Debevoise & Plimpton LLP is a recognized authority in advertising and marketing litigation matters, offering comprehensive services to major clients. The practice has particular expertise in defending advertisements before regulators and handling false advertising disputes before the FTC, FDA, and the NAD. Additionally, it is accomplished in prosecuting and defending against requests for preliminary injunctions. Headed by David Bernstein who is based between New York and San Francisco, the team represents an impressive client base from a wide range of industries including consumer goods, cosmetics, and financial institutions. Bernstein has extensive experience in IP claims and trademark cases. He is an extremely active presence in the firm, often leading in high-profile matters. New York-based Megan Bannigan and Jared Kagan also play key roles in the group, providing deep knowledge of trademark, copyright, false advertising, and contract disputes cases. Bannigan has notably testified as an expert before the United States Senate Judiciary Intellectual Property Subcommittee on the issue of fraudulent trademarks. In Washington DC, Paul Rubin has substantial experience aiding clients through FTC investigations, NAD disputes, and Lanham Act cases.

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Key clients

  • Abbott Labs
  • Agilon Health
  • American Express
  • BodyArmor
  • CooperVision
  • Kind
  • Italic Inc.
  • L’Oreal
  • Marketing Architects
  • Merck KGaA
  • Pernod Ricard
  • StockX
  • Frontier Communications

Work highlights

  • Represented Frontier Communications Parent, Inc. before the National Advertising Division of the BBB National Programs in cross-claims against Charter Communications, Inc., with each party challenging the other’s advertising claims related to the speed and reliability of their competing Internet services.
  • Representing Merck KGaA in litigation against its former subsidiary, Merck & Co., in a wide-ranging advertising and trademark dispute that is one of more than a dozen disputes between the companies worldwide.
  • Represented Pernod Ricard in a NAD challenge against Bacardi’s advertising and labeling for its ersatz Havana Club rum, which, despite its misleading name and labeling, is made in Puerto Rico.

Lawyers

Hall of Fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Leading associates
Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.

Practice head

The lawyer(s) leading their teams.

David H. Bernstein