Private Advertising Litigation - Programs
Upcoming Programs
Updates in Food Marketing Litigation
(Tuesday, February 22, 2011)
Recent years have witnessed an explosion of consumer class action litigation challenging the marketing and labeling of food products, involving everything from whether foods are really "natural," or common ingredients are dangerous, or advertised health benefits are substantiated, or even whether "Crunch Berries" really exist. Our experienced panel will explore these trends against the background of FDA regulation, FTC enforcement, and state consumer protection laws, and offer their thoughts on why these cases are increasing, and how best to handle them, from both the plaintiff and defense perspectives.
Business-to-Business Promotion: Lanham Act False Advertising Issues
(Thursday, February 17, 2011)
This program will discuss Lanham Act false advertising cases where the target of the alleged deceptive advertising is not the general public but rather upstream, specialized audiences.
Advertising and Health Care: An Overview of Litigation and Hot Topics
(Monday, February 7, 2011)
The program will provide an overview of the regulatory framework that governs the advertising of health related products such as pharmaceuticals, dietary supplements, medical devices, and food. In addition, the program will include a discussion of recent litigation concerning deceptive, or potentially deceptive, health related advertising, including the FTC’s actions against Nestle, Iovate, Kellogg, and Dannon and trends concerning agency and private litigation.
(Tuesday, February 22, 2011)
Recent years have witnessed an explosion of consumer class action litigation challenging the marketing and labeling of food products, involving everything from whether foods are really "natural," or common ingredients are dangerous, or advertised health benefits are substantiated, or even whether "Crunch Berries" really exist. Our experienced panel will explore these trends against the background of FDA regulation, FTC enforcement, and state consumer protection laws, and offer their thoughts on why these cases are increasing, and how best to handle them, from both the plaintiff and defense perspectives.
Business-to-Business Promotion: Lanham Act False Advertising Issues
(Thursday, February 17, 2011)
This program will discuss Lanham Act false advertising cases where the target of the alleged deceptive advertising is not the general public but rather upstream, specialized audiences.
Advertising and Health Care: An Overview of Litigation and Hot Topics
(Monday, February 7, 2011)
The program will provide an overview of the regulatory framework that governs the advertising of health related products such as pharmaceuticals, dietary supplements, medical devices, and food. In addition, the program will include a discussion of recent litigation concerning deceptive, or potentially deceptive, health related advertising, including the FTC’s actions against Nestle, Iovate, Kellogg, and Dannon and trends concerning agency and private litigation.
Past Programs
The FTC's New Privacy Report: What You Need to to Know
(Tuesday, December 14, 2010)
On December 1, 2010, the FTC released a preliminary staff report proposing a framework for protecting consumer privacy. This program will provide attendees with an understanding of the key provisions of the FTC’s proposed framework and the chance to hear directly from FTC Deputy Director Rich about what led up to the report and next steps, including the opportunity for public comment on the proposal. We hope you will join us for this timely and informative presentation.
Controls in Consumer Surveys: A Telephonic Committee Discussion
(Monday, November 22, 2010)
In false advertising litigation and proceedings before the National Advertising Division (NAD), consumers surveys are often submitted as proof of the existence of a misleading implied advertising claim. The federal courts have typically required that surveys conducted for litigation purposes be designed and conducted like an experiment, by comparing consumer reactions to a test advertisement with reactions to a control advertisement that does not contain an allegedly misleading claim. NAD has said that it does not require controls, but will examine them if submitted. Controls are a means of determining whether respondents in a survey are answering in terms of messages they perceived in the test advertisement, or whether instead their responses are driven by prior beliefs, noise, or even guessing. This telephonic brownbag will examine the all-important subject of controls in consumer surveys, including what courts and NAD have said about controls, and the appropriate design and theory of controls.
Privacy & Information Security Update
(Thursday, November 4, 2010)
Please join us for our next program on privacy and information security legislative, regulatory, enforcement and litigation developments. September 2010 Consumer Protection Update
(Monday, October 4, 2010)
This telephonic update will summarize the significant developments in consumer protection law that occurred during September 2010. The presentation will cover cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions. Dietary Supplements: Federal Enforcement and Consumer Litigation
(Wednesday, September 15, 2010)
This telephonic program will provide guidance to advertisers, dietary supplement manufacturers and retailers regarding recent enforcement trends and consumer class action litigation involving immunity and other health claims for dietary supplement products. Privacy & Information Security Update
(Thursday, July 1, 2010)
Please join us for our next program on privacy and information security legislative, regulatory, enforcement and litigation developments. False Advertising Law 101: Substantive Issues
(Wednesday, June 30, 2010)
This is the first of a two-part series, co-sponsored by the Young Lawyers Division and the three Consumer Protection-related Committees of the Section concerning the fundamentals of false advertising. Certifying Antitrust and Consumer Protection Class Actions
(Wednesday, May 12, 2010)
The panel will examine recent antitrust and consumer protection certification class action cases and provide practical guidance on how to approach and manage the certification phase of the case. Panel Discussion on the Searle Civil Justice Institute Preliminary Report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation
(March 8, 2010)
A Panel discussion with drafters of and participants in the preliminary report from Northwestern Law's Searle Civil Justice Institute (SCJI) on State Consumer Protection Acts An Empirical Investigation of Private Litigation. False Advertising Class Actions in California after In re Tobacco II
(February 11, 2010)
A panel of the top California lawyers from the plaintiff and defense bar will focus on the current state of the false advertising class action law in California in light of the California Supreme Court’s decision in In Re Tobacco II and its recent progeny. Irreparable Harm and Other Presumptions in Lanham Act Advertising Cases After eBay
(January 27, 2010)
A seasoned panel will focus on whether the Supreme Court holdings in eBay v. MercExchange sound a death knell to the long-standing presumption of irreparable harm from a showing of deception in Lanham Act advertising cases. Privacy and Data Security Relating to Medical Records
(January 25, 2010)
(January 21, 2010)
Please join us for a brown bag program which will outline the steps an advertiser can take to challenge its competitor's false advertising in a lively and engaging manner. December 2009 Consumer Protection Update
(January 13, 2010)
This telephonic update will summarize the significant developments in consumer protection law that occurred during December 2009.
