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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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New York Law Journal Names Partners Glen McGorty a Distinguished Leader and Ilana Lubin a Rising Star for 2019 (Jun.19.2019)
Firm News/Announcement
Fashion's Nostalgia And The Infringement Trap Women's Wear Daily (May 13, 2019)
In the News
Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.29.2019)
Firm News/Announcement
"Digital Advertising: Data Protection Risks and Challenges," Comeos, Data Protection Working Group, Brussels, Belgium (April 23, 2019). Speaker: Maarten Stassen.
Speech/Presentation
"Guidance on Reliable Testing to Support your Advertising Claims," National Advertising Division West Coast Conference, Los Angeles, CA (March 2019). Moderator: Lauren Aronson.
Speech/Presentation
"FTC’s Regulatory and Enforcement Outlook," ACC In-House Counsel Conference, Anaheim, CA (January 23, 2019). Speakers: Holly A. Melton and Valerie M. Goo.
Speech/Presentation
Government Shutdown Does Not Postpone Product Safety Reporting Obligations (January 4, 2019). Authors: Cheryl A. Falvey and Carolyn W. Wagner.
Publications
"Is This the "3ve" of the Digital Ad Fraud Age?," Advertising & Product Risk Management Alert (December 20, 2018). Contacts: David Ervin, Lauren Aronson
Client Alert/Newsletter
Advertising Litigator Holly Melton Joins Crowell & Moring as Partner in New York (Oct.22.2018)
Firm News/Announcement
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Oct.15.2018)
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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