• We successfully filed a series of amicus briefs on behalf of a major advertising agency in an action that was seeking a prohibition of advertising of one of the agency's significant clients. As a result of our briefs, the plaintiffs voluntarily withdrew their federal false advertising claims and the Court dismissed outright all of the remaining state law false advertising claims.
• We prepared the amicus brief for 4As, ANA and AAF before U.S. Supreme Court in Kasky v. Nike.
• We presented at the Green Lights and Red Flags FTC/BBB National Workshop on "clear and conspicuous" disclosures.
• On First Amendment grounds, we successfully defended advertising agency DeVito/Verdi and the ACLU in a libel and privacy case involving the advertisement "They Finally Found an Answer to Overcrowded Prisons. Smaller Prisoners."
• We drafted the rules and provided advice on the development of the first billion-dollar sweepstakes promotion for Grab.com.
• We represented Cendant Corporation in connection with the development of the first auction website for real estate, which included drafting auction terms and conditions and advising on applicable auction laws.
• We represented Frito Lay in connection with the first Internet Auction directed to children, including drafting auction terms and conditions and advising on applicable auction laws.
• We defended American Isuzu Motors in the Federal Trade Comission and multi-state action against automobile industry lease and finance advertising practices.
• We negotiated a settlement with the Screen Actors Guild over athletes/endorsers appearing in Nike advertising, leading to an industry allocation model for pension and health contributions arising from the athlete/endorser's services.
• We defended Miller Brewing Company, Joe Piscopo and Backer Spielvogel in Tin Pan Apple, et al. v. Miller Brewing Co., et al., 737 F. Supp. 826 (S.D.N.Y. 1990), where the rap group "The Fat Boys" sued, alleging that a television commercial for Miller Lite Beer copied visual elements of the group's persona and infringed upon their sound recording and musical composition copyright.
• We represented Thompson Medical in defending the "Aspercreme" trademark before the FTC.
• We negotiated a television show on CBS based on an advertising agency character with agency participation.
• We were instrumental in expanding the broadcast networks acceptance of personal products, including feminine hygiene products and undergarments.
• We played a key role in developing the form insertion order for internet advertising used by the AAAA.
• We negotiated a cutting edge, multinational media buying agreement between a large media buying agency and an international entertainment conglomerate.
• We defended the advertising industry against claims by the Screen Actors Guild classifying stunt drivers as principles in television commercials.
• Throughout the years, we have defended numerous false advertising and deceptive practice cases before state and local agencies dealing with adequacy of substantiation, test data and claim interpretation for products and services in the high tech, cosmetic, food, drug and automotive industries.
• We have defended "negative option" marketing practices for our clients, both at the Federal and state regulatory levels, and in state enforcement actions from New York to California.
• We have brought and defended numerous cases before the National Advertising Division of the Council of Better Business Bureaus and NAD's Children's Advertising Review Unit, establishing key principles for substantiation, defining national vs. local advertisers and establishing critical demonstration principles for toy advertisers.
• We have represented major infomercial companies in FTC investigations, including those relating to compliance with the Mail or Telephone Order Merchandise Rule.
• Throughout the years, we have handled numerous leading "lookalike" and "soundalike" cases for the advertising industry, involving plaintiffs such as Carlos Santana, Herb Alpert, Jaques Cousteau, Julia "Butterfly" Hill and many others.
• We have handled numerous, complex celebrity talent and music agreements for the advertising industry, including talent and music production agreements for Spike/DDB and Pepsi with jazz composer Terrance Blanchard and many of Neutrogena's celebrity/model agreements.
