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.
Barry M. Benjamin
Andrew Lustigman 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.
Barry M. BenjaminAndrew Lustigman 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.
Barry M. BenjaminAndrew Lustigman 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.
Barry M. BenjaminAndrew Lustigman 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.
Barry M. BenjaminAndrew Lustigman 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.
Barry M. BenjaminAndrew Lustigman 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.
Barry M. BenjaminAndrew LustigmanBarry M. Benjamin is a partner at Venable LLP in New York and a nationally recognized advertising and technology attorney with more than two decades of experience advising companies on advertising law, marketing compliance, privacy, technology transactions, and high-stakes disputes. His practice spans counseling clients on advertising campaigns, promotions, social media, influencer marketing, privacy compliance, and commercial transactions, as well as representing businesses in regulatory investigations, self-regulatory proceedings, class actions, and complex litigation. Barry advises clients across numerous industries, including consumer products, retail, hospitality, telecommunications, digital media, food and beverage, and entertainment.
Andrew Lustigman is a partner at Olshan Frome Wolosky LLP, where he chairs the Advertising, Marketing & Promotions Group and co-chairs the Brand Management & Protection Group. He advises domestic and international clients on a broad range of advertising, marketing, and promotional law matters, providing strategic counsel on regulatory compliance, marketing campaigns, and brand protection. Andrew regularly represents advertisers, marketers, agencies, and suppliers in regulatory investigations, enforcement actions, and litigation, with extensive experience helping clients navigate complex advertising, consumer protection, and promotional marketing laws across traditional and digital media.
Barry M. Benjamin is a partner at Venable LLP in New York and a nationally recognized advertising and technology attorney with more than two decades of experience advising companies on advertising law, marketing compliance, privacy, technology transactions, and high-stakes disputes. His practice spans counseling clients on advertising campaigns, promotions, social media, influencer marketing, privacy compliance, and commercial transactions, as well as representing businesses in regulatory investigations, self-regulatory proceedings, class actions, and complex litigation. Barry advises clients across numerous industries, including consumer products, retail, hospitality, telecommunications, digital media, food and beverage, and entertainment.
Andrew Lustigman is a partner at Olshan Frome Wolosky LLP, where he chairs the Advertising, Marketing & Promotions Group and co-chairs the Brand Management & Protection Group. He advises domestic and international clients on a broad range of advertising, marketing, and promotional law matters, providing strategic counsel on regulatory compliance, marketing campaigns, and brand protection. Andrew regularly represents advertisers, marketers, agencies, and suppliers in regulatory investigations, enforcement actions, and litigation, with extensive experience helping clients navigate complex advertising, consumer protection, and promotional marketing laws across traditional and digital media.
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
