Represented Olé Mexican Foods in an NAD action in which Olé challenged advertising by competitor Gruma relating to serving size claims and “zero net carb” claims. NAD agreed with Olé and recommended that Gruma modify its products to conform to FDA-required servings sizes, and conform all related claims to those new serving sizes. Gruma also agreed to voluntarily discontinue its claim “absolutely ZERO net carbs.”

Represented AT&T in an NAD action in which AT&T challenged advertising by Comcast Business claiming speeds up to 12x faster than AT&T. NAD recommended that Comcast discontinue its claim in markets where AT&T offered faster speeds, and modify its claim to more clearly identify the products being compared.

Represented AT&T in an NAD action in which AT&T challenged advertising by Charter that Spectrum offers “the fastest speeds in more neighborhoods than any other provider.” NAD recommended that Charter modify or discontinue the claim to avoid conveying the unsupported message that Charter offers the fastest speeds and is available in more “neighborhoods.”

Represented AT&T in an NAD action in which AT&T challenged advertising by Charter that Spectrum Business wireless backup service provided the same level of connectivity and reliability during a power outage, among other benefits. NAD recommended that Charter modify its advertising to avoid conveying these unsubstantiated claims.

Guided the procurement of a cloud-based risk management information system designed to enhance the client’s ability to oversee and mitigate risks effectively. The vendor delivered a purpose-built solution tailored to the client’s operational needs, ensuring seamless risk tracking and management. The negotiated agreement supported the client’s goal of maintaining robust risk oversight while utilizing cutting-edge SaaS technology. It laid the foundation for operational continuity, empowering the client to address complex risk scenarios while maintaining strong data security and performance standards.

Effectively collaborated with the client to bolster its cyber readiness posture through securing advanced browser security and isolation services on favorable terms customized to client needs. The solution was designed to protect users from web-based threats while ensuring uninterrupted access to essential online tools. Through ongoing collaboration with the vendor, the client successfully secured a platform for managing browser activity with high responsiveness to security incidents. This arrangement aimed to safeguard the client’s systems and data while enabling proactive threat mitigation and streamlined cybersecurity management.

Successfully negotiated agreement supporting a client’s facility management operations by delivering a SaaS-based computerized maintenance management system platform. With services spanning work order management, preventive maintenance, and tenant tracking, the arrangement was crafted to improve operational efficiency and data integration across multiple properties. The client was able to leverage the vendor’s updated platform to enhance overall maintenance workflows while ensuring scalability for future needs.

Counseled client through procuring a multifaceted SaaS platform tailored for HR data analytics, empowering the organization to derive valuable insights from employee-related information while carefully navigated attendant contractual privacy and security issues. By integrating the vendor’s solution into existing systems, the client was able to streamline HR processes, improve decision-making, and enhance workforce management strategies. The arrangement supported the client’s objectives of leveraging data to drive operational efficiency while maintaining strong security and confidentiality measures.

Negotiated complex SaaS agreement providing the client with access to a state-of-the-art fault detection and diagnostics SaaS platform, enabling proactive monitoring and maintenance of property building systems. The solution was designed to deliver actionable insights into system performance, helping the client optimize energy efficiency and reduce operational downtime. We successfully achieved an agreement establishing an ongoing subscription model on favorable terms that served to reinforce the client’s commitment to leveraging advanced diagnostics for improved facilities management, providing a key talking point for core investors.

Represented AT&T in an NAD action in which AT&T challenged advertising by Comcast for its Xfinity Mobile 5G service, arguing the Xfinity commercial was false and misleading because (i) Comcast falsely claimed that all of its subscribers can get 5G service, and (ii) Xfinity’s 5G service is widely available, when neither of those claims were true. We successfully obtained an NAD decision holding that the Xfinity commercial misled viewers as to the actual geographic availability of its 5G service, and recommending that the claim be withdrawn, altered, or a clear and conspicuous disclaimer be included going forward. (NAD Finds Certain Xfinity 5G Disclosures Sufficient (bbbprograms.org))

Represented AT&T in an NAD action in which AT&T challenged advertising by Charter for its Spectrum Mobile service, arguing the advertisement was false and misleading because (i) Charter’s advertisement falsely claimed that AT&T intentionally conceals taxes and fees from consumers, and (ii) Charter’s advertisement falsely claims that Spectrum Mobile subscribers will pay only the price identified, without any additional costs or fees. The NAD recommended that the advertiser discontinue the challenged claim that AT&T intentionally conceals taxes and fees, and recommended that Charter’s second claim be qualified with a far more prominent disclaimer. (Spectrum Mobile Pricing Claims Supported with Adequate Disclosures (bbbprograms.org))

Represented AT&T in an NAD action in which Charter Communications argues that AT&T falsely claims to have a “faster internet experience” than cable with respect to having the bandwidth to handle large file uploads. Charter also argued that AT&T’s ads also claim that the telecommunications company delivers “consistent speed, even at peak times. However, NAD found AT&T’s claims were supported. (NAD Finds Certain AT&T “Faster Internet Experience” Claims Supported (bbbprograms.org))

Represented AT&T in an NAD action in which AT&T challenged advertising by Charter Communications that (i) falsely implied that AT&T imposes a hard data limit on its internet subscribers, (ii) falsely claimed that Spectrum Internet service offered “better performance” that its competitors with respect to gaming, (iii) falsely claimed that Spectrum Internet was more reliable, (iv) falsely claimed that AT&T charges customers for equipment that Spectrum Internet provides for free, (v) falsely claimed that Spectrum Internet provides the “fastest internet starting speeds for the price,” and (vi) Spectrum Internet has “over 99.9% network reliability”. The NAD recommended Charter Communications discontinue claims (i)-(iii) and modify claims (iv)-(vi) to disclose additional qualifying information. (NAD Finds Spectrum’s Claim Supported (bbbprograms.org))

Negotiation of data platform as a service MSA on behalf of a data science and software provider, with affiliate of J&J, for research and analysis of patient response and cancer treatment efficacy.

