Kramer Levin Litigation partners Jonathan M. Wagner and Harold P. Weinberger, and Litigation associate Norman C. Simon authored an article entitled "Testing Key in False Advertising Cases" which was published in the May 13, 2002 issue of the New York Law Journal.

The article examines product testing, usually a major issue in Lanham Act false advertising litigation. The authors address three aspects of product testing that can determine the outcome of a Lanham Act false advertising case. They are: ensuring that test methodology mirrors typical consumer use conditions; minimizing the possibility that testing will be susceptible to bias; and assuring that appropriate statistical methodology is used.