Brand Activation Legal Committee: May 19, 2022

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For May’s meeting, attorneys from Crowell & Moring will discuss recent federal and state updates relating to advertising technology, ESG claims, substantiation claims, COVID related test and health claims; and recent developments concerning the Metaverse and deceptive online advertising and marketing practices. Presenters are Roy Abernathy, Tiffany Aguiar, Suzanne Trivette, Amy Pauli, Helen Ogunyanwo.

Roy Abernathy, Associate, in Crowell & Moring’s Washington, D.C. office. He is a member of the firm’s Antitrust & Competition and Advertising & Media groups. His practice primarily involves complex litigation in federal and arbitral forums and defending against regulatory challenges.

Roy’s work includes matters involving the defense of advertising issues in consumer class actions and FTC civil investigative demands as well as pricing arbitration. He represents a variety of corporate clients through litigation, regulatory enforcements via the National Advertising Division and Federal Trade Commission, and product counseling in a variety of industries. His work involves client counseling and representation related to Lanham Act false advertising, consumer class false advertising, unfair competition, fraud, contract breach, and antitrust recovery disputes.

Tiffany Aguiar, Associate in the firm’s Antitrust & Competition and Advertising & Media groups and resides in the firm’s Orange County office. Tiffany represents clients in matters related to investigations brought by the Federal Trade Commission and State Attorneys General. She is also a litigator with a practice that focuses on representing Fortune 500 companies across various industries in complex antitrust litigation.

In addition, Tiffany maintains an active pro bono practice, representing clients in consumer law matters and assisting individuals experiencing elder abuse. Tiffany received her J.D. from the University of California, Irvine School of Law. While in law school, she was a judicial extern to the Honorable Christina A. Snyder. Tiffany maintained an active role on campus and served as a research assistant, co-founded the Christian Law Student Association, served on the executive board of the LatinX Law Student Association, and competed as a finalist in UC Irvine’s 2019 Moot Court Competition.

Suzanne Trivette, Associate in Crowell & Moring's New York office and a member of both the Advertising & Media and Intellectual Property groups as well as the State Attorney General practice.

As part of her advertising and media practice, Suzanne represents clients in matters related to marketing practices, advertising challenges before the National Advertising Division of the Council of Better Business Bureaus, and compliance with consumer protection law. She also frequently advises on matters related to investigations brought by the Federal Trade Commission and State Attorneys General and actively tracks State Attorneys General actions on behalf of clients. Her intellectual property practice focuses on representing and counseling clients in trademark, copyright, and patent matters involving litigation and compliance.

Amy Pauli, Litigation Associate, in Crowell & Moring’s Denver office. Amy counsels and represents highly regulated entities in advertising and regulatory compliance risks and disputes, as well as in complex business disputes. She focuses on consumer class actions, false advertising litigation, complex commercial litigation, and appeals.

Amy is a trusted advisor to companies in the food and beverage and agriculture industries. She counsels clients on Food and Drug Administration, Federal Trade Commission, and U.S. Department of Agriculture labeling, advertising, manufacturing, and supplemental nutrition program regulations. Amy’s labeling counseling practice spans label reviews, bottle bill compliance advice, green guide and recycling advertising compliance, and National Advertising Division dispute risk management.

Helen Ogunyanwo, Associate, in Crowell & Moring's Washington, D.C. office. She is a member of the firm's Advertising & Media and Litigation practice groups. Helen represents clients in claims comprising of false advertising, unfair competition, contract breach, trade secrets disputes, and health care disputes. Helen has assisted clients in initiating and defending false advertising challenges before the National Advertising Division (NAD). On behalf of companies in false advertising disputes, she has conducted preliminary research and drafted NAD challenge letters for false advertising claims.

Helen has worked on Lanham Act false adverting cases involving MillerCoors and Novartis. In these matters, Helen’s role consisted of drafting the complaint and/or other discovery motions, leading fact discovery, drafting and analyzing damages reports. Additionally, Helen represented plaintiff in a false advertising matter between two pharmaceutical companies relating to superiority claims. In less than three months, both parties settled and plaintiff received favorable settlement terms.