Negotiation of retail mobile security platform as a service MSA on behalf of Dollar Tree, intended to aggregate video and business data analytics around network camera and digital video platform integration, enterprise data integration, video analytics, reporting, and workflows.

Negotiation of retail data cooperation and MSA and SOWs on behalf of Dollar Tree, including ecommerce, in-store, and product purchase data, with national data ratings aggregator.

Negotiation of DAS (Distributed Antenna Systems) Site License Agreement on behalf of Tishman Speyer, to engage service provider Boingo to design, install, operate, and manage wireless systems throughout new development projects, in New York City and San Francisco.

Negotiation of Global Media Buying MSA, DPA, and SOWs on behalf of TikTok, with Publicis entity, Zenith. Focus included ensuring compliance with applicable privacy laws and protection of customer data.

Draft and update website privacy policies, and provide ongoing privacy advice, for film production company, online tutoring service (with COPPA issues), nutritional supplement provider, fashion-oriented e-commerce company, and many others.

Negotiation of sourcing and contract management SaaS License Agreement on behalf of RMR Group, a real estate asset management company.

Negotiation of Influencer Agreement on behalf of Norwegian Cruise Line with multiple social media influencers and celebrities.

Negotiation of customer service and feedback SaaS License Agreement on behalf of national full service restaurants and convenience stores.

Negotiation of outsource MSA on behalf of Sonesta International Hotel Corporation, an international hotel company, for vendor to provide end to end call center operations, including sales and service related telephone work, managed network services, telecommunications, and related IT services.

Represented Tommy Hilfiger with its development of an SMS text message marketing program.

Successfully represented the world’s leading manufacturer of home furnishings in forcing competitor to stop making false and/or unsubstantiated “Made in the USA” claims in advertising.

Advise global telecommunications leader about FTC privacy regulations and the COPPA Rule specifically.

Drafted the "Welcome Home Joe” licensing and promotional contract among our client JA Apparel Corp. and with Iraq and Afghanistan Veterans of America (IAVA), and JCPenney. This promotion provides Iraq and Afghanistan veterans with $1 million in certificates to purchase professional attire as they transition to the civilian workforce. Representation of JA Apparel Corp. in this contract also included providing clearing advertising copy, negotiating terms and conditions for the promotion, and advising on trademark clearance issues.

Successfully represented Gerson & Gerson, Inc., a children’s clothing designer, in a copyright infringement case relating to the defendant making knockoffs of its toddler dress designs. The firm negotiated a favorable monetary settlement for the client and obtained a final judgment on consent with permanent injunction.

Advised marketing agency on all fifty states’ regulations governing a sweepstakes promotions by wine and spirits distributors.

Represented TyraTech, Inc., maker of the Vamousse line of pesticide free head lice solution products, at the NAD against a competitor challenging certain advertising claims.

Represented corporate printing company in development of e-mail marketing policy and Can-Spam compliance.

Advised television network broadcaster on state gambling laws in connection with proposed televised charity poker tournament.

Advised financial institution on compliance with 50 state telemarketing laws.

Advised Owen Mumford, a medical device manufacturer, on state regulations around corporate fund raising efforts, including raffles and a casino night.

Represented men's apparel designer in negotiation of Olympics on-air talent clothing outfitting agreement.

Represented over the counter drug manufacturer in negotiation of NASCAR sponsorship agreement.

Advise advertising agency on the potential laws that are implicated by use of landmarks and in advertising.

Advised global supplier of medical devices on the privacy and advertising laws of various foreign countries in preparation for global marketing campaign.

Successfully represented Suncore Products LLC ("Suncore") in separate investigations by the National Advertising Division ("NAD") and the Children’s Advertising Review Unit of the Advertising Self-Regulatory Council seeking substantiation for Suncore's explicit nutritional content claims for its WhoNu? Cookies and inquiring whether Suncore's advertising included an unsubstantiated implied overall equivalency claim concerning the benchmark foods used to illustrate the nutritional content of WhoNu? Cookies.

Advised Norwegian Cruise Line on privacy and cross-border consumer personal data transfer issues.

Represented footwear maker in defense of right of privacy/publicity claims by models whose images were used on packaging.

Represented web site operator in advisory capacity regarding compliance with state lottery and gambling laws concerning internet sales of lottery and gambling devices.

Represented international apparel brand owner in charitable commercial co-venture, coordinating compliance with state law registration and filing obligations.

Advised light bulb manufacturer in the creation of a warranty and advertising that was in compliance with FTC light bulb regulations and the Magnusson-Moss Warranty Act.

Represented financial media publisher defending claims of copyright infringement and hot news misappropriation.

Defended Internet marketer and Web hosting company from fraudulent advertising practices and unfair and deceptive trade practice allegations by state attorney general.