False Advertising & Unfair Competition

Obtained dismissal of all claims at the pleading stage in Vivar v. Apple, a putative class action under New York GBL § 349 alleging misleading advertising for Powerbeats Pro wireless earbuds

Defended Gerber in In re Gerber Probiotic Litigation, a twelve-case consolidated nationwide consumer class action alleging false advertising under consumer protection laws of multiple states with respect to the advertised health benefits of baby formula and cereal products

Defended airline company in a false advertising and Proposition 65 suit concerning alleged carcinogenic materials in airline tickets; case settled for a nominal amount after sustained litigation

Represented a digital media company in Poper v. Fox Corp. concerning alleged violations of disclosure and auto-renewal laws related to promotional subscription offerings

Defended putative class actions alleging failure to adequately disclose fees charged through electronic payment platforms, asserting defenses including adequate disclosure through Terms of Use, voluntary agreement and consent, and the absence of a private right of action under payment network rules

Counsel clients on compliance with the FTC’s Rule on Unfair or Deceptive Fees (the “Junk Fees” Rule), California’s SB 478 (the “Honest Pricing Law”), and New York’s Junk Fee Prevention Act (S7783A)

Defended claims alleging that advertised product specifications—such as battery life, charging capabilities, and performance metrics—were overstated or misleading

Secured dismissal of class claims in a putative class action alleging deceptive practices regarding the advertised performance of fitness-tracking devices

Advised one of world’s largest home improvement retailers on promotional pricing and price advertising compliance, including the FTC Guides Against Deceptive Pricing and high-risk state laws

Defended a major multinational technology company in West v. Apple, a putative class action in California Superior Court alleging unfair competition and misleading advertising relating to certain MacBook Air laptops

Represented a fitness-tracking company in Frenzel v. Aliph (Jawbone), a putative class action alleging deceptive practices regarding charging capabilities and battery life; obtained dismissal on motion, leading plaintiffs to dismiss class claims and resolve for a nominal amount

Represented an energy company in climate change advertising cases brought by California municipalities, resulting in dismissal for lack of personal jurisdiction

Defended Odwalla, Inc. in false advertising claims concerning “healthy” representations following an E. coli outbreak; class allegations were struck and claims dismissed

Regularly advise clients on compliance with California’s SB 478 (the “Honest Pricing Law”) and counsel companies on reducing litigation risk through proactive review of website disclosures and marketing materials

In numerous separate actions, defended Samsung Electronics companies against claims of false and misleading advertising of inkjet printers, MP3 players and hard disk drives, respectively, under California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act

Represented Nestlé USA in Nestlé USA, Inc. v. Crest Foods, Inc., litigation against Crest Foods for trademark infringement, unfair competition, and breach of contract arising out of misuse of the “Nestlé” and “Toll House” trademarks in connection with the Nestlé Toll House Café franchise system

Represented Nespresso USA in a trade-dress infringement case in the Southern District of New York, Nespresso USA, Inc. v. Williams-Sonoma, Inc., concerning the retailer’s competing espresso capsules, and defended against unfair competition counterclaims

Represented Nestlé USA in Nestlé USA, Inc., v. Ultra Distribuciones Mundiales S.A. (W.D. Tex), which was one of the largest gray market goods cases ever litigation and sought to halt the unauthorized sale of millions of dollars annually of gray market Nestlé products to US consumers