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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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The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (Aug.16.2019)
Firm News/Announcement
Buerkle Withdraws Her Nomination to Lead Product Safety Agency (June 20, 2019). Authors: Rachel Raphael and Matthew Cohen.
Publications
"California’s Proposition 65 – 'The Road to Hell . . . .'" 2019 ASPA Spring Meeting, Charlotte, NC (June 18, 2019). Presenter: Kevin C. Mayer.
Speech/Presentation
New Technology is the New Wave in Consumer Protection: Is Your Company Ready? (June 11, 2019). Authors: Cheryl A. Falvey, Carolyn W. Wagner and Jessica D.Gilbert.
Publications
Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.29.2019)
Firm News/Announcement
"Recalls Gone Wrong," PLAC Webinar (April 10, 2019). Panelist: Cheryl A. Falvey.
Speech/Presentation
"Courting IoT: The Latest IoT Litigation and Liability Issues," ABA’s 4th Annual IoT National Institute, Washington, D.C. (March 28, 2019). Panelist: Cheryl A. Falvey.
Speech/Presentation
EDRM’s TAR Guidelines: Validity Measures and Considerations for Practitioners (March 13, 2019). Authors: Genevieve Moreland and Kate M. Watkins.
Publications
"What the CPSC Looks for When Dealing with Recreational Products," 2019 DRI Product Liability Conference, Austin, TX (February 6, 2019). Presenter: Cheryl A. Falvey.
Speech/Presentation
"The Internet of Things: Everything Will Be Connected," ABA Webinar (January 14, 2019). Panelist: Cheryl Falvey.
Speech/Presentation

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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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