Sidley partners with the world’s largest, most iconic companies throughout the lifecycle of advertising and marketing campaigns to help our clients promote their products and services and elevate their brands, while mitigating risk factors. We assist in crafting and substantiating successful advertising campaigns, navigating evolving regulations and regulatory agencies, counseling on social media strategies, and negotiating influencer, sponsorship, and agency agreements. We not only draw on this experience, but also provide clients with multidisciplinary teams that cover a broad range of regulatory capabilities.
Our Chambers-ranked national advertising litigation practice is poised to dive in on temporary restraining orders and preliminary injunctions, adeptly managing all stages of Lanham Act-related competitor litigation and consumer class actions — particularly those that implicate significant financial and reputational risks, which directly strike at the core of our clients’ business strategies. Sidley’s lawyers have successfully handled a wide variety of advertising matters, involving both substantive competitive advertising claims and marketing practices such as: pricing, automated calls, gift cards, sweepstakes, contests, and other consumer engagement promotions.
Our lawyers have helped clients across a wide array of industries, including:
- Pharmaceuticals and biologics
- Technology
- Consumer goods
- Electronics
- Financial services
- Cosmetics
- Hospitality
- Food and dietary supplements
- Life sciences
- Retail
- Luxury goods
- Sports, television, and media
“They have a very deep and talented team who offer a premium service.”
Chambers USA 2024: Nationwide – Advertising: Litigation
How We Add Value
We Speak the Language: Calling on a national, cross-disciplinary team of top advertising, intellectual property, antitrust, regulatory, and commercial litigation lawyers, we offer business-oriented advice to help our clients enhance and protect their brands, especially in the early stages of development of advertising and marketing campaigns and brand protection. Our team has experience counseling our clients’ development of marketing approaches, claim substantiation, advertising content review and clearance, influencer agreements, and social media strategy. We can identify potential deceptive trade practices and assist clients in ensuring that their advertising and promotional programs comply with relevant laws and regulations. With first-hand experience on how related litigation can play out, we help clients set up their campaigns responsibly for the best pathways to success.
Regulatory and Agency Acumen: We can help clients navigate regulatory issues that shape the development of creative campaigns, including sweepstakes, contests, social media promotions, influencer engagements, and online sales, as well as email, television, and radio advertising, along with telemarking and direct mail offers. Our lawyers draw on their prior government service, including positions at the Federal Trade Commission (FTC), the U.S. Food and Drug Administration (FDA), the Department of Justice, Department of Commerce, the Securities and Exchange Commission (SEC), the Federal Communications Commission (FCC), among others, to represent clients in regulatory investigations and actions taken by these organizations, as well as state consumer protection agencies, state attorneys general, and industry self-regulatory organizations like the National Advertising Division (NAD) of the Council of Better Business Bureaus, the National Advertising Review Board (NARB), and television network broadcast standards divisions and trade associations.
Trial and Courtroom Experience: Advertising litigation often arises at pivotal moments in a brand’s lifecycle — including before the launch of a major advertising campaign. Whether it is an expedited TRO or preliminary injunction, or a complex, multidistrict class action litigation, Sidley’s Chambers-ranked practice is well-positioned to navigate clients through the courtroom. We handle litigation at federal and state levels, involving such matters as unfair and deceptive practices, false advertising, unsubstantiated claims, and offensive and defensive Lanham Act challenges.
More broadly, we regularly litigate significant product-oriented disputes involving sale of counterfeit goods through online marketplaces, trademark infringement, breach of contract, alleged violations of antitrust/unfair competition law, alleged violations of state and federal privacy laws, product liability claims, and alleged violations of consumer protection laws. Additionally, we have litigated hundreds of class actions involving advertising and related claims and have rich experience negotiating favorable settlements and winning case dispositive victories. Our lawyers are well-regarded by industry publications, including Chambers USA, The Legal 500, World Trademark Review, and Law360.
Broad Sector Knowledgebase: We have developed an enviable track record in the consumer products, hospitality, media and entertainment, medical devices and technology, online services, social media, and pharmaceutical sectors, among others. We have assisted high-profile clients from a multitude of industries and our team has litigated disputes in every U.S. state, having leveraged our relationships with local counsel when necessary.
Sidley Recognized as a Leading Advertising: Litigation Practice
Chambers USA 2024
