Photograph of Holly A. Melton

Holly A. Melton

Partner


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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Practices

Advertising and Media

Investigations

Privacy and Cybersecurity

Litigation & Trial

Technology and Brand Protection

State Attorneys General Practice

Trademark Litigation

Digital Advertising

False Advertising Disputes and Litigation

Risk Prevention and Compliance Counseling

Show more practices…

  • Represented a lawn and garden products company in connection with a challenge to competitive advertising before the National Advertising Division.
  • Resolved an FTC investigation against a multichannel network regarding testimonials and endorsements.
  • Defended a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA.
  • Resolved a state attorney general investigation against a personal care products company alleging violations of ROSCA. 
  • Negotiated the resolution of a state attorney general investigation against a publishing company in connection with negative option marketing practices.
  • Defended a social network against unfair competition, false advertising, right of publicity, and related claims brought by various plaintiffs, as well as several state attorneys general.
  • Defended a cosmetics conglomerate in numerous class actions involving claims of false advertising and unfair competition.
  • Defended a publishing conglomerate in high-risk litigation and arbitration relating to indemnity matters arising from a corporate acquisition and a trademark licensing agreement.
  • Represented a pharmaceutical company in responding to an advertising challenge before the National Advertising Division and an appeal before the National Advertising Review Board.
"How Much Could Violating a FTC Rule Cost You “$50,120 Per Violation”?," Tech & Brand Law Bulletin (January 13, 2023). Contacts: Holly A. Melton, Helen O. Ogunyanwo, Tiffany Aguiar
Client Alert / Newsletter
The Best Lawyers in America 2023 Recognizes 54 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (August 18, 2022)
Firm News / Announcement
Legal 500 United States Ranks Crowell & Moring in Eight Practice Areas in 2022 Guide (June 15, 2022)
Firm News / Announcement
Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S. (June 1, 2022)
Firm News / Announcement
"The Emerging Litigation Danger for Brands," 2021 ANA/BAA Marketing Law Conference, San Diego, CA (November 15 - 17, 2021). Speakers: Christopher A. Cole and Holly A. Melton.
Speech/Presentation
Legal 500 United States Ranks Crowell & Moring in Six Practice Areas in 2021 Guide (June 14, 2021)
Firm News / Announcement
Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S. (May 20, 2021)
Firm News / Announcement
"Made in USA Settlement for Chinese Imports," Advertising & State AG Alert (April 15, 2021). Contacts: Preetha Chakrabarti, Holly A. Melton, Tiffany Aguiar
Client Alert / Newsletter
Biden Nominates Anti-Trust Expert Khan To FTC HBW Insight (March 23, 2021)
Press Coverage
Congress Likely To Legislate Monetary Penalty Authority In FTC Enforcement If SCOTUS Strikes It HBW Insight (March 2, 2021)
Press Coverage

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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