Holly Melton is a co-lead of Crowell & Moring’s Advertising & Media Practice, a member of our firm’s ESG Advisory Group, and a partner in the New York office. Holly focuses on counseling advertising, marketing, and consumer goods and services companies in complex investigations and enforcement matters initiated by the Federal Trade Commission, state attorneys general, and other local law enforcement agencies. Holly has substantial litigation experience defending clients against consumer class actions. She also represents clients in initiating and defending against competitive challenges to advertising and marketing practices before the National Advertising Division of the Council of Better Business Bureaus, and in federal court. A significant part of Holly’s practice is counseling companies on ESG or environmental benefit claims (such as recyclability, compostability, or sustainability) in marketing and advertising claims.
In addition, her practice focuses on counseling clients regarding claim substantiation, necessary disclaimers, and compliance with applicable laws, including Section 5 of the FTC Act, the Restore Online Shoppers' Confidence Act (ROSCA), the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), and state laws governing advertising practices, including unfair and deceptive practices statutes, unfair competition, and false advertising laws. Holly counsels clients regarding compliance with FTC guidance, including the Green Guides, the Guides Concerning the Use of Endorsements and Testimonials in Advertising, the .com Disclosures guidance, and the Enforcement Policy on Deceptively Formatted Advertising, which governs native advertising. Placing high value on understanding clients' businesses, Holly stays abreast of client industry developments, as well as those in the fast-paced advertising industry.
Holly is ranked in Chambers USA for Advertising Litigation. She has been described as “an excellent advocate and valuable counselor on a range of sophisticated advertising and marketing law issues." She is also recognized by Legal 500 for Advertising and Marketing Litigation and Transactional and Regulatory work, and by Best Lawyers in America for Advertising Law and Media Law.
Holly is a member of the Antitrust Law Consumer Protection Section of the American Bar Association and the New York City Bar Association. Holly also devotes time to pro bono cases. She represented a Venezuelan individual seeking asylum due to abuses suffered in his country of origin based on his sexual orientation. She also participated in a workshop devoted to low-income individuals looking to start businesses, advising on appropriate designations and compliance.
During law school, Holly served as the candidates editor for the Houston Journal of International Law.
Education
- University of Texas at Austin, B.A. government (1997) summa cum laude
- University of Houston Law Center, J.D. (2000) cum laude; Candidates Editor, Houston Journal of International Law
Affiliations
Professional Activities and Memberships
- American Bar Association
- Section of Antitrust Law: Consumer Protection
- New York City Bar Association
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