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.