Jessica Griffith

Jessica Griffith is an associate in the Litigation Department. Her practice focuses on a wide range of complex civil and commercial litigation matters, including intellectual property, trade secret, false advertising, and unfair competition. Jessica has represented clients across a variety of industries in all phases of litigation in both state and federal courts. Most recently, Jessica served as a trial team member in a month-long jury trial in a nine-figure trade secret misappropriation case.

Jessica earned her J.D. from the University of California, Los Angeles, where she was an Associate Editor of the UCLA Law Review and a Managing Editor of the Journal of Law and Technology. She also served as a legal writing advisor to first-year students and on the board of the Intellectual Property Law Association. While at UCLA, Jessica interned for an administrative judge at the United States Equal Employment Opportunity Commission.

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On Notice: Disclosing Unexpected Material Connections in Advertising

In this final installment of our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we discuss when and how to properly disclose the existence of a material connection between an advertiser and an endorsing party. Per the FTC’s Notice of Penalty Offenses, “[i]t is an unfair or deceptive trade practice to … Continue Reading

Court Cuts Short Challenge to Zicam’s “Clinically Proven to Shorten Colds” Claims

By Baldassare Vinti, Jeff Warshafsky and Jessica Griffith on December 14, 2021 Posted in Deceptive Trade Practices, Labeling Claims

In Yamasaki v. Zicam, LLC, Case No. 21-cv-2596 (N.D. Cal. 2021), Plaintiff alleged certain Zicam® cold remedy products were falsely advertised as “clinically proven to shorten colds.” On this basis, Plaintiff sought to represent a putative class of California consumers for seven different Zicam products. Zicam, represented by Proskauer, moved to dismiss Plaintiff’s amended complaint … Continue Reading

On Notice: FTC Issues Warning to Hundreds of Companies Regarding the Use of Fake Reviews and Other Misleading Endorsements in Online Marketing Campaigns

By Lawrence Weinstein, Jeff Warshafsky and Jessica Griffith on October 18, 2021 Posted in Announcements, Deceptive Trade Practices, FTC, Regulatory

Prompted by the proliferation of social media advertising that often blurs the line between authentic content and sponsored posts, the Federal Trade Commission last week sent more than 700 companies a Notice of Penalty Offenses warning them against the use of deceptive endorsements in their online advertising. The Notice advises recipient companies that engaging in … Continue Reading

FTC Workshop: “Bringing Dark Patterns to Light”

By Lawrence Weinstein, Baldassare Vinti, Jennifer Yang, Nicole Sockett and Jessica Griffith on May 5, 2021 Posted in Deceptive Trade Practices, Regulatory

The FTC recently held a workshop titled “Bringing Dark Patterns to Light,” a recording of which can be found at the following link. The workshop centered around exploring the effects of digital “dark patterns” on consumers and the marketplace. The term “dark patterns” refers to a range of potentially deceptive website design tactics that can … Continue Reading

Supreme Court Curtails FTC Power to Seek Restitution in Court

By Lawrence Weinstein, Jeff Warshafsky and Jessica Griffith on April 23, 2021 Posted in Deceptive Trade Practices, Regulatory, Supreme Court

A unanimous Supreme Court yesterday significantly curtailed the FTC’s ability to obtain the equitable monetary remedies of restitution and disgorgement of profits from entities accused of engaging in deceptive practices in violation of the FTC Act. In so holding, the Court drew heavily on its interpretation of the language and history of that statute in … Continue Reading

Ninth Circuit Drowns Out Alkaline Water Suit

By Lawrence Weinstein, Baldassare Vinti, Anisha Shenai-Khatkhate and Jessica Griffith on April 6, 2021 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting plaintiff’ allegations that the advertising referred to balancing the consumer’s internal pH rather than the balanced pH of the product itself, the Court … Continue Reading

Supreme Court “Unfriends” Ninth Circuit Decision Applying TCPA to Facebook

By Lawrence Weinstein, Anisha Shenai-Khatkhate and Jessica Griffith on April 1, 2021 Posted in Class Actions, Supreme Court

In a unanimous decision, the Supreme Court today held that Facebook’s “login notification” text messages (sent to users when an attempt is made to access their Facebook account from an unknown device or browser) did not constitute an “automatic telephone dialing system” within the meaning of the federal Telephone Consumer Protection Act (“TCPA”). In so … Continue Reading

Top Dog: Champion Petfoods Wins Dismissal of Dog Food Suit

By Lawrence Weinstein, Jeff Warshafsky and Jessica Griffith on March 9, 2021 Posted in Class Actions, Deceptive Trade Practices, Labeling Claims

Minnesota federal district court Judge Patrick J. Schiltz recently dismissed with prejudice an alleged class action claiming that Champion Petfoods misrepresented the quality of its dog food and ingredients by failing to disclose traces of heavy metals and barbiturates. In dismissing the suit, Judge Schiltz found no reasonable consumer was likely to interpret the contested … Continue Reading