American Bar Association
 
Advertising Disputes & Litigation Committee

Advertising Disputes & Litigation Committee


Welcome

The Advertising Disputes & Litigation Committee ("ADL") is your resource for tracking and understanding false and deceptive advertising and marketing issues that arise in litigated cases and self-regulatory proceedings. ADL focuses on consumer class actions and competitor challenges under Section 43(a) of the Lanham Act. The Committee also covers other adversarial proceedings, primarily before the Advertising Self-Regulation Council, with emphasis on National Advertising Division, National Advertising Review Board, and Electronic Retailing Self-Regulation Program cases. Our Committee will follow developments and trends in the area of advertising and marketing law that flow from contested proceedings and consider the procedures intended to ensure truthfulness and accuracy in advertising through direct challenge. In addition to sponsoring or co-sponsoring several panels at the Spring Meeting every year, we hold regular committee programs on topics of interest and send email summaries of important decisions to our members. We will also provide guidance for lawyers and legal departments who are anticipating possible litigation, challenging false advertising by competitors, or responding to charges that a client's advertising is false. Prevailing in an advertising dispute entails mastery of discovery issues and trial strategy, an understanding of how best to use extrinsic evidence (including consumer perception surveys), and advanced knowledge of self-regulatory precedent and practice. Committee membership will help you sharpen these skills. ADL is one of the newest and fastest-growing committees in the Section. Now in its sixth year, the Committee welcomes all new members with interest in this area, particularly in-house counsel and litigators who are asked to weigh the risks of a competitive challenge or expected to prevail when one occurs. We welcome your suggestions for publications, programs and communications that are relevant to your practice and your interest in contributing to our efforts. The Committee will work closely with and supplement the offerings of the other advertising and marketing law committees of the Section: Consumer Protection and Privacy & Information Security. Members will benefit from joining all three of these committees.


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    Programs, Meetings and Events

    Committee Events

    [Program Materials] A Review of Recent National Advertising Division Social Media Cases

    May 22, 2017
     
    Section Events

      The European Court of Justice's Intel Decision

      10/18/2017-10/18/2017

      On September 6, 2017, the European Court of Justice (ECJ) delivered its decision in the Intel case. The ECJ set aside the General Court judgment and held that it is not necessarily illegal for a dominant company to grant rebates conditional on exclusivity. If a company can show evidence that the rebates ...

      Recent Developments Involving Standard-Development Organization Intellectual Property Rights Policies and Related Issues

      10/19/2017-10/19/2017

      The recent (and highly controversial) amendments to the IEEE's intellectual property rights policy has spurred a number of studies regarding the effects of these changes, as well as discussions by foreign competition agencies as to whether breaches of the new provisions can form the basis of competition ...

      The Nuts and Bolts of Reverse Payments

      10/24/2017-10/24/2017

      Through this Nuts & Bolts program we will walk through the fundamentals of and key developments in reverse payments. We will begin by spending approximately 15 minutes providing an overview of reverse payments, including the state of the law pre-Actavis, and the Actavis decision itself. We will then ...


    Programs

    See all programs sponsored by this Committee.
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    Committee Program Audio

    Audio recordings of programs sponsored by the Advertising Disputes and Litigation Committee.
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    PAL Updates and Publications


    Annual Plan, Long Range Plan


    Leadership

    Chair:

    Cole, Christopher

    Council Representative:

    Sommer, Christine

    Vice-Chairs:

    Arends, Wendy
    Mallen, David
    McDowell, Donnelly
    Ugurlayan, Anahid
    Williams, Nicole

    Liaison:

    Joseph, Matthew

    Committee Roster  

    Modified by Julian-Robert Wiley on October 4, 2017

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