Saul Howard Perloff

Partner

Fulbright & Jaworski LLP

Saul Howard Perloff

San Antonio

T:+1 210 270 7166

F:+1 210 270 7205

As a partner in the Intellectual Property Group and the head of the false advertising group, Saul Perloff represents domestic and international clients in a wide range of complex advertising and unfair competition disputes under the Lanham Act and state law.  He also counsels and advises pharmaceutical, consumer product, biotechnology and other clients on advertising and brand protection strategies. 

Saul has successfully prosecuted and defended disputes involving false advertising, unfair competition and trademark/trade dress and patent infringement in fifteen states across the country.  In addition to his advertising and brand protection practice, Saul has represented companies in cases involving securities fraud, anti-trust and professional liability. He also represents clients in internal investigations of accounting fraud and irregularities.

From 1992 to 1995, he served as a trial attorney and member of the Chief Counsel's Honor Program in the US Army Corps of Engineers.

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  • Education

    1991 - J.D., cum laude, University of Pennsylvania Law School
    1988 - A.B., Woodrow Wilson School of Public and International Affairs, Princeton University

    For his second year of law school (1989-1990), Saul attended L'Institute D'Etudes Politiques de Paris on a Rotary International Scholarship.

    Saul is a member of the California and Texas Bars. He is admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Fifth and Eleventh Circuits and the U.S. District Courts for the Eastern, Southern and Western Districts of Texas, the Eastern District of California and the Eastern District of Wisconsin.

  • Representative experience

    Saul has represented a wide range of clients in False Advertising litigation including the following:

    • Counsel of record for International Trademark Association (INTA) as amicus curiae to United States Supreme Court, in Pom Wonderful LLC v. The Coca-Cola Company, No. 12-761.
    • Leading biotech tools company against a competitor that falsely claimed a study showed its gene analysis system was superior to the client's.  After initial discovery, the case settled on favorable terms that required the defendant, among other things, to remove all references to the comparison study and to recall and destroy all materials related to the study.
    • Major international pharmaceutical company against a competitor that falsely advertised allegedly "generic" versions of the client's brand name pancreatic enzyme drugs. After the court denied the defendants' motion for summary judgment the case settled on terms favorable to the client.
    • Manufacturer of the only FDA-approved inhaled antibiotic treatment for cystic fibrosis patients in a Lanham Act suit against a competing company and three compounding pharmacies. After obtaining a temporary restraining order against the defendants, the parties reached a settlement under which the defendants were required to market their treatment with disclaimers warning doctors and patients that their therapy was not clinically proven.
    • Manufacturer of a brand-name wound care ointment in a pair of Lanham Act cases against companies who falsely advertised their products as "generic" alternatives to the brand. After securing preliminary injunctions against both defendants and defeating multiple dispositive motions, the cases proceeded to trial. At the conclusion of each 3-week jury trial, the court entered judgment against both defendants.
    • Leading consumer product company in suit against the supplier of a "store-brand" version of the client's top-selling oral rinse. After conducting preliminary discovery, the parties reached a settlement that included a permanent injunction requiring the defendant to withdraw its offending product from the market.
  • Professional activities
    • American Bar Association
    • California Bar Association
    • San Antonio Bar Association
  • Professional honors
    • The Best Lawyers in America – Best Lawyers (2013 - 2014)
    • Lawdragon 3,000 – Lawdragon (2007 - 2014)
    • Texas Super Lawyer - Thomson Reuters (2013)
    • AV Preeminent Rated Lawyer - LexisNexis Martindale-Hubbell
  • Speaking engagements
    • Panelist, "Advertising's Day in Court: The Supreme Court Takes a Stand on False Advertising," ALI-CLE Web Seminar, July 2014
    • Moderator, "Tenth Annual Litigation Trends Survey findings," Web Seminar, June 2014
    • Moderator, "Bringing Efficiency and Predictability to Litigation," Live Presentation, ACC America (South/Central Texas Chapter), San Antonio, Texas, December 2012
    • Moderator, "Fulbright Litigation Trends," Live Presentation, ACC America (South/Central Texas Chapter), San Antonio, Texas, December 2011
    • Moderator, "Fulbright Litigation Trends," Fulbright Web Seminar, October 2011
    • Moderator, "The ABCs of NDAs," ACC America (South/Central Texas Chapter) Roundtable, San Antonio, TX, August 2011
    • Moderator, "Corporate Compliance Best Practices: Do's and Don'ts," ACC America (South/Central Texas Chapter) Roundtable, San Antonio, TX, August 2010
    • Presenter, "Advertising and Promotion: Employing the Competitor Complaint Avenue to Your Advantage," ACI Corporate Counsel Forum on Advertising & Promotion for the Pharmaceutical Industry, New York, NY, November 2008
    • Presenter, "Generic Drug Substitution: A Legal Perspective," Annual Meeting, Association of Consultant Pharmacists, November 2002
  • Publications
  • Civic involvement
    • National MS Society
    • Cystic Fibrosis Foundation
  • Licenses
    • California State Bar License
    • Texas State Bar License
  • Interests

    He loves to travel and is an avid photographer, hunter, cyclist and reader.