Program Details
2026-01-14 13:00:00
Over 1,000+ webinars
Course Overview
2026-01-14 13:00:00
2h CLE Credits
Intermediate
2
1:00 pm - 1:20 pm ESTThis session explores strategic options before filing suit, including the ‘do nothing’ approach, counter-advertising campaigns, and demand letters. Participants will also examine NAD proceedings, regulatory complaints, and network review programs as alternatives to litigation.
Andrew Lustigman.
Barry Benjamin 1:20 pm - 1:40 pm ESTLearn how to analyze competitor claims, choose the optimal forum, and develop effective complaints under the Lanham Act framework. This session covers the critical distinction between express and implied claims and their differing evidentiary burdens.
Andrew Lustigman.Barry Benjamin 1:40 pm - 2:00 pm ESTUnderstand when consumer surveys are necessary to prove implied claims and deception. This session addresses survey methodology requirements, pilot survey considerations, and how NAD approaches survey evidence differently than federal courts.
Andrew Lustigman.Barry Benjamin 2:00 pm - 2:10 pm ESTA short break to refresh before the defendant-focused afternoon sessions. Participants can network and prepare questions for the remaining presentations.
Andrew Lustigman.Barry Benjamin 2:10 pm - 2:30 pm ESTExplore pre-campaign substantiation requirements and what constitutes competent and reliable scientific evidence under FTC standards. This session examines the puffery defense, including the landmark Papa John’s case and NAD’s more restrictive approach.
Andrew Lustigman.Barry Benjamin 2:30 pm - 2:50 pm ESTMaster claim classification terminology, comparative claim substantiation levels, and the heightened risks of establishment claims. Learn how to effectively involve experts and address influencer attribution issues in defending advertising challenges.
Andrew Lustigman.Barry Benjamin 2:50 pm - 3:10 pm ESTCompare litigation strategies across NAD, federal court, and regulatory proceedings, including differing burdens of proof. This session analyzes preliminary injunction standards, Daubert challenges, and recent case studies illustrating remedy limitations.
Andrew Lustigman.Barry BenjaminAndrew Lustigman offers comprehensive counsel to domestic and international clients on advertising, marketing and promotions matters, representing them in regulatory investigations, enforcement actions, and litigation. He chairs Olshan’s Advertising, Marketing & Promotions Group and co-chairs its Brand Management & Protection Group.
Barry M. Benjamin chairs Kilpatrick’s Advertising and Marketing group and is the managing partner of the firm’s New York office. His practice focuses on advertising, technology, and privacy, advising clients from multinational corporations to start-up ventures across numerous industries.
Andrew Lustigman offers comprehensive counsel to domestic and international clients on advertising, marketing and promotions matters, representing them in regulatory investigations, enforcement actions, and litigation. He chairs Olshan’s Advertising, Marketing & Promotions Group and co-chairs its Brand Management & Protection Group.
Barry M. Benjamin chairs Kilpatrick’s Advertising and Marketing group and is the managing partner of the firm’s New York office. His practice focuses on advertising, technology, and privacy, advising clients from multinational corporations to start-up ventures across numerous industries.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
