Richard J. Leighton: Lawyer with Keller and Heckman LLP

Richard J. Leighton

View Richard J. Leighton 's Martindale-Hubbell Connected Profile
Partner
Washington,  DC  U.S.A.
Phone202.434.4220

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

Featured AV Peer Review Rated Lawyer IconFeatured AV Peer Review Rated Lawyer Icon
Printer Friendly VersionEmail this PageDownload to My Outlook ContactsAdd lawyer to My FavoritesCompare this lawyer to other lawyers in your favorites

Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Advertising and Promotion
  • Antitrust
  • Employment and Labor
  • Privacy, Data Security and Digital Media
  • Environmental
  • Intellectual Property
  • Litigation
 
University Pennsylvania State University, B.A., 1962
 
Law SchoolAmerican University, J.D., 1970
 
Admitted1971, Maryland and District of Columbia
 
Memberships 

Membership

National Institute for Trial Advocacy (Program Leader)
Federal American Inn of Court (Past President)
Commercial and Large Complex Case Panels of the American Arbitration Association
Advertising and Trademark Panel of the Center for Public Resources/INTA
ADR Committee of the International Trademark Association

 
Biography

Dick Leighton is a trial and appellate lawyer as well as a commercial arbitrator and mediator. He has a national practice representing business and trade association clients before federal and state courts, regulatory and self-regulatory bodies, legislative committees, and alternative dispute resolution forums. Mr. Leighton is most frequently involved in food, drug, environmental, and contract issues, especially those related to advertising, labeling, promotion, trademarks, and franchising.

Mr. Leighton is the co-author of U.S. Direct Marketing Law: The Complete Handbook for Managers and the author of many law review articles. He is a Senior fellow of the Administrative Conference of the United States, he has been named by Washingtonian Magazine as one of the 50 Best Lawyers in Washington and is listed in Who's Who and Who's Who in American Law. Mr. Leighton is AV Preeminent TM Rated by Martindale-Hubbell. He also has been selected as one of America's Best Lawyers practicing advertising law.

News

Mar 31, 2009 Partner Richard Leighton Quoted on the Puffery Defense
Jun 25, 2010 Partner Dick Leighton to Speak at PLI Conference on Advertising Law
Aug 04, 2010 Partner Dick Leighton to Co-Lead National Institute for Trial Advocacy Deposition Program
Jan 26, 2011 Partner Richard Leighton to Serve as Moderator at FDLI Food Advertising Law Conference
Apr 05, 2011 Partner Richard Leighton to Speak at 54th Annual FDLI Conference
Jun 23, 2011 Partner Dick Leighton to Moderate Teleprogram on Use of Surveys in Advertising Substantiation
Aug 23, 2012 Keller and Heckman LLP has Four Attorneys Named to The Best Lawyers in America 2013
Jun 18, 2013 Keller and Heckman's Attorneys Recognized for Pro Bono Efforts
Nov 07, 2013 Richard Leighton to Appear on ABA Admin Law Panel on Changing Controls on Commercial Speech by the Federal Enforcement Agencies
Dec 22, 2008 Keller and Heckman LLP Schedules Annual Practical Food Law Program
Aug 15, 2013 Keller and Heckman LLP has Four Attorneys Named to The Best Lawyers in America 2014
Aug 20, 2014 Keller and Heckman LLP Attorneys Named to The Best Lawyers in America 2015

Events

Mar 12, 2007 Practical Food Law: The Essentials (March 12-13, 2007) and Labeling, Advertising, and Promotion (March 14-15, 2007)
Oct 16, 2007 Practical Food Law
Mar 10, 2008 Practical Food Law
Jun 09, 2008 American Conference Institute (ACI's) 2nd Annual In-House Counsel Forum on Manufacturing, Marketing and Distributing Dietary Supplements, Nutraceuticals and Functional Foods
Sep 22, 2008 The NAD Annual Conference: What's New in Comparative Advertising, Claim Support and Self-Regulation
Sep 22, 2008 Annual Conference of the National Advertising Division of the Council of Better Business Bureaus
Mar 16, 2009 Keller and Heckman's Annual Practical Food Law Program, San Francisco, California
Jun 06, 2009 National Institute for Trial Advocacy Program
Aug 06, 2009 National Institute for Trial Advocacy
Mar 21, 2011 Keller and Heckman's Annual Practical Food Law Program, San Francisco, California
Mar 19, 2012 Registration is closed - March 19-22, 2012- Keller and Heckman's Annual Practical Food Law Program, San Francisco, California
Jul 30, 2014 Dick Leighton to Speak at the National Institute for Trial Advocacy's Deposition Skills Program

