Barry M. Benjamin, Managing Partner of the New York office and Chair of Kilpatrick’s Advertising and Marketing group, was honored to co-present with Andrew Lustigman of Olshan law, a discussion of how to engage and strategize around false advertising challenges, for MyLawCLE. The session focused on how to think through challenges to advertising claims, whether your own company’s claims or your competitor’s, as well as the optimal strategies and forums to utilize depending on the circumstances and ultimate goals sought.
Takeaways from the program include:
1. Think Ahead: What is the Strategy?
Whether substantiating advertising claims before they run, considering a challenge to a competitor’s advertising, or defending one’s own claims, strategy is key to achieving a successful outcome. The marketing and business teams often have unrealistic expectations of how quickly legal results can be achieved, and a too-narrow understanding of the full range of legal risks involved. Those legal risks could include governmental enforcement, class actions, competitor challenges, and even simple reputational or public relations risks. Genuine reasons exist to avoid litigation, including costs, diversion of resources, disruption of the business, unexpected collateral events, disclosure of sensitive information to the public and competitors, and unwanted media attention. The lawyer’s chief goal should be managing the expectations of all stakeholders to achieve the best, most realistic...
allegations that they filed false claims to Medicare and Medicaid, agreeing to collectively pay nearly $6 million to resolve accusations that the clinics billed the federal healthcare programs for ...