Advertising or promotional information is sometimes accused of being deceptive or false. Damages based on state or federal law can include the plaintiff’s lost profits (due to lost sales and/or elevated costs) or defendant’s unjust enrichment (including potential disgorgement) for the set of customers who would have potentially been confused, including but not limited to those exposed to literally false information.
Engaged to provide testimony and consulting for plaintiffs and defendants in exclusive dealing matters, including in the following industries.