Proskauer on Advertising Law
Proskauer on Advertising Law
Lindsey Olson

Lindsey Olson

Associate

As a litigation associate, Lindsey Olson focuses her practice on white-collar defense and investigations and complex commercial litigation. She has particular experience representing individual and corporate clients in connection with domestic and international government-facing investigations.

Practice highlights include representing a leading global financial institution in a sweeping, multi-year federal criminal investigation into a multi-billion dollar investment portfolio; representing an individual in connection with criminal investigations relating to allegations of manipulation and collusion in the precious metals market; and representing a major cultural institution regarding allegations of abusive conduct by a high profile employee.

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Third Circuit Irons Out “Powerful” Performance False Advertising Dispute

The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior performance claim can render that performance claim unambiguous – and thus subject to a literal falsity claim – even if … Continue Reading

What KIND of Juice Did They Say It Was?

On July 14, 2014, Northern District of Illinois Judge Sara L. Ellis dealt a blow to putative class action members protesting the use of “evaporated cane juice” to describe sugar in product ingredients lists.  Plaintiff alleged that she was deceived by the label on KIND’s Vanilla Blueberry Clusters, which contained the claim “no refined sugars” … Continue Reading

Courts In 9th Circuit Continue To Split On Ascertainability: “All Natural” Class Action Dies On the Vine But Sexual Energy Supplement Suit Has Staying Power

On June 13, 2014, U.S. District Judge Charles R. Breyer of the Northern District of California, issued an order denying class certification to a putative class of consumers who had purchased ConAgra food products labeled as “natural,” finding that the putative class was unascertainable due to the lack of purchase records or any other reliable … Continue Reading

Imburgia v. DIRECTV: Did a California Court of Appeal Really Say You Can Contract Around Congress?

On April 7, 2014, a California appellate court sweepingly rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in DIRECTV’s consumer contracts, which contained a class action waiver provision.  This decision will allow the plaintiffs to proceed as a class in California state court rather than require them to seek individual … Continue Reading
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