False Advertising & Unfair Competition
Leading companies trust Benesch to defend their brands and protect market share in high-stakes disputes involving advertising and competition. Our attorneys bring decades of courtroom and regulatory experience, backed by deep knowledge of federal and state consumer protection laws, unfair business practices and competitor-driven claims.
Overview
We know how to stop claims in their tracks, whether in government enforcement actions, class actions or competitor lawsuits. Our team crafts aggressive, strategic defenses for companies facing claims of deceptive marketing, misleading advertising and anti-competitive conduct. Our attorneys are adept at providing quick and decisive actions to mitigate risk and achieve favorable outcomes. We tailor defensive strategy for each client and each claim, focusing on protecting our clients’ brands and market interests.
Comprehensive Capabilities Across Claims and Forums
We represent clients across the full spectrum of allegations of false advertising and unfair competition claims in many forums, representing clients in matters including:
Defending against claims of misleading advertising, false claims and deceptive marketing practices.
Litigating claims involving unfair business practices, trade libel and market manipulation brought by competitors.
Resolving class actions under the FTC Act, Lanham Act and state consumer protection statutes.
Representing and guiding companies in government enforcement actions brought by the FTC, state attorneys general and consumer protection agencies.
Risk Mitigation
In addition to litigation, we also work with clients to mitigate the risk of future lawsuits. Our attorneys regularly advise on advertising compliance, disclosures and marketing best practices to comply with federal and state advertising and consumer protection statutes.
Related Industries and Practices
Our work in action
Representative Examples
Represented a Fortune 500 logistics company
against the former owners of an acquired company in litigation for corporate espionage, improper acquisition of computer software, and breach of noncompetition agreements. The case resulted in a permanent injunction in our client’s favor and a seven-figure settlement payment to our client.
Successfully defended a power manufacturing company
against a competitor’s trade secret misappropriation claims. After a two-week trial, the jury deliberated for ten minutes before finding for our client. The jury also found that the competitor brought its trade secret claims in bad faith, thereby allowing our client to recover seven figures in attorneys’ fees from the competitor.
Successfully defended a major consumer brand
in a competitor-driven false advertising lawsuit, securing dismissal of claims under the Lanham Act.
Represented a Fortune 500 company
in a state attorney general investigation involving alleged unfair competition and deceptive advertising claims, securing a favorable settlement.
Key Contacts

Bryna Dahlin
Partner, Litigation; Chair, Cannabis Industry Group Chicago bdahlin@beneschlaw.com
Krista M. Enns
Partner San Francisco kenns@beneschlaw.com
Mark S. Eisen
Co-Chair, Privacy Litigation & Compliance Practice Group; Co-Chair, Class Action Practice Group Chicago meisen@beneschlaw.com
Michael D. Meuti
Chair, Appellate Practice Group Cleveland mmeuti@beneschlaw.com