Articles

Jun 12, 2014 Supreme Court: Lanham Act Suit Not Preempted By FDA Regulation
Mar 26, 2014 Advertising Law Alert: SCOTUS Rules Indirect Competitors May Bring 43(a) False Advertising Action
Sep 25, 2013 Uncommon (and Hefty) Antitrust and False Advertising Verdict
Jul 19, 2013 Failure to Strictly Comply with FDA Regulations May Get You Sued
Jan 17, 2013 15 Second Advertising Law Alert: FTC Issues Awaited POM Decision; Ducks Key Substantiation Issue
Jun 14, 2012 Awarding Attorney's Fees in Exceptional Lanham Act Cases: A Jumble of Murky Law
May 22, 2012 15-Second Advertising Law Alert: ALJ Clarifies Evidence Needed to Support Health-Related Ad Claims
May 18, 2012 15-Second Advertising Law Alert: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified
Mar 15, 2012 15-Second Advertising Law Alert: Blue-Sky Decision on Materiality and Damages Enhancement
Mar 07, 2012 15-Second Advertising Law Alert: Required Graphic Cigarette Labeling Held Unconstitutional
Feb 17, 2012 15-Second Advertising Law Alert: Michael Jordan's Judicial Air Ball
Feb 14, 2012 15-Second Advertising Law Alert: Snow Job Gets Icy Reception
Jan 19, 2012 15-Second Advertising Law Alert: Twombly-Iqbal Challenges Come to Lanham Act Advertising Cases
Jan 05, 2012 15-Second Advertising Law Alert: The Not-So-Sweet Smell of Unsuccessful Testing
Dec 16, 2011 15-Second Advertising Law Alert: Appearances Can Count In Substantiation Testing
Nov 22, 2011 Advertising Law Alert: National Class Denied In Nutella Spread Case
Nov 15, 2011 15-Second Note to In-House Counsel: Three Steps To Take Before Approving Comparative Claims
Sep 27, 2011 15-Second Advertising Law Alert: Sound and Fury of Software Providers Held to Signify Nothing
Aug 31, 2011 15-Second Advertising Law Alert: Nutella Consumer Plaintiffs are Back, at Least for Awhile
Jun 08, 2011 15-Second Advertising Law Alert: Using the Advertising Back Door to Cancel Certification Marks
May 10, 2011 15-Second Advertising Law Alert: Refusal to Enjoin Steamy Ads Based on Likely Implied Jury Findings
Apr 22, 2011 Private Advertising Litigation (PAL) Recent Developments v. 44
Apr 04, 2011 15-Second Advertising Law Alert: New Expert Protections Applied to Consumer Survey Device
Mar 29, 2011 Private Advertising Litigation (PAL) Recent Developments v. 42
Feb 28, 2011 15-Second Advertising Law Alert: 5th Circuit Explores Outer Limits of Lanham Act Standing
Jan 03, 2011 Advertising and Food and Drug Law Report: Consent Orders Provoke Debate Over FTC and FDA Substantiation Standards
Dec 15, 2010 15-Second Advertising Law Alert: Third Circuit Adopts Substantial Compliance Defense
Nov 29, 2010 15-Second Advertising Law Alert: 7th Circuit Cuts Through Lanham Act Attorneys' Fees Jungle
Oct 04, 2010 15-Second Advertising Law Alert: Hormone Free Type Claims Protected by 1st Amendment
Sep 22, 2010 15-Second Advertising Law Alert: OFPA Does Not Preempt State False Advertising Laws
Jul 30, 2010 15-Second Advertising Alert: Historic VitaminWater Case Survives Motion to Dismiss
Jul 26, 2010 Client Alert: The Attorney-Client Privilege and Former Employees
May 26, 2010 15-Second Advertising Law Alert: Stalking Lanham With Dictionaries In State Actions
May 13, 2010 15-Second Advertising Law Alert: Another Collision at the FFDCA and Lanham Act Intersection
May 06, 2010 15-Second Advertising Law Alert: Rare Malicious Prosecution of Lanham Act Claims Recognized
Apr 30, 2010 15-Second Advertising Law Alert: Establishing Claims and Puffery Energetically Explored
Apr 09, 2010 15-Second Advertising Law Alert: The Origin of the Specious: Views from the Evolving Rum Wars
Apr 05, 2010 15-Second Advertising Law Alert: Tiffany Case Finally Decided: Advertising Count Remanded
Mar 31, 2010 15-Second Advertising Law Alert: Press Release on Injunction Can Be Actionable
Mar 03, 2010 15-Second Advertising Law Alert: Initial Decision on CDA Immunity Issued in Subway Case
Feb 15, 2010 15-Second Advertising Law Alert: Whether Consumers Are Deceived Is Not Renewable Early, But Puffery Is
Jan 21, 2010 15-Second Advertising Law Alert: Company and Its President Liable for False Advertising Damages, Costs
Jan 08, 2010 15-Second Advertising Law Alert: Some Tobacco Control Act Advertising Limitations Held Unconstitutional
Dec 28, 2009 15-Second Advertising Law Alert: Pomegranite Claims Continued: Are Web Claims Ads, Labeling, or Both?
