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2026-01-14 13:00:00

2 Credits

False advertising litigation strategies for plaintiffs and defendants, covering forum selection, claim analysis, substantiation requirements, and defense tactics.

2026-01-14 13:00:00

False advertising litigation strategies for plaintiffs and defendants, covering forum selection, claim analysis, substantiation requirements, and defense tactics.

2026-01-14 13:00:00

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Live stream programs

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn pre-litigation strategies, forum selection, claim analysis, substantiation requirements, and defense tactics for false advertising cases under the Lanham Act.

What will you gain

Attorneys will gain practical frameworks for evaluating claims, understanding NAD versus federal court procedures, and developing effective plaintiff or defendant strategies.

Pre-Litigation
Evaluate strategic options including demand letters, NAD challenges, and regulatory complaints.
Forum Selection
Compare NAD proceedings versus federal court litigation based on burden of proof.
Claim Analysis
Distinguish between express and implied claims affecting substantiation requirements.
Substantiation
Understand competent and reliable scientific evidence standards for advertising claims.
Puffery Defense
Identify when general superiority statements qualify as non-actionable puffery.
Testing Standards
Evaluate methodology requirements for surveys and scientific studies in litigation.

What will you learn

Attorneys will learn pre-litigation strategies, forum selection, claim analysis, substantiation requirements, and defense tactics for false advertising cases under the Lanham Act.

What will you gain

Attorneys will gain practical frameworks for evaluating claims, understanding NAD versus federal court procedures, and developing effective plaintiff or defendant strategies.

Agenda

Session 1

Plaintiff Pre-Litigation Strategies and Alternative Approaches

Session 2

Forum Selection and Proving False Advertising Claims

Session 3

Survey Evidence in False Advertising Litigation

Break

Afternoon Break

Session 4

Defendant Substantiation and Puffery Defense Strategies

Session 5

Defense Response Tactics and Expert Involvement

Session 6

Evaluating Forums and Managing Adverse Decisions

clock 1:00 pm - 1:20 pm EST

Plaintiff Pre-Litigation Strategies and Alternative Approaches

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

This 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 1:20 pm - 1:40 pm EST

Forum Selection and Proving False Advertising Claims

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Learn 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 1:40 pm - 2:00 pm EST

Survey Evidence in False Advertising Litigation

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Understand 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 2:00 pm - 2:10 pm EST

Afternoon Break

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

A short break to refresh before the defendant-focused afternoon sessions. Participants can network and prepare questions for the remaining presentations.

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 2:10 pm - 2:30 pm EST

Defendant Substantiation and Puffery Defense Strategies

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Explore 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 2:30 pm - 2:50 pm EST

Defense Response Tactics and Expert Involvement

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Master 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

clock 2:50 pm - 3:10 pm EST

Evaluating Forums and Managing Adverse Decisions

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Compare 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

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

01 07
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Andrew Lustigman

Olshan Frome Wolosky LLP

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

Andrew Lustigman

Olshan Frome Wolosky LLP

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.

Recognition & Leadership

Repeatedly recognized as a leader in his field and as an authority on advertising and promotional marketing law. Regularly appears on television, radio, and in publications such as The Wall Street Journal, New York Post, The National Law Journal, New York Law Journal, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, and Luxury Daily. Has testified as an expert witness on advertising compliance in federal court.

Professional Involvement

Co-managing partner of the firm and member of its Executive Committee. Frequently speaks on advertising and promotional marketing law topics throughout the country. Publisher of Olshan's Advertising Law Blog since its inception in the early 2000s.

Experience

Advises on clearance of advertising, promotions, and marketing materials, structures sweepstakes, games of skill, fundraising promotions, contests, social media programs, and direct marketing campaigns. Conducts advertising and marketing due diligence in mergers, acquisitions and investments. Significant experience with FTC and FDA regulatory requirements regarding health claims, advertising, labeling and distributing health-related products including OTC products, dietary supplements, medical devices, cosmetics, and medical foods. Represents clients in investigations and litigation brought by FTC, FDA, DOJ, FCC, U.S. Postal Service, state attorneys general, and other governmental authorities. Experience with class action cases and commercial litigation alleging false and deceptive advertising. Frequently appears in federal and state court and before the National Advertising Division of the Better Business Bureau. Retained by Am Law 100 firms as special counsel on advertising compliance matters.

Andrew Lustigman

Olshan Frome Wolosky LLP

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.

Recognition & Leadership

Repeatedly recognized as a leader in his field and as an authority on advertising and promotional marketing law. Regularly appears on television, radio, and in publications such as The Wall Street Journal, New York Post, The National Law Journal, New York Law Journal, Inside Counsel, Bloomberg BNA, Law360, Mobile Marketer, and Luxury Daily. Has testified as an expert witness on advertising compliance in federal court.

Professional Involvement

Co-managing partner of the firm and member of its Executive Committee. Frequently speaks on advertising and promotional marketing law topics throughout the country. Publisher of Olshan's Advertising Law Blog since its inception in the early 2000s.

Experience

Advises on clearance of advertising, promotions, and marketing materials, structures sweepstakes, games of skill, fundraising promotions, contests, social media programs, and direct marketing campaigns. Conducts advertising and marketing due diligence in mergers, acquisitions and investments. Significant experience with FTC and FDA regulatory requirements regarding health claims, advertising, labeling and distributing health-related products including OTC products, dietary supplements, medical devices, cosmetics, and medical foods. Represents clients in investigations and litigation brought by FTC, FDA, DOJ, FCC, U.S. Postal Service, state attorneys general, and other governmental authorities. Experience with class action cases and commercial litigation alleging false and deceptive advertising. Frequently appears in federal and state court and before the National Advertising Division of the Better Business Bureau. Retained by Am Law 100 firms as special counsel on advertising compliance matters.

Barry Benjamin

Kilpatrick Townsend & Stockton LLP

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.

Professional Involvement

Chairs Kilpatrick's Advertising and Marketing group. Managing partner of the firm's New York office.

Experience

Advises clients across industries including retail, fashion, gaming, telecommunications, cosmetics, food and beverage, consumer products, and technology. Regularly drafts and negotiates advertising, technology, and commercial contracts. Assists clients with advertising review, social media engagement, and promotions marketing. Represents companies in court, in competitor challenges and investigations through the self-regulatory advertising industry process (NAD, CARU), and in governmental and regulatory (FTC, State AG) inquiries and investigations.

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Why Attend

Why this 
program matters

Understanding false advertising litigation is critical for legal practitioners because it affects nearly every industry and requires mastery of complex substantiation standards, forum selection, and evolving regulatory requirements.
500+
False advertising cases filed in California district courts alone in the past year, spanning pet care, personal care, food and beverage, and healthcare industries.
97%
Compliance rate with NAD decisions, as the strong FTC referral enforcement deterrent results in near-universal advertiser compliance with self-regulatory recommendations.
6k+
Self-regulatory legal cases and detailed analysis contained in the NAD, NARB, and CARU online archive dating back to the 1970s.
$337M
Consumer refunds returned by the FTC in 2024 as a result of the agency’s law enforcement actions against deceptive advertising and unfair practices.

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