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Hot Topics in Consumer False Advertising Litigation

Venue

This is a virtual event, accessible online and over the phone. Access instructions will be provided after registration.

Description

This is a complimentary program sponsored by Patterson Belknap.

In this webinar, partners from Patterson Belknap’s False Advertising group (and editors of the MisbrandedBlog.com) will provide a from-the-trenches look at the hottest trends in consumer false advertising litigation as of 2019. The focus will be on food/beverage, drug, and cosmetic products, although many topics will be relevant to other categories of consumer goods.

The particular categories of litigation that we will touch on include: (1) “natural” / “no artificial ingredients” claims; (2) “no preservatives” claims; (3) “made with [X]” (ingredient content) claims; (4) “made in the USA” claims; (5) slack-fill (empty space in product packaging); and (6) non-disclosure of morally troubling/offensive facts.

The webinar will familiarize participants with the theories of liability seen in these cases and the statutory and common-law bases that support them; address key defenses to these claims and how they are faring in the courts; and discuss steps that prudent businesses can take to avoid falling prey to these types of cases.

Educational Objectives:
• Recognize the most frequently encountered theories of liability in consumer false advertising cases as of 2019.
• Understand the key defenses to these theories of liability and the threat that these theories realistically present.
• Learn certain steps that businesses can take in advance to minimize exposure to these types of claims

Who would benefit most from attending this webinar?
In-house attorneys at businesses that market and sell consumer products; non-legal employees responsible for labeling, packaging, and/or advertising of consumer goods who want to understand the legal issues involved; outside attorneys who litigate false-advertising claims on behalf of clients that market and sell consumer products.

Production and programming support is provided by the marketing services team at Bloomberg Next.

Presenters

Joshua Kipnees
  • Partner
  • Patterson Belknap Webb & Tyler LLP

Joshua Kipnees is a Partner in the Firm's Litigation department. His practice focuses on false advertising and complex commercial litigation, including matters relating to mortgage-backed securities transactions and successor liability. Mr. Kipnees has represented clients in the food and beverage, insurance, pharmaceutical, cosmetics, and financial industries in both state and federal courts. Mr. Kipnees has also led numerous internal investigations involving regulatory and compliance reviews.

From 2009 to 2010, Mr. Kipnees served as Law Clerk to Chief Justice Rabner, New Jersey Supreme Court, and from 2010 to 2011, he served as Law Clerk to the Hon. Leonard I. Garth, U.S. Court of Appeals for the Third Circuit.

Jonah M. Knobler
  • Partner
  • Patterson Belknap Webb & Tyler LLP

Jonah M. Knobler practices in the Firm’s Litigation department. His practice centers on class action defense; false advertising litigation; and food-and-drug law.

Mr. Knobler has over a decade of experience representing global and national pharmaceutical, food, beverage, cosmetic, and dietary supplement manufacturers in high-stakes false advertising, consumer protection, civil RICO, and product liability suits. His practice has given him a keen understanding of FDA-regulated industries and the surrounding regulatory landscape. He frequently litigates and publishes on cutting-edge legal topics of interest to these industries, such as standing, preemption, class certification, damages models, innovator liability, and commercial free speech. Mr. Knobler has also handled key appeals in both the state and federal systems, including in the U.S. Supreme Court and most federal Courts of Appeals. His active pro bono practice presently focuses on voting rights and LGBT rights.

Recently, Mr. Knobler was named to the National LGBT Bar Association’s 2018 “Best LGBT Lawyers Under 40,” which recognizes 40 LGBT legal professionals “who have distinguished themselves in their field and have demonstrated a profound commitment to LGBT equality.” He was also named to Benchmark Litigation’s 2017 and 2018 “Under 40 Hotlist,” which recognizes “practitioners … aged 40 or younger [who] have been deemed the most promising emerging talent in their respective litigation communities … by peers and clients.”

From 2009 to 2010, Mr. Knobler served as a law clerk to the Honorable Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit. From 2008 to 2009, Mr. Knobler served as a law clerk to the Honorable Frederic Block of the U.S. District Court for the Eastern District of New York.  In 2004, Mr. Knobler held a McCleary Law Fellowship at the Human Rights Campaign.

Jane Metcalf
  • Partner
  • Patterson Belknap Webb & Tyler LLP

Jane Metcalf is a Partner in the Firm’s Litigation department. Her practice focuses on complex commercial litigation, with an emphasis on false advertising, intellectual property, class-action defense, and litigation involving FDA-regulated products.  She also advises clients in internal investigations and in responding to inquiries and subpoenas from government and regulatory agencies.

Prior to joining the Firm, Ms. Metcalf served as a law clerk to the Hon. Paul G. Gardephe in the United States District Court for the Southern District of New York, and to the Hon. Raymond J. Lohier, Jr. in the United States Court of Appeals for the Second Circuit.

Continuing Education

Credits:
1.0 General COA, 1.0 CLE
Prerequisite:
A basic understanding of false advertising litigation.
Level:
Intermediate
Production Date:
06/18/2019