Dec 10, 2009 15-Second Advertising Law Alert: Petroleum Marketing Act Preempts Lanham Act, But Not California Law
Dec 03, 2009 15-Second Advertising Law Alert: Withdrawal of Baby Formula Ads Ordered After $13.5 Million Verdict
Dec 02, 2009 Litigation Alert: Industry-Funded Government Ads Are Immune From First Amendment Forced Speech Attack
Nov 23, 2009 15-Second Advertising Law Alert - 7th Circuit Clarifies Literal Falsity Assumption
Nov 16, 2009 15-Second Advertising Law Alert - Prudential Standing Dead, Puffery Alive and Well in Cal. Federal Court
Oct 28, 2009 15-Second Advertising Law Alert - Company Laywers' Communications to their Ad Agencies Held Not Privileged
Oct 06, 2009 15-Second Advertising Law Alert: Tar Wars: POP Promoters' Slurs Found Actionable
Jul 24, 2009 15-Second Advertising Law Alert: False Food Labeling Actions Not Always Preempted by the FFDCA
Jun 25, 2009 15-Second Advertising Law Alert: Vague False Advertising Charges Are Best Defended In Federal Court
Jun 15, 2009 15-Second Advertising Law Alert: Keeping Bottom Pleaders Out of the Pond
May 19, 2009 15-Second Advertising Law Alert: Stalking the Elusive Temporary Restraining Order
Apr 23, 2009 15-Second Advertising Law Alert: Court Refuses to Suppress Suppressor Claim
Apr 10, 2009 15-Second Advertising Law Alert: The Quest for the Holely False Advertising Complaint
Mar 30, 2009 15-Second Advertising Law Alert: The Mother of All Corrective Advertising Opinions
Mar 16, 2009 15-Second Advertising Law Alert: Get-Rich-Quick Author Gets the Book Thrown at Him
Feb 20, 2009 15-Second Advertising Law Alert - Copyright Act Vs. Lanham Act Liability Jump Ball
Feb 03, 2009 15-Second Advertising Law Alert: Key Lanham Act Advertising Term Taken to the Land Fill
Dec 23, 2008 15-Second Advertising Law Alert: Satisfaction Guaranteed Doesn't Always Guarantee Satisfaction
Dec 12, 2008 15-Second Advertising Law Alert - Bringing a Literal Falsity Case is not Child's Play
Nov 07, 2008 15-Second Advertising and Trademark Law Alert: First Amendment Gamed Successfully in Strip Joint Suit
Oct 30, 2008 15-Second Advertising Law Alert: Debate Over Energy Production Precludes Speed Remedy
Oct 08, 2008 15-Second Advertising Law Alert - Sweeping Preemption of State AD Laws Urged at Supreme Court
Oct 03, 2008 15-Second Advertising Law Alert: Courts Split on Need to Show Willfulness to Get Profits
Sep 16, 2008 15-Second Advertising Law Alert: Spam Law Held Unconstitutional; Marketer's Sentence Overturned
Sep 10, 2008 15-Second Advertising Law Alert: Voice of God Protected
Aug 11, 2008 15-Second Advertising Law Alert: Epistemological Problem Creates Non-Actionable Puffery
Aug 01, 2008 15-Second Advertising Law Alert: Laches Lets Hobbits Habitate Midwest and Internet
Jul 22, 2008 15-Second Advertising Law Alert: Company and Its President Held Liable for False 100% Juice Claim
Jun 20, 2008 15-Second Advertising Law Alert: All Natural, 100% Claims Suit May Turn on Juicy Expert Evidence
May 29, 2008 15-Second Advertising Law Alert: Courts May Protect Ignorant Consumers From Your ADs
May 13, 2008 15-Second Advertising Law Alert: Suit to Watch: Protecting a Brand From Trademark Salvagers
May 05, 2008 15-Second Advertising Law Alert: The Dangers of Aggressive Claims Aimed at Consumer Health Fears
Apr 30, 2008 15-Second Advertising Law Alert: Regulators' Warnings Do Not Always Make Claims Actionable
Apr 22, 2008 15-Second Advertising Law Alert: Know the Regulations Before Making FDA-Approved Claims
Apr 22, 2008 15-Second Advertising Law Alert: Case to Watch: Juicy Decision Revives Significant Questions
Mar 26, 2008 15-Second Alert: Advertising and Promotion Law - Case to Watch: Internet Direct Marketing vs. ISP Spam-Blocking
Mar 17, 2008 15-Second Alert: Advertising and Promotion Law - Tro Granted in Attack AD, Computer Abuse Case
Mar 03, 2008 Advertising and Promotion Law Alert - $8MM Damages Award Based on Basketball Sponsorship Value
Feb 27, 2008 FDA Preemption Alert - New Product Liability Cases Focus on FDA's Mission
Feb 25, 2008 Advertising and Promotion Law Alert - Egregious Claims, Stiff Penalties, and Provocative Judicial Review
Feb 11, 2008 Advertising and Promotion Law Alert - Think Twice Before Ordering Tests After Litigation Threats
Feb 01, 2008 Advertising and Promotion Law Alert - Case to Watch: Gutsy Scientific Claims; Dyspeptic Class Reaction
Jan 24, 2008 Advertising and Promotion Law Alert - Flexibility, Lower Cost Claims Provoke Puffery Definition
