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In Depth

In today’s hypercompetitive marketplace, advertisers face the challenge of balancing new and dynamic opportunities to reach and expand their markets with the legal and brand risks posed by stringent government and industry regulations and enforcement efforts.

Loeb & Loeb’s Advertising Disputes practice provides brand-focused, up-to-the-minute counsel and skilled advocacy to help advertisers develop, launch and maintain competitive — and compliant — marketing and advertising campaigns of all types across traditional and new media platforms.

Our team advises many of the world’s most recognized brands across a range of industries — from consumer goods, health and beauty, and retail companies to entertainment, telecommunications and digital content providers. We provide guidance on regulatory and enforcement trends, advise on substantiation and clearance of advertising, marketing and promotional campaigns, and defend against government, competitor and consumer challenges.

Loeb’s lawyers handle an unsurpassed number of cases before the National Advertising Division of the Better Business Bureau, the National Advertising Review Board and the Children’s Advertising Review Unit — the advertising industry’s self-regulatory bodies. Our team, which includes the former deputy director of NAD, offers unique insight into novel and complex claim substantiation issues, effectively advocating for clients on both sides of competitive and comparative advertising challenges. We have deep experience in matters involving virtually every type of advertising claim, including sophisticated product testing, evolving technology, scientific and “green” claims, consumer surveys, and the use of consumer reviews and user-generated data.

When the government comes knocking, we’re there to help, defending advertisers in investigations and enforcement actions brought by the Federal Trade Commission, the Federal Communications Commission, the United States Department of Justice and state attorneys general. As accomplished advocates with extensive knowledge of advertising law and unmatched facility with the nuances of the regulatory environment and the investigatory process, our lawyers frequently are able to resolve investigations before they become more serious — and more public — enforcement actions.

Our trial-ready litigators take the same skilled and passionate advocacy into federal and state courts across the country. We represent advertisers as both plaintiffs and defendants in Lanham Act litigation involving intercompetitor claims of false and misleading advertising, as well as other intellectual property-related claims. We also defend brands against consumer class actions that threaten both the their hard-won brand reputation and their bottom line.