Commercial Litigation

Innovative Approach to the Business Side of Litigation


Understanding your business strategy and goals.  Aggressively, zealously, prudently and cost-effectively prosecuting and defending your interests.  

The firm is an authority on advertising law.   

Clients hire Hinch Newman when they want to initiate a lawsuit or find themselves on the receiving end of one, and are in need of an accomplished, marketing and advertising law advocate to develop comprehensive and efficient litigation strategies specifically designed to resolve business disputes on favorable terms.

The firm handles virtually every type of complex business dispute through direct negotiations, in court and in arbitrations throughout the United States.  Hinch Newman is a formidable litigation advocate and has a firm grasp of rapidly evolving Internet law, Internet marketing compliance, regulatory defense, data privacy, intellectual property and digital media legal issues.  

Hinch Newman distinguishes itself from other advertising, marketing and promotions firms because of our strong track record of success.  The firm accomplishes this by out-working opponents, developing creative and effective litigation and discovery strategies, knowing our clients’ sophisticated business models and goals, laser-focusing on relevant facts and law, and staying within approved budgets while ensuring that each dollar spent is being properly deployed in pursuit of  strategic objectives.

Arbitration and Mediation


Hinch Newman is experienced with all aspects of arbitration and mediation proceedings, particularly those pertaining to contract and advertising disputes.  From initial case evaluation and strategy to the selection of arbitrators and preparation of arbitration demands, answers and counterclaims, the firm’s strong grasp of underlying legal subject matter, and U.S. arbitral institutions and their rules enable it to provide aggressive advocacy through the entire arbitration process.

Understanding your business strategy and goals.  Aggressively, zealously, prudently and cost-effectively prosecuting and defending your interests.  

The firm is an authority on advertising law.   

Clients hire Hinch Newman when they want to initiate a lawsuit or find themselves on the receiving end of one, and are in need of an accomplished, marketing and advertising law advocate to develop comprehensive and efficient litigation strategies specifically designed to resolve business disputes on favorable terms.

The firm handles virtually every type of complex business dispute through direct negotiations, in court and in arbitrations throughout the United States.  Hinch Newman is a formidable litigation advocate and has a firm grasp of rapidly evolving Internet law, Internet marketing compliance, regulatory defense, data privacy, intellectual property and digital media legal issues.  

Hinch Newman distinguishes itself from other advertising, marketing and promotions firms because of our strong track record of success.  The firm accomplishes this by out-working opponents, developing creative and effective litigation and discovery strategies, knowing our clients’ sophisticated business models and goals, laser-focusing on relevant facts and law, and staying within approved budgets while ensuring that each dollar spent is being properly deployed in pursuit of  strategic objectives.

Business Disputes


Legal disputes are inherent in today’s competitive economic and regulatory environment.  Hinch Newman possesses a comprehensive understanding of digital marketing business models and knows your business, which makes the firm a more effective advocate.  

We partner with clients to enforce and defend their rights by formulating and implementing litigation strategies designed to protect vital business interests and achieve business goals.  The firm knows how to aggressively marshal evidence in discovery and present it forcefully, whether in pre-suit negotiations, arbitration or in the courtroom.

The firm knows how claims arise and how they are best resolved.  We negotiate and review the gamut of business, affiliate marketing, telemarketing, Internet and tech contracts with the goal that, if a dispute does occur, clients will possess an advantageous negation and litigation position.

Deceptive Advertising Litigation


False advertising is an express or implied representation about a product or service that is false, misleading and, when appropriate, backed by reasonable evidence.  Truth-in-advertising laws apply no matter where an advertisement appears.

Regulators look especially close at advertising claims that can affect consumers’ health, financial situation and upon conduct related to data security, high-tech products and the Internet.  There is a fine line between puffery and other legal advertising. Securing the proper legal advertising compliance before embarking upon a campaign that may put a company at serious risk of litigation is crucial.

As part of the firm’s litigation practice, we represent plaintiffs and defendants in informal negotiations, government plaintiff litigation, and false advertising litigation in state and federal courts, including Lanham Act litigation and other statutes that prohibit deceptive trade practices.

