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Overview

While many companies are increasingly targeted by an aggressive plaintiffs’ bar, as well as state and federal agencies, with false advertising and deceptive trade practices litigation, Goldberg Kohn has built a team of attorneys experienced in defending against these complex cases. Our attorneys are prepared to assist clients with addressing the idiosyncrasies of these cases, as well as navigating the patchwork quilt of applicable state and federal laws and regulations. 

We understand that a company’s products are the lifeblood of its business, and that its litigation strategy must reflect the company’s business goals concerning the sale and marketing of its products. To provide clients the best defense, our team remains on the cutting edge of developments concerning various state consumer-protection statues as well as the interplay with and enforcement of federal regulations. We leverage our deep knowledge of the law, and our client's business, to craft innovative defense strategies, putting opponents on the defensive and posturing cases for favorable resolution.  

We seek to favorably resolve these claims by: 

  • Developing an understanding of our clients’ businesses, products and marketing objectives; 
  • Leveraging our deep knowledge of the law and class-action practice to develop creative and decisive litigation strategies, with an eye toward early-stage resolution;  
  • Understanding key scientific and technical areas to develop effective merits defenses; and 
  • Applying a deft interpersonal and professional awareness to present persuasive arguments to the court, effectively prepare and examine witnesses and facilitate settlement.  

Our team is particularly experienced in representing manufacturers and distributors of consumer, personal care, dietary supplement and cosmetic products, and have handled large-scale false advertising/deceptive trade practices claims matters including: 

  • Consumer class action and Multi-District Litigation (MDL) defense; 
  • Bet-the-company litigation involving claims covering numerous product segments, representations of product safety and efficacy, the interplay between false advertising/deceptive trade practices acts and product liability laws;  
  • Cases involving complex, scientific issues, where an in-depth understanding of expert analyses, clinical studies and other scientific evidence is central to a client’s defense; 
  • State attorney general investigations; 
  • Lanham Act advertising litigation; and 
  • Disputes before the National Advertising Division (NAD) of the Better Business Bureau