Commercial Litigation

Email (SPAM) Defense

Hinch Newman is on the cutting-edge of commercial email advertising SPAM compliance counseling and litigation matters, and knows the quickly changing face of federal (CAN-SPAM Act) and state (e.g., California Business and Professions Code Section 17529.5) anti-SPAM case law and legislative developments.  The firm’s SPAM law compliance and litigation experience, along with an uncommon familiarity with Spamhaus policies, approaches of professional SPAM plaintiffs and leading California-based anti-SPAM plaintiffs’ attorneys, provide the firm with unparalleled insight into compliance and litigation strategies and available defenses.

Advertisers, Internet advertising networks and affiliate publishers are all targets for an aggressive SPAM plaintiffs’ bar and the firm has unmatched knowledge and experience successfully resolving such matters on behalf of them all.  The firm is well versed in the intricacies of the business of email marketing and its governing laws. We routinely counsels clients on an array of commercial email marketing issues, including from and subject line best practices, risk mitigation strategies, well-written and thorough email marketing contracts, indemnification issues, and liability allocation for email headers and related creative material.  

Hinch Newman aggressively defends the interests of email marketers and industry leading affiliate networks against SPAM shake-down lawsuits in federal and state courts in a multitude of jurisdictions.  As a SPAM litigation defense firm, we are also effective negotiators and consensus builders when quick and inexpensive settlement is preferred. In such cases, we have successfully negotiated countless nuanced settlement plans for different participants in the email marketing ecosystem and secures the most advantageous terms possible.

FTC Investigations and Enforcement Defense

Hinch Newman assists clients with navigating the intimidating and complex process of defending against regulatory enforcement actions initiated by the Federal Trade Commission and state attorneys general for false and deceptive advertising practices.  The firm also possesses extensive knowledge, skill and experience defending and successfully resolving regulatory investigations, such as civil investigative demands (CIDs) and subpoenas. At all times, the firm tirelessly strives to mount a robust defense and obtain the best possible outcomes.

As an established regulatory investigations and defense law firm, Hinch Newman has gained a unique perspective developed from years of litigating against and liaising with the FTC’s Bureau of Consumer Protection and various state attorneys general.  We possess significant experience litigating under the Federal Trade Commission Act, state unfair and deceptive trade practice statutes, and other laws and regulations administered by the FTC, including the Telemarketing Sale Rule.  

The firm also possesses strong relationships with state and federal regulatory enforcement agencies and strategic insight into government policy necessary to produce favorable results.  These successes include, without limitation, the removal and severe limitation of contemplated industry bans, asset freeze modifications, securing zero-dollar settlements, compliance reporting requirement reductions, returns of seized funds, narrowing the scope of civil investigative demands and mounting robust defenses that persuaded FTC staff to close investigations outright with no monetary payment or formal enforcement action.

Internet Copyright, Trademark and Patent Litigation

Hinch Newman has a winning record litigating a broad range of high-profile intellectual property cases in federal court, including patent litigation before the U.S Court of Appeals for the Federal Circuit based upon the patent ineligibility of abstract ideas following a landmark 2014 U.S. Supreme Court case, trademark litigation, unfair competition claims, copyright infringement and trade secret misappropriation.  The firm’s extensive experience representing both plaintiffs and defendants in diverse industries and technologies helps us anticipate the arguments of opposing counsel and present our clients’ cases as aggressively and efficiently as possible.

Internet Marketing and Advertising Law Litigation 

Hinch Newman plays to win.

The firm has not just handled a few online advertising cases.   We possess a deep understanding and knowledge of advertising law and our Internet marketing litigation practice focuses on all legal facets of digital media and mobile marketing, affiliate marketing, email marketing, telemarketing, eCommerce, privacy and data security, government litigation and Internet law.  We provide comprehensive competitor and consumer-driven litigation and counseling services in federal and state court, with a focus on advertising and marketing law matters.

You need an experienced, tech-savvy Internet advertising and marketing attorney that also possesses a  long and successful track record advocating for clients in advertising disputes with local, state and federal regulatory agencies.  The firm has achieved significant success representing the interests of Internet marketers accused of unfair and deceptive advertising practices in regulatory enforcement actions, investigations and advertising substantiation proceedings conducted by the Federal Trade Commission and state attorneys general.