• Eileen M. Patt maintains a diverse complex civil litigation practice with a focus on advertising and employment matters. Eileen represents global brands in false advertising disputes under the federal Lanham Act and in challenges before the National Advertising Division (NAD) and the National Advertising Review Board (NARB), as well as in consumer class action litigation throughout the country. Eileen regularly advises clients on a variety of advertising-related issues, including prospective claims, advertising clearance and claim support. She also is a managing editor of Kramer Levin’s Advertising Litigation Report, which provides weekly updates on developments in the space.

    Eileen also represents financial services companies and other employers in connection with employment law matters, and has experience litigating a variety of employment law claims in federal and state courts and arbitrations, including discrimination, wrongful discharge, wage and hour, contract, restrictive covenant, and bonus and deferred compensation, as well as claims under the Fair Labor Standards Act and the New York Labor Law.

    Eileen’s commercial litigation experience is broad, and includes contract and securities disputes as well as regulatory investigations.

    In addition to her work on behalf of clients, Eileen serves on the firm’s Summer Steering Committee and is also an adjunct professor of law at Fordham University School of Law, where she teaches Legal Writing.

    Legal 500 US — which ranks Kramer Levin as “‘one of the best’ advertising litigation firms” in the nation — recognized Eileen in the area of advertising and marketing law (2017 – 2020), quoting clients who described her as a “rising star” in advertising litigation (2017). New York Super Lawyers has included Eileen on its list of Rising Stars and Top Women Attorneys since 2014. In 2018, Eileen was named a “Rising Star” by the New York Law Journal, a recognition given to “the region’s most promising” lawyers under the age of 40 who have established a record of accomplishments and contributed significantly to the practice of law and the community.

    Experience

    • Represented The Procter & Gamble Company, maker of dietary supplement Metamucil, in successfully defending an appeal by GlaxoSmithKline (GSK) before the NARB related to claims for GSK’s Benefiber supplement. NARB affirmed the NAD’s recommendation that GSK discontinue certain advertising claims.

    • Represented Johnson & Johnson Consumer Inc. in defeating consumers’ motion for class certification in an action alleging false advertising related to the labeling of Neutrogena Pure & Free sunscreen products.

    • Represented Revlon Consumer Products Corp., maker of ColorStay Gel Envy Longwear Nail Enamel products, in a challenge before NAD concerning advertising by Coty Inc. for its competing Sally Hansen Miracle Gel nail products.  NAD recommended that Coty discontinue its advertising claims that Miracle Gel is “a real GEL” that offers consumers “the ONLY TRUE 2-STEP GEL MANICURE with no light needed,” and provides “up to 14 days of color & shine.”  NARB affirmed on appeal.

    • Represented Revlon Consumer Products Corp., in a putative class action alleging false advertising related to the labeling of Almay cosmetic products. Following two rounds of briefing and argument on motions to dismiss, plaintiff voluntarily withdrew her complaint.

    • Represented Procter & Gamble Co. in defeating class certification in an action alleging false advertising related to the exclusivity of professional hair care products in salons.

    • Represented Johnson & Johnson Consumer Inc. in defeating consumers’ motion for class certification in an action alleging false advertising related to the labeling of Aveeno sunscreen products.

    • Represented Revlon Inc. in a putative consumer class action alleging false advertising related to the labeling of deodorant and antiperspirant products. Confronted with our motion to dismiss, the plaintiff voluntarily dismissed her case.

    • Represented McNeil Consumer Healthcare and McNeil-PPC Inc. in prosecuting a Lanham Act action against a competitor concerning advertising for its allergy relief product.

    • Represented American CareSource Holdings in a putative consumer class action brought pursuant to the Telephone Consumer Protection Act (TCPA), successfully obtaining a waiver from the relevant regulation concerning facsimile communications from the Federal Communications Commission.

    • Represented Procter & Gamble Co. in a federal Lanham Act action against a competitor, obtaining a stipulated preliminary injunction order requiring the competitor to discontinue making the challenged advertising claim on its toothpaste packaging and advertising.

    • Represented Societe Generale in a federal court action by a former high-level employee, successfully winning a motion to compel arbitration of the employee’s breach of contract, discrimination and other claims for over $80 million in damages. A three-member arbitration panel subsequently rejected these claims in their entirety, and a federal court rejected the employee’s motion to vacate and confirmed the award.

    • Represented Revlon Consumer Products Corp. in prosecuting a federal court action under the Defend Trade Secrets Act and the Computer Fraud and Abuse Act against its former chief science officer, obtaining a stipulated permanent injunction.

    • Represented a Big Four accounting firm in connection with an action commenced by a competitor arising out of its hiring of a team of former employees.

    Credentials

    Education

    • J.D., cum laude, Fordham University School of Law, 2008
      • Managing Editor, Dispute Resolution Society
      • Staff Member, Fordham Urban Law Journal
      • Dean's List
    • B.A., magna cum laude, Phi Beta Kappa, Binghamton University, 2005

    Bar Admissions

    • New York, 2009

    Court Admissions

    • U.S.D.C., Southern District of New York, 2009
    • U.S.D.C., Eastern District of New York, 2009
    • U.S.C.A., 2nd Circuit, 2011
    • U.S.D.C., Northern District of Florida, 2014

    Professional Affiliations

    • Fordham University School of Law, Adjunct Professor of Law (Legal Writing)
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