Publications

CMS’ Proposed Rule Regarding Disclosure of Drug “List Prices” in Television Ads: Needed Transparency or Recipe for Confusion?
23 October 2018

Andrew L. Bab
,
David H. Bernstein
,
Jennifer L. Chu
,
Mark P. Goodman
,
Maura Kathleen Monaghan
,
Kevin Rinker
,
Paul D. Rubin
,
Jacob W. Stahl
,
Jared I. Kagan
,
Melissa Runsten
FTC Emphasizes the Importance of Testing Disclosures
30 September 2016

David H. Bernstein
,
Michael Schaper
,
Megan K. Bannigan
The FTC Draws the Line on Native Advertising
23 March 2016

David H. Bernstein
,
Michael Schaper
,
Megan K. Bannigan

Upcoming Events

Recent Events

IP, Lanham Act and Right of Publicity Updates
8 November 2024

Practising Law Institute

Communications Law in Digital Age 2024

New York, New York

Speaker: Megan K. Bannigan

Speaking Engagements
The Booking.com Case Before the U.S. Supreme Court of Justice - A Milestone Case!
9 March 2023

CONCAMIN / GALA Global Advertising Lawyers Alliance

Current Trends in Intellectual Property and Advertising Law

Mexico City, Mexico

Speaker: David H. Bernstein

Speaking Engagements
Developments in False Advertising and NAD Proceedings
24 March 2021

Pennsylvania Bar Institute

Intellectual Property Law Institute 2021

Webcast

Speaker: Megan K. Bannigan

Speaking Engagements
Consumer Perception Survey Design Safeguards & Pitfalls
23 September 2019

National Advertising Division of BBB National Programs, Inc.

NAD Annual Conference 2019

New York, New York

Speaker: David H. Bernstein

Speaking Engagements
SCOTUS Series: Iancu v. Brunetti
15 April 2019

American University

Information Justice and Intellectual Property

Washington, DC

Speaking Engagements
False Advertising and Influencers
24 April 2018

Pennsylvania Bar Institute

12th Annual Intellectual Property Institute

Philadelphia, Pennsylvania

Speaker: Megan K. Bannigan

Speaking Engagements
Advertising Law
8 September 2016

Bridgestone

Nashville, Tennessee

Speaker: David H. Bernstein

Speaking Engagements
Litigating Trade Dress Infringement Under the Lanham Act
26 October 2015

NYU School of Law

Trademarks and Unfair Competition

New York, New York

Speaking Engagements
Ad Law: Hot Topics, Enforcement Trends & Substantiation Considerations for OTC, Device & Rx Products
12 May 2015

Galderma International

Galderma International In-House Counsel Conference

New York, New York

Speaker: David H. Bernstein

Speaking Engagements
Advertising Substantiation
14-15 April 2015

Institute of Perception Conference on Advertising Substantiation and Litigation

White Sulfur Springs, West Virginia

Speaker: David H. Bernstein

Speaking Engagements

Debevoise lawyers have decades of experience in handling every part of the legal aspects of advertising campaigns. From designing substantiation studies to vetting advertising copy to defending ads before regulators to litigating false advertising disputes in court, and before the FTC, NAD and television networks, the Intellectual Property Litigation Group has deep familiarity with every stage of an advertising campaign and an advertising challenge.The Group prides itself on its practical, business-oriented approach to advertising advice. It works with scientists in a wide variety of fields to substantiate clients' advertising claims and to expose the weaknesses in competitors' claims. It regularly works with the nation’s leading survey experts to design and implement surveys to establish consumers’ perceptions about advertising claims. It works closely with clients to develop hard hitting, but defensible, ads to help them win market share.Debevoise lawyers are particularly adept at prosecuting and defending against requests for preliminary injunctions. These cases move at lightning speed, often involving expedited discovery of both fact and expert witnesses, requiring extraordinary focus and organization. Its lawyers also have extensive experience in handling matters before the National Advertising Division (“NAD”) of the Advertising Self-Regulatory Council.Thanks to this experience, the Group has an enviable track record of success. It has won and defeated motions for preliminary injunctions, has efficiently resolved class action advertising cases, has defended against regulatory investigations in the advertising arena, and has prevailed in more than 100 matters at the NAD. It has done so in a broad array of industries, including automotive; beverages; consumer products; cosmetics; financial services; infant nutrition; luxury goods; online services; pharmaceuticals; publishing and media; snack foods; sports; and retailers.

False Advertising/Lanham Act Litigation

Publications

Upcoming Events

Recent Events