Regulatory Investigations & Litigation
Regulatory Enforcement Defense
We have highly experienced litigation attorneys, including former government prosecutors, who defend clients against regulatory enforcement investigations and actions at the federal, state and local level.
We represent marketers and related suppliers on a broad range of matters involving advertising compliance, billing practices, and marketing practices, the latter including Internet marketing, mobile marketing, direct mail, and advance consent marketing.
Experience Counts
Whenever possible our regulatory law firm seeks to resolve investigations by proactively addressing government concerns outside of litigation. However, if it becomes necessary to go to trial, we leverage our extensive experience defending our clients against a variety of federal and state actions, including those involving:
- Allegations of false or unsubstantiated product efficacy claims, unfair or deceptive practices, unauthorized billing or violations of trade regulations enforced by the Federal Trade Commission and state attorneys general
- Allegations of false advertising or violations of federal postal requirements before the U.S. Postal Service Administrative Judicial System
- Allegations of false advertising, failure to substantiate claims, labeling violations, misbranding or adulteration before the Food and Drug Administration
- Allegations of false or deceptive marketing activities (including slamming and cramming allegations) before the Federal Communications Commission, state attorneys general, and state public utility commissions
- Allegations of unfair business practices and violations of state and local business regulations and privacy laws
- Product recalls by the Consumer Product Safety Commission
- Challenges related to advertising and marketing practices asserted by other government entities, e.g., the U.S. Senate or Department of Justice
- Multi-state sweepstakes advertising
Andrew Lustigman, who has been consistently recognized by Chambers and Partners USA, was cited by clients for his deep expertise on regulatory and IP matters, and on litigation, as “pragmatic and always looking for solutions that meet a specific client’s needs.” "He impresses sources with his deep knowledge, responsiveness and commercial awareness.”
Clients and Industries
Our regulatory attorneys represent clients in a diverse range of industries, ranging from food, health, dietary supplement, medical and cosmetic products, financial, travel, technology and telecommunications services, and toys and other children’s products.
If you need proactive defense against regulatory enforcement investigations and actions at the federal, state or local levels, contact one of these attorneys:
Andrew Lustigman | |
Scott Shaffer |
Media Mentions/News
- April 17, 2015
- February 17, 2015
- August 6, 2013
- January 24, 2013
Events
- Advance Consent, Telemarketing & Direct MarketingNovember 18-20, 201335th BAA Annual Marketing Law Conference, Chicago, IL
- Risks and Opportunities in Advance Consent, Negative Option and Affiliate MarketingNovember 201234th Annual PMA Marketing Law Conference, Chicago, IL
- Most Important Advertising Cases of the Year2012Expert Forum on Litigating & Resolving Advertising Disputes, American Conference Institute, New York, New York
- Regulatory Update: North America and Beyond2012Networking DM, Whistler, British Columbia
- Regulatory Compliance Panel2011NetworkDM 2011, Whistler, British Columbia, Canada
- New York State Regulatory Developments2008eHavorial, Peer-to-Peer and New Media Marketing Conference Law Seminars International, Seattle, Washington
Publications
- April 2015Advertising Disputes & Litigation Committee and The Consumer Protection Committee, American Bar Association Section on Antitrust Law
- February 17, 2015Inside Counsel
Advertising Law Blog
Advertising Law Blog