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New Hampshire Joins Data Protection Trend, Passes Comprehensive Data Protection Law
  1. Services
  2. Litigation

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.

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:

  • False Advertising Litigation: Defending against claims of misleading advertising, false claims and deceptive marketing practices.
  • Unfair Competition & Business Disputes: Litigating claims involving unfair business practices, trade libel and market manipulation brought by competitors.
  • Consumer Protection & Class Actions: Resolving class actions under the FTC Act, Lanham Act and state consumer protection statutes.
  • Regulatory Investigations & Defense: 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.

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
  • Mark S. Eisen
    Litigation
    Chicago
  • Krista M. Enns
    Litigation
    San Francisco
  • Andrew J. Jarzyna
    Litigation
    Chicago
  • Michael D. Meuti
    Litigation
    Cleveland
  • Alyssa A. Moscarino
    Litigation
    Cleveland
  • Stephanie A. Sheridan
    Litigation
    San Francisco

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