Claim Substantiation Proceedings


Failing to possess a reasonable basis for advertising claims prior to dissemination can have serious consequences for marketers.  

A core component of the counseling services provided by Hinch Newman includes advertising and consumer protection law litigation matters.  

We are a full service litigation firm providing support for those advertising and marketing online, including the representation of clients in advertising substantiation proceedings and investigations conducted by the Federal Trade Commission and state attorneys general.

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 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.

Lanham Act Unfair Competition and False Advertising Litigation


You can take legal action and sue your competitors for misleading and injurious claims.  We protect our clients’ competitive marketplace advantage in unfair competition and Lanham Act false advertising lawsuits.  The Lanham Act is a federal law that prohibits false or misleading claims in national advertising.

The Federal Trade Commission and state attorneys general are overwhelmed and simply do not possess the resources to police all deceptive advertising practices.  As an unfair competition and false advertising litigation law firm, Hinch Newman initiates and defends against false and comparative competitor advertising claims under state unfair competition statutes like California’s Consumers Legal Remedies Act and the federal Lanham Act, including suits based upon claim substantiation.

The firm is familiar with all aspects of false advertising claims, from claim substantiation to comparative advertising, and presumptions to puffery.  We prosecute and defend clients’ interests in challenger proceedings in front of self-regulatory agencies, and have successfully resolved competitor disputes informally, both by securing modification and discontinuance of advertising claims, as well as demonstrating truthfulness through well-constructed arguments and supporting evidence.

Local Counsel


The firm’s legal services include representing out-of-state litigants in federal and state courts in California, New York and Nevada.  In addition to assisting foreign jurisdiction attorneys with drafting and filing pleadings, substantive motion and briefing, discovery, attendance at hearings and motions for pro hac vice, we are frequently associated as co-counsel to provide a competitive edge when complex legal disputes involve sophisticated issues relating to digital marketing and advertising law.

Motions to Quash Subpoenas


Subpoenas are commonly used in civil litigation by private litigants and government regulatory agencies to obtain evidence from individuals, corporations, and other entities who are not parties to a lawsuit.  Hinch Newman counsels clients on deliberate subpoena response plans and strategies designed to ward off potential litigation, including objection preservation, negotiating the scope of information requested, document review, electronically stored information, written objections, protective orders and confidentiality agreements, the protection of proprietary information, alternatives to production, motions to quash or modify and, when necessary, compliance and witness preparation.

National Advertising Division


The National Advertising Division of the Better Business Bureau provides a quick and efficient competitive advertising dispute resolution process.  Hinch Newman possesses the skills and experience to assist advertisers to protect their interests by substantiating their advertising claims when challenged, or to force competitors to modify problematic advertising claims.

Telemarketing (DNC/SMS/TCPA/TSR) Defense


Hinch Newman’s telemarketing defense and compliance counseling experience is second to none.  The firm defends companies and telemarketers in consumer class actions, complex single-plaintiff commercial civil litigation and regulatory matters involving telemarketing practices and claims brought under the Telephone Consumer Protection Act.  The firm has significant experience litigating under other telemarketing statutes but concentrates on defending individual and class action TCPA and Do Not Call actions in courts nationwide. We consistently stay on top of the rapidly changing TCPA legal landscape and defense strategies, and have extensive experience assisting clients with the complexities of telemarketing legal and regulatory requirements, both in litigation defense and compliance counseling.

Trade Secrets


Trade secret claims are on the risk, especially in the digital marketing and technology sectors.  Hinch Newman keeps abreast of state and federal trade secret litigation trends and legislation, including the Defend Trade Secrets Act.  The firm has represented innovative companies that chose to prosecute its rights to proprietary information, and has obtained injunctive relief to protect their vital interests.  We have also favorably resolved numerous trade secret disputes outside of view. The firm also assists clients to develop and implement comprehensive employment policies, restrictive covenants and confidentiality measures designed to preserve valuable intellectual property assets.

Please contact us at (212) 756-8777, via email to [email protected] or via our Online Case Submission Form.    

Please contact us at (212) 756-8777, via email to [email protected] or via our Online Case Submission Form.