(Tuesday, December 14, 2010)
On December 1, 2010, the FTC released a preliminary staff report proposing a framework for protecting consumer privacy. This program will provide attendees with an understanding of the key provisions of the FTC’s proposed framework and the chance to hear directly from FTC Deputy Director Rich about what led up to the report and next steps, including the opportunity for public comment on the proposal. We hope you will join us for this timely and informative presentation.
Controls in Consumer Surveys: A Telephonic Committee Discussion
(Monday, November 22, 2010)
In false advertising litigation and proceedings before the National Advertising Division (NAD), consumers surveys are often submitted as proof of the existence of a misleading implied advertising claim. The federal courts have typically required that surveys conducted for litigation purposes be designed and conducted like an experiment, by comparing consumer reactions to a test advertisement with reactions to a control advertisement that does not contain an allegedly misleading claim. NAD has said that it does not require controls, but will examine them if submitted. Controls are a means of determining whether respondents in a survey are answering in terms of messages they perceived in the test advertisement, or whether instead their responses are driven by prior beliefs, noise, or even guessing. This telephonic brownbag will examine the all-important subject of controls in consumer surveys, including what courts and NAD have said about controls, and the appropriate design and theory of controls.
Privacy & Information Security Update
(Thursday, November 4, 2010)
Please join us for our next program on privacy and information security legislative, regulatory, enforcement and litigation developments. September 2010 Consumer Protection Update
(Monday, October 4, 2010)
This telephonic update will summarize the significant developments in consumer protection law that occurred during September 2010. The presentation will cover cases, settlements, and other initiatives at the federal and state levels, as well as consumer class actions, Lanham Act litigation, and National Advertising Division case decisions. Dietary Supplements: Federal Enforcement and Consumer Litigation
(Wednesday, September 15, 2010)
This telephonic program will provide guidance to advertisers, dietary supplement manufacturers and retailers regarding recent enforcement trends and consumer class action litigation involving immunity and other health claims for dietary supplement products. Privacy & Information Security Update
(Thursday, July 1, 2010)
Please join us for our next program on privacy and information security legislative, regulatory, enforcement and litigation developments. False Advertising Law 101: Substantive Issues
(Wednesday, June 30, 2010)
This is the first of a two-part series, co-sponsored by the Young Lawyers Division and the three Consumer Protection-related Committees of the Section concerning the fundamentals of false advertising. Certifying Antitrust and Consumer Protection Class Actions
(Wednesday, May 12, 2010)
The panel will examine recent antitrust and consumer protection certification class action cases and provide practical guidance on how to approach and manage the certification phase of the case. Panel Discussion on the Searle Civil Justice Institute Preliminary Report on State Consumer Protection Acts: An Empirical Investigation of Private Litigation
(March 8, 2010)
A Panel discussion with drafters of and participants in the preliminary report from Northwestern Law's Searle Civil Justice Institute (SCJI) on State Consumer Protection Acts An Empirical Investigation of Private Litigation. False Advertising Class Actions in California after In re Tobacco II
(February 11, 2010)
A panel of the top California lawyers from the plaintiff and defense bar will focus on the current state of the false advertising class action law in California in light of the California Supreme Court’s decision in In Re Tobacco II and its recent progeny. Irreparable Harm and Other Presumptions in Lanham Act Advertising Cases After eBay
(January 27, 2010)
A seasoned panel will focus on whether the Supreme Court holdings in eBay v. MercExchange sound a death knell to the long-standing presumption of irreparable harm from a showing of deception in Lanham Act advertising cases. Privacy and Data Security Relating to Medical Records
(January 25, 2010)
This audio and in-person program will discuss trends in the regulation, enforcement, and litigation of privacy and data security issues relating to individuals’ medical records. Specifically, it will provide an overview of how the privacy and security of medical records are regulated in the United States, discuss recent investigations and enforcement undertaken by the Department of Health and Human Services and the Federal Trade Commission, and provide guidance to health care providers on how to avoid litigation and liability in connection with their treatment of medical records.
Please see the attached flyer for RSVP details. We hope you will attend!
Strategies for Challenging Your Competitor's False Advertising(January 21, 2010)
Please join us for a brown bag program which will outline the steps an advertiser can take to challenge its competitor's false advertising in a lively and engaging manner. December 2009 Consumer Protection Update
(January 13, 2010)
This telephonic update will summarize the significant developments in consumer protection law that occurred during December 2009.
Privacy & Information Security Update
(December 10, 2009)
The program was moderated by Erin Egan of Covington & Burling LLP.
The FTC's New Endorsement and Testimonial Guides
(December 1, 2009)
This telephonic program will provide guidance to advertisers, expert and celebrity endorsers,
bloggers and consumer reviewers as they consider whether and how to modify their behavior in
light of the FTC’s revised Guides Concerning the Use of Endorsements and Testimonials in
Advertising.
Recent Developments in Pharmaceutical Marketing Enforcement & Litigation
(September 14, 2009)
This telephonic brown bag program will provide updates in areas top of mind to pharmaceutical
manufacturers, marketers, and lawyers, including FDA enforcement priorities and litigation
developments and trends.
