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In Depth

Loeb & Loeb’s Advertising Disputes Practice offers proactive, knowledgeable regulatory counsel and litigation services to advertisers of all types that employ both traditional and new media platforms to reach, serve and expand their markets. With new – and more stringent – state, federal and industry-specific regulations taking hold, today’s marketers need to take into account compliance issues and brand protection in every aspect of their operations. Our multidisciplinary practice, a natural extension of the firm’s highly regarded advertising and promotions, consumer class action and regulatory defense, trademark, and general litigation groups, provides cutting-edge representation on matters involving the development, substantiation, approval and defense of advertising and marketing campaigns. In addition to robust advertising litigation capabilities, Loeb & Loeb has one of the pre-eminent practices representing clients before the National Advertising Division (NAD) of the Council of Better Business Bureaus. We represent many of the world’s most successful and well-recognized brands across a diverse range of industries, offering sophisticated risk management guidance and aggressive representation to help clients avoid or overcome competitive or regulatory challenges to marketing and advertising.

Our attorneys are highly skilled in the defense of advertisers involved in significant actions brought by regulatory agencies at the state and federal levels, including the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the United States Department of Justice and state attorneys general. We also regularly handle the defense of class action litigation as it relates to false advertising, and have extensive experience representing advertisers in state and federal court, and in proceedings before the NAD and the Children’s Advertising Review Unit (CARU), advertising industry self-regulatory programs.

We are strong advocates for our marketing and advertising clients and offer unparalleled understanding of the regulatory environment and the investigatory process, which enables us to efficiently and effectively resolve many matters without going to trial. In addition, we understand that advertising and marketing disputes can often raise issues that go well beyond the exposure of the lawsuit. These matters require attention to important subsidiary risks such as adverse publicity and follow-on actions. We know that protecting the brand is paramount and preserving the reputation of our clients’ products or services is critical to the success of every matter we handle.

Our Advertising Disputes Practice capabilities encompass:

  • Compliance with myriad local, state and federal consumer protection laws
  • Federal Lanham Act litigation involving allegations of false and misleading advertising
  • NAD and other self-regulatory actions
  • Consumer class action litigation and settlements
  • FTC and state attorney general investigations
  • Disputes involving copyright and trademark issues in advertising
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