Kelley Drye

Attorneys & Professionals 

Lewis Rose

Partner Email vCard
Washington, D.C.
Phone: (202) 342-8821
Fax: (202) 342-8451

Lew Rose is managing partner of the firm's Washington, D.C. office and past chair of the Advertising and Marketing practice group. Under his leadership, the group received a Tier 1 ranking in the "Advertising Law - National" and "Advertising Law - DC" categories in the 2010-2011 and 2011-2012 "Best Law Firms" studies published by U.S. News and Best Lawyers. Named 2014 D.C. Advertising “Lawyer of the Year” by Best Lawyers, Mr. Rose focuses his practice in consumer protection, advertising and consumer product safety law, representing clients before federal and state law enforcement agencies, and self-regulatory bodies such as the National Advertising Division (NAD) of the Council of Better Business Bureaus. Mr. Rose handles numerous high-profile investigations by the Federal Trade Commission (FTC), particularly enforcement actions involving substantiation of advertising claims, compliance with trade regulation rules and a broad spectrum of marketing practices. He represents clients across product categories in many state Attorney General proceedings.

Co-author of a treatise on advertising law, Mr. Rose has experience handling all phases of marketing products, including advertising, credit, direct response, telemarketing, franchising and warranty issues. Mr. Rose's law practice also includes counseling clients regarding advertising, marketing, electronic commerce and intellectual property issues with respect to interactive and online services and related technology. He routinely advises clients regarding selection of trademarks and represents clients in the prosecution and defense of trademark infringement litigation in federal court. Ranked nationally as a leading practitioner in the Advertising: Litigation area by Chambers USA, sources tell Chambers that Mr. Rose has “outstanding technical industry knowledge” and is “practical, responsive, efficient, and fun to work with.”

Mr. Rose previously served as an attorney with the FTC, where he concentrated in enforcement of FTC trade regulation rules and orders, civil penalty actions and consumer redress actions. Mr. Rose subsequently served as an assistant to the director of the FTC Bureau of Consumer Protection, where he assisted in the development of law enforcement actions regarding advertising, marketing and credit practices. Mr. Rose also served as an attorney advisor to FTC Commissioner Terry Calvani. In that role, Mr. Rose advised the Commissioner on all aspects of the FTC's jurisdiction, including proposed law enforcement actions, and legislative and regulatory proposals.

Representative Experience

Represent a manufacturer in a series of class actions alleging that the manufacturer assisted and facilitated independent retailers to violate the Telephone Consumer Protection Act by calling consumers on state do not call lists.

Represent UCI-FRAM Group in trade dress and patent litigation against ITW Corp., South/Win and SC Johnson.

Represent DISH Network in a lawsuit filed by the FTC and four state attorneys-general alleging that DISH violated the Telemarketing Sales Rule and Telephone Consumer Protection Act.

Represent a technology company in an NAD challenge regarding comparative performance claims.

Represent a manufacturer in a class action alleging unlawful recording of a customer service telephone call in violation of California law.

Represent a money transfer company in an investigation by 44 state attorneys-general regarding the effectiveness of the company's anti-fraud program.

Represented a global food company in an investigation by the FTC regarding "functional food" advertising claims.

Represented The Sherwin-Williams Company resolving an FTC investigation into "no-VOC" environmental marketing claims.

Represented two internet start-ups in FTC investigations regarding whether their apps had clear and conspicuous disclosure of address book and other data sharing capabilities.

Represented the maker of an over-the-counter allergy drug in an NAD challenge regarding comparative onset-of-action claims. The NAD ruled in favor of our client on all material points.

Counsel multinational consumer product companies regarding compliance with federal and state consumer protection and product safety laws.

Represented equity funds by providing due diligence consumer protection regulatory advice with respect to acquisition targets.

Represented an online retailer in an FTC investigation regarding compliance with the Mail and Telephone Order Rule.

Represented a wireless carrier in an investigation by the Florida and Tennessee Attorneys General into third-party mobile marketing advertising campaigns.

Represented a consumer electronics company in an FTC investigation of credit financing advertising practices.

Represented a consumer electronics company in an FTC investigation of rebate practices.

Represented the maker of adjustable beds in an FTC investigation alleging violation of "Do Not Call" rules.

Represented a global provider of heating, ventilating and air conditioning systems challenging advertising claims by a competitor before the NAD, which found, as we had argued, that the competitor failed to disclose material limitations of its warranty terms.

Represented an education finance company in an FTC investigation alleging failure to safeguard certain sensitive consumer information and therefore misrepresenting its security practices.

State of New York v Gratis Internet, Inc. (N.Y. Sup. Ct. 2007)
Defended Gratis Internet in a lawsuit initiated by the Attorney General of the State of New York alleging breach of privacy policy.

Professional Activities

Journal of Internet Law, Editorial Board Member

Honors & Awards

Named 2014 D.C. Advertising “Lawyer of the Year” by The Best Lawyers in America.

Selected as one of The Best Lawyers in America in the Advertising Law and Information Technology Law areas, 2001-2014.

Recognized as a leading attorney in First Amendment/Media/Advertising practice area by Washington D.C. Super Lawyers, 2013.

Ranked nationally as a leading practitioner in the Advertising: Litigation area by Chambers USA, 2010-2013.

Recognized by US Legal 500 as one of the leading lawyers in the areas of Marketing & Advertising, 2008-2013, and Data Protection & Privacy, 2013.

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Publications
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December 2013

Food and Consumer Health Product Claims Substantiation: A Comprehensive Guide

Food and Drug Law Institute Resources

Events
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June 27, 2013

Advertising and Privacy Law Summit

New Technology, New Practices and the Changing Law