Holly A. Melton

Partner

New York
T +1.212.589.4208

Overview

Holly Melton advises advertising, marketing, and consumer goods and services companies in complex investigations and enforcement matters initiated by the Federal Trade Commission, state attorneys general and other local law enforcement agencies. She also represents advertisers in initiating and defending against competitive challenges to advertising and marketing practices before the National Advertising Division of the Council of Better Business Bureaus, and in federal court. Holly also has experience defending advertisers against consumer class actions. In addition, her practice focuses on counseling clients regarding claim substantiation, necessary disclaimers and compliance with applicable laws, including Section 5 of the FTC Act, the Restore Online Shoppers' Confidence Act (ROSCA), the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA) and state laws governing advertising practices, including unfair and deceptive practices statutes, unfair competition and false advertising laws. Holly counsels clients regarding compliance with FTC guidance including the Green Guides, the Guides Concerning the Use of Endorsements and Testimonials in Advertising, the .com Disclosures guidance, and the Enforcement Policy on Deceptively Formatted Advertising, which governs native advertising. Placing high value on understanding clients' businesses, Holly stays abreast of client industry developments as well as those in the fast-paced advertising industry. 

Select Experience

  • Represented a lawn and garden products company in connection with a challenge to competitive advertising before the National Advertising Division.
  • Resolved an FTC investigation against a multichannel network regarding testimonials and endorsements.
  • Defended a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA.
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Experience

  • Represented a lawn and garden products company in connection with a challenge to competitive advertising before the National Advertising Division.
  • Resolved an FTC investigation against a multichannel network regarding testimonials and endorsements.
  • Defended a satellite television provider in an FTC investigation and litigation commenced by the FTC alleging violations of Section 5 of the FTC Act and ROSCA.
  • Resolved a state attorney general investigation against a personal care products company alleging violations of ROSCA. 
  • Negotiated the resolution of a state attorney general investigation against a publishing company in connection with negative option marketing practices.
  • Defended a social network against unfair competition, false advertising, right of publicity and related claims brought by various plaintiffs as well as several state attorneys general.
  • Defended a cosmetics conglomerate in numerous class actions involving claims of false advertising and unfair competition.
  • Defended a publishing conglomerate in high-risk litigation and arbitration relating to indemnity matters arising from a corporate acquisition and a trademark licensing agreement.
  • Represented a pharmaceutical company in responding to an advertising challenge before the National Advertising Division and an appeal before the National Advertising Review Board. 

Recognitions and Memberships

Memberships

  • American Bar Association
    • Section of Antitrust Law: Consumer Protection
  • New York City Bar Association

Pro Bono

  • Assisted a Venezuelan individual in seeking asylum due to abuses suffered in his country of origin based on his sexual orientation. 
  • Participated in a workshop devoted to low-income individuals looking to start businesses, advising on appropriate designations and compliance. 

Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Southern District of Texas
  • New York
  • Texas

Education

  • J.D., University of Houston Law Center, 2000; cum laude; Candidates Editor, Houston Journal of International Law
  • B.A., Government, The University of Texas, 1997, summa cum laude