Jan 14, 2008 Advertising and Promotion Law Alert - Forum Shopping: The Wait & Switch & Wait Game
Dec 14, 2007 Literal Falsity by Necessary Implication: Presuming Deception Without Evidence in Lanham Act False Advertising Cases
Dec 12, 2007 Advertising and Promotion Law Alert - Performance Claims Require More Specific Support
Dec 04, 2007 Advertising and Promotion Law Alert - Hazardous Substances Act Precludes Toy Ad Action
Dec 03, 2007 Advertising and Promotion Law Alert - Failure to Disclose Damages Results in Summary Judgement
Nov 27, 2007 Advertising and Promotion Law Alert - Lessons in Proving Injury and Causation at Trial
Nov 20, 2007 Advertising and Promotion Law Alert - Press Release Raises Privilege, Standing Issues
Nov 13, 2007 Advertising and Promotion Law Alert - Inventor's Suit to be Patently Invalid
Nov 08, 2007 Advertising and Promotion Law Alert - Lanham Act Drug Action Not Barred By FDA Jurisdiction
Oct 16, 2007 Advertising and Promotion Law Alert - Sec. 43 (a) Viewed Narrowly in 9th Circuit Genericide Case
Sep 05, 2007 Advertising and Promotion Law Alert - Puffery Defense For Better Than Claim Rejected
Aug 28, 2007 Advertising and Promotion Law Alert - Defective Surveys Rejected as Bases for Comparative ADS
Aug 17, 2007 Advertising and Promotion Law Alert - 2D Circuit Clarifies Its Advertising Law Rulings
Jul 23, 2007 Advertising and Promotion Law Alert - The Curious Doctrine of Necessary Implication
Jun 29, 2007 Advertising and Promotion Law Alert - Competitors Denied Access to Lanham Act Advertising Remedies
Jun 27, 2007 Advertising and Promotion Law Alert - Internet Privacy Statements Held as Deceptive Advertising
Jun 14, 2007 Advertising and Promotion Law Alert - Spooky Case Yields Sweeping First Amendment Decision
Jun 01, 2007 Advertising and Promotion Law Alert - Ad Challenge Options: A Generalized Comparison for Competitors
May 15, 2007 Advertising and Promotion Law Alert - Splenda Case Judge Decides Consumer Survey Extravaganza
May 03, 2007 Advertising and Promotion Alert - KFC Trans Fat Case Illustrates Importance of Proving Injury
May 01, 2007 Advertising and Promotion Law Alert - Decency Act Immunity for Viral Ad Sponsor Denied Pending Discovery
Apr 25, 2007 Advertising and Promotion Alert - False Advertising Suits Falling Prey to Commercial Limitations
Apr 19, 2007 Advertising and Promotion Alert
To Disclose or Not: That is Increasingly the Question
Apr 11, 2007 Nondisclosure of Foreign Origin Held Actionable Per Se
Apr 05, 2007 Response to HDTV Claims May Expand Ad Injunction Rights
Mar 21, 2007 Sweeteners War Provokes Judicial Pre-Trial Tutorial
Nov 09, 2006 Burning the Competition's Flag: Disparagement in Advertising
Mar 13, 2006 This is Absolutely the Very Best Thing Ever Written Anywhere by Anyone
Jun 01, 2005 Making Puffery Determinations in Lanham Act False Advertising Cases: Surveys, Dictionaries, Judicial Edicts and Materiality Tests
Mar 16, 2005 Practical Food Law: Labeling, Advertising, and Promotion Manual
Mar 14, 2005 Practical Food Law: The Essentials Manual
Jan 21, 2005 Defending and Challenging Advertising
A Refresher For Corporate Counsel and Regulatory Executives
May 01, 2004 Materiality and Puffing in Lanham Act False Advertising Cases: The Proofs, Presumptions, and Pretexts
Jun 20, 2003 Pesticide Data Compensation Services
Dec 01, 2002 Using (and not using) the Hearsay Rules to Admit and Exclude Surveys in Lanham Act False Advertising and Trademark Cases. Published in The Trademark Reporter at 92 TMR 1305 (November/December 2002)
Sep 03, 2002 Using Daubert-Kumho Gatekeeping to Admit and Exclude Surveys in Lanham Act Advertising and Trademark Cases
Apr 08, 2002 Depositions: Key Federal Rules of Civil Procedure
Aug 09, 2001 In-House Counsel's Legal Advice To Company's Ad Agency To Assure Company's Ads Complied With Law Held Not Protected From Disclosure To FTC
Jun 19, 2001 District of Columbia Circuit Court Pain in Doan's Back
Jun 19, 2001 Arbitration Hot Topic At Supreme Court
Jun 28, 2000 Alternative Dispute Resolution for Consumer Transactions in the Borderless Online Marketplace
Jan 24, 2000 The Dangers and Opportunities of E-Discovery
Jan 11, 2000 Ad Claims: Basic Dispute Resolution Options
Jan 28, 1999 Federal Appeals Court Delivers Blow to FDA's Paternalistic Approach on Health Claims
Dec 03, 1998 Alternate Dispute Resolution Act Now the Law of the Land

