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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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"FDA Cracks Down on Health Claims in CBD Advertisements," Mass Tort, Product, and Consumer Litigation Alert (December 10, 2019). Contacts: Kevin C. Mayer, John Fuson, Lauren Aronson
Client Alert/Newsletter
"Does the FTC’s Recent Influencer Guidance Address Robots?," Advertising & Product Risk Management Alert (December 6, 2019). Contact: Holly A. Melton
Client Alert/Newsletter
"Handling the Aggressive Marketer," 2019 ANA/BAA Marketing Law Conference, San Diego, CA (November 2019). Panelist: Lauren Aronson.
Speech/Presentation
"NCAA Vote Opens Door to Potential Endorsements in College Athletics," Advertising & Product Risk Management Alert (November 7, 2019). Contact: David Ervin
Client Alert/Newsletter
Will the FTC Crack Down on Online Influencers? (November 6, 2019). Authors: Lauren Aronson and Helen Osun.
Publications
Crowell & Moring Earns 48 Practice Area Rankings from U.S. News & World Report – Best Lawyers (Nov.05.2019)
Firm News/Announcement
The New York Law Journal Names Partner Ilana Lubin a Rising Star (Oct.24.2019)
Firm News/Announcement
"Who is Watching the Ads? The Biggest Mistakes Advertisers Make that Trigger Investigations," Our Curious Amalgam Podcast (October 21, 2019). Speaker: Christopher A. Cole.
Speech/Presentation
"Rulemaking on the Way? The FTC is Seeking Input by October 11 on its "Made in USA" Claims Policy," Advertising & Product Risk Management Alert (October 2, 2019). Contact: Lauren Aronson
Client Alert/Newsletter
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement

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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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