Clients understand that advertising is crucial to brand success in the global marketplace and they need a legal team that can deliver seamless advice across a broad range of industries. The lawyers who comprise our advertising and marketing team are well-positioned to provide comprehensive legal advice to domestic and international clients seeking to protect some of the world’s most important brands.
“Leveraging a strong presence across the US, the group is regularly involved in unfair competition, false advertising and IP infringement claims nationwide.” Legal 500 US, 2021
Our team has advised on advertising and marketing materials and brought and defended false advertising claims for clients across the globe, as well as providing integrated legal advice on product launches and marketing strategies in multiple jurisdictions. In the event a client is at the center of damaging publicity, we work alongside their PR, marketing and communications teams to handle the issue, also advising in proactive plans to prevent and mitigate potentially harmful exposure.
We provide strategic counsel to companies operating in highly-regulated industries, including pharmaceutical, food and beverage companies and financial institutions. We assist in navigating the risk compliance continuum in promoting goods within the confines of restrictive legislation and the systems of required advertising pre-clearance. Our lawyers also review product labels, company websites and social media accounts for compliance, contest advice, consumer survey design and interpretation, corrective advertising, comparative advertising and substantiation of advertising claims.
We also have deep knowledge and experience with the intersection of advertising and competition laws and have litigated some of the most significant cases brought under the US Lanham Act and the Canadian Competition Act. We regularly defend companies from advertising-related class action litigation – whether before a tribunal, judge or jury, we work closely with our clients to develop advocacy strategies and are equally prepared to negotiate a favorable settlement or present a vigorous case at trial.
Our areas of work include
- Advertising litigation
- Advertising and marketing advice including review of labels and brochures
- Competitor challenges before worldwide advertising standards authorities, including the US Federal Trade Commission and Canadian Competition Bureau
- Consumer class actions, false and misleading advertising claims and unfair competition
- Consumer law
- Consumer surveys and scientific testing
- Contests, social networking campaigns and other promotional strategies
- Corrective advertising and damages analyses
- Defamation, libel and slander issues
- eDiscovery and document management
- Government investigations
- Intellectual property considerations
- Labeling and marketing advice for FDA-regulated companies
- Litigation and disputes
- Reputation management, including online
- Telephone Consumer Protection Act (TCPA) litigation
- US Lanham Act and Canadian Competition Act matters
- Legal 500 US, Media, Technology and Telecoms: Advertising and Marketing: Litigation (Tier 1), The Legal 500, 2021