Marketing & Advertising Litigation

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Our Approach to Litigation
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Brand equity and consumer loyalty are vital business assets. Their growth and protection – through offensive campaigns and defensive actions – is integral to each company’s success. To ensure the protection and legality of their marketing and advertising efforts, business leaders nationwide turn to King & Spalding.

Our clients benefit from our strong relationships with the FTC, the NAD, the FDA and other federal regulatory agencies before which we appear on a daily basis. We regularly represent clients in marketing and advertising matters before state Attorneys General. Clients draw on lawyers with long-standing First Amendment and defamation experience, who have represented and continue to be called upon by many of the nation’s leading media companies, including NBC, ABC, The New York Times Company and the Associated Press.

Commercial Speech

A core part of our practice focuses on the nexus of the First Amendment and advertising. In constitutional terms, advertising is referred to as “commercial speech,” and we have one of the leading practices in the nation in protecting commercial speech rights from government regulation. King & Spalding's lawyers have been involved in every commercial speech case before the US Supreme Court in the last 12 years.

We work with clients to try to dissuade legislators from enacting restrictions on commercial speech. When restrictions are enacted, we represent clients in lawsuits challenging those restrictions. We also have an active amicus curiae practice in the commercial speech area, having submitted more than a dozen amicus curiae briefs on commercial speech issues, including in virtually every commercial speech case before the U.S. Supreme Court during the past decade. Further, one of our partners is an author of the preeminent treatise on commercial speech law.

In response to the often time-sensitive nature of marketing and advertising initiatives, the firm has developed a leading practice in emergency expedited litigation, quickly and successfully arguing for TRO’s and preliminary injunctions.

Industry Experience

Leading businesses in a broad range of industries turn to the firm to serve as their advertising and marketing counsel, including those in the agriculture, alcoholic beverages, biotechnology, consumer products, dietary supplements, grocery, telecommunications and tobacco, as well as the Association of National Advertisers.

Representative Clients

  • Association of National Advertisers
  • Atlanta Committee for the 1996 Olympic Games
  • The Coca-Cola Company
  • Monsanto Company
Jeffrey S Cashdan (Jeff) 
T: +1 404 572 4818 ATLANTA