Keller and Heckman LLP

  • Established in 1962
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Advertising and Promotion

Keller and Heckman's advertising attorneys advise clients on how to avoid advertising and promotion disputes and how to comply with relevant laws. We vigorously represent our clients' interests when disputes arise or are initiated in demand letters between competitors; media review and clearance; self regulatory and alternative dispute forums; federal and state regulatory forums, and federal and state court. We are also closely involved in developing self-regulatory guidelines on advertising and marketing with bodies such as the Children's Advertising Review Unit (CARU) and the International Chamber of Commerce (ICC).

Our attorneys counsel clients in matters arising under various statutes, including the Lanham Act and the Federal Trade Commission Act, as well as the so-called "little FTC Acts" implemented by the states. The Lanham Act provides a remedy for competitors to seek redress for false or misleading advertising and promotional claims, as well as provides the legal framework for registering trademarks and prosecuting trademark infringement. The Federal Trade Commission Act is the primary federal weapon against false or misleading advertising claims; FTC enforcement decisions serve as precedents to resolve disputes under other statutes.

Keller and Heckman attorneys are particularly active in the developing area of food and dietary supplement advertising and labeling issues in the wake of statutory and regulatory changes brought about by the Nutrition Labeling and Education Act of 1990 and the Dietary Supplement Health Education Act of 1994. Those laws and the regulations under them define and standardize many nutrient content and health claims and provided new opportunities for making so called structure/function claims. We are closely involved in the debates about advertising and obesity. We also have been primary participants in the development of the FTC's "green claim" guides.

Capitalizing on our considerable experience in food labeling and environmental issues, and the technical expertise of our scientists, Keller and Heckman is at the forefront of advising clients on advertising regulatory policy at the FTC. The Commission has reconciled its mandate to ensure the free flow of truthful information with the Food and Drug Administration's more restrictive labeling policies, with environmental groups' pressures to limit environmental claims and with the challenge of new media, including the Internet. Keller and Heckman attorneys continue to be involved in FTC investigations and enforcement proceedings relating to nutrient content, health, and environmental claims in advertising.

Finally, we are actively involved in the developing law and policy related to internet advertising, including transnational legal and regulatory issues particular to this medium, and on laws, policies and self-regulation guidelines applicable to advertising and marketing to children.

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Peer Reviews

4.7/5.0 (17 reviews)
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    4.7/5.0
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    4.7/5.0
  • Judgment

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  • Communication

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  • Legal Experience

    4.7/5.0
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Diversity

At Keller and Heckman, we recognize that our differences strengthen us as individuals and reinforce our abilities collectively. Diversity in our professional staff is an integral component of our commitment to provide the best service possible to our clients. Keller and Heckman's reputation for innovation and creativity is in great part due to the different talents and experiences we each bring to bear in advancing the interests of our clients. We pride ourselves on the fact that our professionals – partners, counsel, associates, scientists, regulatory specialists and paralegals – come from varying backgrounds and experiences, and include racial and ethnic minorities, women, and people with different sexual orientations. Diversity is a core value and we are deeply committed to recruiting, hiring, mentoring, and advancing professionals of diverse backgrounds and experiences at Keller and Heckman.

As part of our overall commitment to enhancing diversity in the legal profession, we are a sponsor of the Minority Corporate Counsel Association (MCCA). Through our involvement with the MCCA and in other fora, we have participated in recruitment and networking opportunities with minority candidates. Because our legal practice often involves a sophisticated blending of law and science, we are able to attract talented students and lawyers of diverse backgrounds who are interested in a technology-based legal practice.

In an effort to recruit and nurture legal talent at an early stage, we have established a paid Firm internship program for first-year law students with diverse backgrounds. Our first-year internship coincides with our second-year summer associate program and lasts for twelve weeks. During the twelve weeks, the students perform substantive legal work, learn more about the law and our practice areas, receive constructive performance feedback, and are mentored by members of our professional staff. We believe that this early training and guidance is invaluable to both incoming legal professionals and our Firm. We have had great success with the recruitment and hiring of diversity candidates for our first-year internship and second-year summer associate programs, and most receive offers to join the Firm.

Diversity, in all aspects, is a key goal of the Firm and we have established a Diversity Committee to actively foster and promote this goal. We welcome and encourage diversity within Keller and Heckman at all levels. By joining together people with diverse backgrounds and experiences, including people of color, women, and other groups, we enhance our creativity, our knowledge and our ability to understand and respond to the needs of our diverse clientele.

 

 

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