Joanna E. Summerscales

Joanna focuses on advertising counseling and litigation. She frequently advises clients on issues related to claims substantiation, FTC and FDA regulatory law, state consumer protection law, rights of privacy and publicity, and other advertising and intellectual property issues, in addition to bringing and defending false advertising challenges. Relevant experience includes:

• Reviewing and clearing traditional and digital advertising and claims for a broad range of products, including over-the-counter drugs (monograph and NDA), personal care products (skin care, infant care, cosmetics), household products and appliances, weight-loss programs, veterinary diagnostic products, and retail, travel, and telecommunications services.
• Helping clients to develop creative and defensible advertising campaigns and corresponding claims substantiation, including clinical and technical product performance testing, consumer and expert surveys, and support for price and value comparisons.
• Bringing and defending actions under the Lanham Act (and related state laws) and challenges before the National Advertising Division, as well as drafting and responding to network challenges and cease-and-desist letters.
• Representing clients in connection with investigations by the FTC and State Attorneys General.
• Developing and clearing non-traditional advertising, including social media and "native advertising" programs and campaigns, as well as drafting guidelines related to the same.

Capitalizing on her advanced degree in biochemistry/toxicology, Joanna works closely with the scientists at her clients – including the R&D, regulatory, and medical affairs groups – and has substantial experience working with outside experts and technical witnesses.

Joanna also has extensive intellectual property and media law counseling and litigation experience, including matters involving trademark infringement, keyword advertising, copyright infringement, fair use, and the safe harbors provided by the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act.  Representative matters are described below.

Prior to joining DWT, Joanna was an associate at Paul, Weiss in New York.