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Holly A. Melton

Partner

hmelton@crowell.com
Phone: +1 212.895.4258
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

Holly Melton is vice-chair of Crowell & Moring’s Advertising and Media 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.

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 2020 for Advertising Litigation. She has been described as “a strong advocate” who “has a knack for simplifying complex issues” and is “an exceptional litigator." She is also recognized by Legal 500 for Advertising and Marketing Litigation and Transactional and Regulatory work.

Representative Matters

  • 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.

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.

Holly received her J.D. cum laude from the University of Houston Law Center, where she served as the candidates editor for the Houston Journal of International Law. She received her B.A. summa cum laude in government from the University of Texas.

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

Admitted to practice: New York, Texas (inactive), U.S. District Court for the Southern District of New York, U.S. District Court for the Southern District of Texas

Memberships

  • American Bar Association
    • Section of Antitrust Law: Consumer Protection
  • New York City Bar Association

View More

"Does the FTC’s Recent Influencer Guidance Address Robots?," The Journal of Robotics, Artificial Intelligence & Law (September 2020). Author: Holly A. Melton.
Publication
The Best Lawyers in America 2021 Recognizes 46 Crowell & Moring Attorneys, Two Selected as Lawyer of the Year (Aug.20.2020)
Firm News / Announcement
"Supply Chain Considerations for Retail’s New Normal," Crowell & Moring Webinar (August 5, 2020). Presenters: Michelle Ann Gitlitz, Holly A. Melton, David R. Stepp, and Helen Osun.
Speech/Presentation
"Attorneys General Target Unsupported Medical Treatment Claims," Advertising & State AG Alert (July 24, 2020). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Holly A. Melton, Michael Yaghi, Joselle Albracht, Lauren Aronson, Suzanne Trivette
Client Alert / Newsletter
Legal 500 United States Ranks Crowell & Moring in Five Practice Areas in 2020 Guide (Jul.20.2020)
Firm News / Announcement
"Post Pandemic Litigation Outlook," ANA Legal Webinar (July 14, 2020). Presenters: Thomas P. Gies, Mana Elihu Lombardo, Holly A. Melton, and Amanda Shafer Berman.
Speech/Presentation
"INSIGHT: How To Manage Price Increases Without Triggering An Investigation," Bloomberg Law (June 26, 2020). Authors: Clayton S. Friedman, Holly A. Melton, and Suzanne Trivette.
Publication
"Pricing Items in an Anti-Price Gouging World," Crowell & Moring Webinar (June 2, 2020). Presenters: Clayton S. Friedman, Holly A. Melton, Natalie O. Ludaway, and Michael Yaghi.
Speech/Presentation
"Pricing in an Anti-Price Gouging World," Advertising & State AG Alert (May 27, 2020). Contacts: Clayton S. Friedman, Natalie O. Ludaway, Holly A. Melton, Michael Yaghi, Joselle Albracht, Suzanne Trivette
Client Alert / Newsletter
Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.23.2020)
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, Brussels, and Shanghai.

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