 
ISLN905532989
 

Documents by this lawyer on Martindale.com

Subscribe to this feed

SCOTUS Rules Indirect Competitors May Bring 43(a) False Advertising Action
Richard J. Leighton, April 1, 2014
On March 26, 2014, the Supreme Court of the U.S. ruled unanimously, in an opinion by Justice Scalia, that a company - whether or not it is a direct competitor - has standing to bring a false advertising action under Section 43(a) of the Lanham Act where it alleges that it lost sales and/or had its...

Uncommon (and Hefty) Antitrust and False Advertising Verdict
Richard J. Leighton, September 27, 2013
It’s uncommon to try a technical Lanham Act false advertising case to a jury, and it’s even less common to intermingle such a case with complex antitrust claims under the Sherman and Clayton Acts. A Texas federal jury faced with that unusual combination recently delivered a whopping...


View Ratings & Reviews
Profile Visibility
#11,046 in weekly profile views out of 48,174 lawyers in Washington, District of Columbia
#171,772 in weekly profile views out of 1,519,763 total lawyers Overall

Office Information

Richard J. Leighton

Suite 500 West, 1001 G Street, N.W.
WashingtonDC 20001




Loading...
 

Professional Networking for Legal Professionals Only

Quickly and easily expand your professional
network - join the premier global network for legal professionals only. It's powered by the
Martindale-Hubbell database - over 1,000,000 lawyers strong.
Join Now
 

Affiliations

   NITA