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North America - United States • Media, technology and telecoms

Proskauer Rose LLP

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Lanham Act disputes and advertising challenges before the NAD and NARB are key expertise of Proskauer Rose LLP. The New York-based practice also represents clients from a range of sectors in false advertising claims, marketing and unfair competition claims, and IP disputes. Leading the team is Baldassare Vinti, who is adept in IP litigation with a focus on advertising and patent law andexperience handling cases in federal and state courts, as well as before the Patent Trial and Appeal Board, the International Trade Commission, and international arbitration tribunals. Other key members of the team are Jeffrey Warshafsky – who specializes in consumer class actions, sports litigation, false advertising, and IP disputes – and Jennifer Yang – who concentrates on false advertising claims and IP disputes. They are both regularly involved in representing clients before the NAD and NARB. The practice has notably had four partners join the team in 2023, Erik Milch and Joseph Drayton from Cooley LLP; and Grant Esposito and David Fioccola from Morrison Foerster.

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Testimonials

Collated independently by Legal 500 research team.

  • ‘Jeffrey Warshafsky and Jennifer Yang are experts in advertising law.’

Key clients

  • Church & Dwight, Co.
  • Welch Foods Inc.
  • S.C. Johnson & Son, Inc.
  • Bausch Health
  • PVH Corp.
  • SoClean, Inc.
  • NFL Properties, Inc.
  • The Guess Who

Work highlights

  • Represented Welch Foods Inc. in numerous threatened class actions from consumers alleging false advertising of Welch’s juice drinks.
  • Representing two founding members of Canadian rock band, The Guess Who in a false advertising lawsuit filed by two other original members of the band.
  • Represented of S.C. Johnson & Son, Inc. in challenging competitors’ advertising in a variety of areas, including drain clog removers and home cleaning products, and for various advertising counseling and due diligence matters.

Lawyers

Leading associates

Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.

Jennifer Yang

Jennifer Yang

Proskauer Rose LLP

Jennifer Yang is a senior counsel in Proskauer's Litigation Department. She is a commercial litigator with a particular emphasis on false advertising and other intellectual property disputes, including Lanham Act and consumer class action false advertising litigation, advertising challenges before the National Advertising Division, as well as trademark, trade secret and copyright litigation. She has experience representing clients in a variety of industries, including medical device companies, consumer products companies, food and beverage companies, fashion retailers and art foundations. Jennifer is an author and editor of Proskauer’s advertising law blog, Proskauer on Advertising.

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Baldassare Vinti

Baldassare Vinti

Proskauer Rose LLP

Baldassare (“Baldo”) Vinti chairs Proskauer’s Intellectual Property Litigation Group. Baldo’s practice focuses on litigating patent, false advertising, trade secret, life sciences, trademark and contractual matters in federal and state courts and before the International Trade Commission. He is a seasoned trial attorney responsible for all aspects of litigation, including Markman hearings, appeals before the Federal Circuit, case preparation and strategy, depositions, motion practice, and settlement negotiations. He has represented clients in high-stakes matters involving a broad range of technologies, including medical devices, diagnostics, immunoassays, prosthetics, pharmaceuticals, dental implants, electronic medical records systems, encryption technology, wound dressings, digital video compression, electronic book delivery and security systems, mobile media technologies, navigation and location-based services, bandwidth management, bar code scanning, lasers , and other technologies. Baldo has represented numerous major corporations, including Arkema S.A., British Telecommunications PLC, Church & Dwight Co., Inc., Henry Schein, Inc., Maidenform Brands Inc., Mitsubishi Electric Corp., Ossur North America Inc., Panasonic Corp., Sony Corp., Welch Foods, Inc., and Zenith Electronics LLC. In addition, Baldo regularly handles transactional work, including intellectual property due diligence, licensing, intellectual property structural transactions, patentability studies, infringement/non-infringement opinions, and client counseling in intellectual property matters.   Baldo is an author and frequent commentator on patent issues pertaining to medical devices and a host of other intellectual property topics, and has been quoted in the National Law Journal, Bloomberg BNA, Law360, Westlaw Journal and Inside Counsel magazine. He is also a regular contributor of articles published in Medical Product Outsourcing magazine that deal with the medical device industry. Baldo served as a judicial intern for Hon. John E. Sprizzo of the United States District Court for the Southern District of New York and for Hon. Charles A. LaTorella of the New York Supreme Court.

Next generation partners

Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.

Jeffrey Warshafsky

Jeffrey Warshafsky

Proskauer Rose LLP

Jeff Warshafsky is a partner in Proskauer's Litigation Department. A versatile commercial litigator and strategic advisor, Jeff specializes in consumer class actions, sports litigation, false advertising, trademark, and other intellectual property disputes. Jeff defends companies in connection with consumer class actions involving advertising and privacy issues. He has handled dozens of class actions around the country for multinational companies across diverse sectors including consumer product companies, retailers, and sports leagues. Jeff also counsels clients to avoid being targeted in such actions, helps them respond to demand letters from plaintiffs’ counsel, and negotiates resolutions. Additionally, Jeff represents clients in competitor versus competitor advertising disputes, including in Lanham Act cases and advertising self-regulation disputes before the National Advertising Division and the National Advertising Review Board. He also counsels companies on advertising substantiation issues, with an emphasis on complex scientific testing, such as clinical trials and sensory testing. Jeff regularly advises major sports leagues on complex business disputes. Jeff maintains a robust pro bono immigration practice, assisting clients with asylum and U-Visa applications and in connection with removal proceedings. In addition to his active practice, Jeff is an editor of and contributor to the Firm’s false advertising blog.

Practice head

The lawyer(s) leading their teams.

Baldassare Vinti