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Overview

David Mallen is an advertising and media attorney who focuses his practice on helping marketers from a variety of industries with national advertising campaigns, analysis of claim substantiation issues, compliance with consumer protection law, and resolution of advertising disputes.

An experienced trial lawyer, David represents clients in all phases of litigation in state and federal court and in alternative dispute resolution. As former deputy director of the National Advertising Division of the Council of the Better Business Bureau, he has extensive experience working with advertisers to both defend and challenge claims before the NAD, the National Advertising Review Board and other self-regulatory bodies. David also represents clients in investigations before the Federal Trade Commission and state agencies.

A superstar in terms of false advertising work at the NAD. Chambers USA (client commentary)

David has particular experience providing legal guidance on the advertising of information technology, telecommunication services, food and beverages, consumer household products, OTC drugs, dietary supplements and financial services. Additionally, he counsels clients on advertising, regulatory and privacy issues in social media and mobile platforms, including influencer marketing. He also has deep knowledge of matters involving sophisticated product testing, consumer surveys, and “green” claims in advertising and marketing.

Known for his practical approach and deep knowledge of his clients’ competitive business landscapes, David works to help marketers and advertisers think several steps ahead to develop effective campaigns and avoid or overcome competitive or regulatory challenges.

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Education

  • Albany Law School, J.D.
  • Cornell University, B.S.

Court Admissions

  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Bar Admissions

  • New York

Recognition

  • Named in Chambers USA, America's Leading Lawyers for Business, in Nationwide Advertising: Transactional & Regulatory (2018 editions)
  • Named "Best Lawyer" in Advertising Law, The Best Lawyers in America, published by Woodward White, Inc. (2018-2019)
  • Named in The Legal 500 US in Marketing & Advertising, published by Legalease Limited and John Pritchard (2017-2018 editions)
  • Named "New York Metro Super Lawyer" in Media/Advertising by Thomson Reuters (2015-2018)

Affiliations

  • Member, American Bar Association, Vice Chair of the Private Advertising Litigation Committee
  • Former Member, Product Liability Committee, Association of the Bar of the City of New York