Christopher A. Cole, William L. Anderson
Client Alert/Newsletter

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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