Roy A. Abernathy
Overview
Roy Abernathy is a litigator representing clients in complex matters in both federal and arbitral forums with a focus on advertising and consumer protection. His experience and practice enable him to provide strategic solutions for brand protection counseling, regulatory compliance before the Federal Trade Commission and National Advertising Division, and navigation of related litigation.
Career & Education
- Virginia Polytechnic Institute and State University, B.A., magna cum laude, 2015
- Washington and Lee University School of Law, J.D., magna cum laude, 2020
- District of Columbia
- North Carolina (Inactive)
Professional Activities and Memberships
- American Bar Association: Section of Intellectual Property Law
- Vice Chair, Advertising and Marketing Law Committee, 2024–2025
- American Bar Association: Section of Antitrust Law
- Member, Advertising Disputes and Litigation Committee
- Member, Consumer Protection Committee
- National LGBTQ+ Bar Association
- District of Columbia LGBTQ+ Bar Association
- American Bar Association: Section of Intellectual Property Law
Roy's Insights
Speaking Engagement | 11.12.24
2024 ANA Maters of Law Advertising Conference: Roundtables With The Experts
Blog Post | 11.11.24
Representative Matters
- Represented Fortune 50 health insurance company as a plaintiff in two evidentiary arbitration hearings in 2021 against large retail pharmacies regarding pricing disputes. Obtained a favorable interim award on liability (damages are pending) in first matter; obtained a favorable final award in the amount of $123 million in second matter.
- Defended Cricket Wireless in ongoing consumer class action litigation against false advertising claims related to 4G capabilities. Obtained order decertifying class of customers.
- Defended telecommunications client in an FTC investigation alleging false representations and deceptive acts or practices violations of Section 5 of the FTC Act and ROSCA.
- Representing a group of Blue Cross and Blue Shield Association health insurance plans in ongoing litigation in federal court alleging fraudulent submission of inflated prices in prescription drug claims.
- Defended clients in the food and beverage industry against false advertising and unfair competition claims in nationwide federal courts, such as MolsonCoors’ Vizzy product.
- Assisting in complex discovery practice and trial preparation for healthcare, telecommunications, food and beverage, and real estate industry clients in complex commercial litigation.
- Prepared and taught CLEs on trends in false advertising consumer class actions for clients in the food and beverage industry. Monitors ongoing trends in consumer class actions, FTC enforcement actions, and state attorneys general activities for clients.
Roy's Insights
Speaking Engagement | 11.12.24
2024 ANA Maters of Law Advertising Conference: Roundtables With The Experts
Blog Post | 11.11.24
Insights
Seeking Remedies for LGBTQ Children from Destructive Parental Authority in the Era of Religious Freedom,
|05.29.20
Washington & Lee Journal of Civil Rights and Social Justice , Volume 26, Issue 2
A Lawsuit Over Products Marketed as “100% Recyclable” Has Lessons for Fashion
|08.15.22
The Fashion Law
State Attorney General Bipartisan Discussions and Perspectives from the Attorney General Alliance
|07.10.24
Crowell & Moring’s State AG Blog
- |
05.29.24
Crowell & Moring’s State AG Blog
State Attorney General Perspectives on FTC Partnership and Rulemakings
|05.17.24
Crowell & Moring’s State AG Blog
State Attorney General Perspectives on Improving the Multistate Investigation Process
|05.17.24
Crowell & Moring’s State AG Blog
State Attorney General Perspectives on Technological Effects on Vulnerable Populations
|04.16.24
Crowell & Moring’s State AG Blog
Practices
- Advertising and Brand Protection
- False Advertising Disputes and Litigation
- State Attorneys General
- Litigation and Trial
- Antitrust and Competition
- Brand Protection
- Advertising Transactions and Agreements
- Class Action Defense
- Digital Advertising
- Environmental, Social, and Governance
- Health Care
- Artificial Intelligence
Roy's Insights
Speaking Engagement | 11.12.24
2024 ANA Maters of Law Advertising Conference: Roundtables With The Experts
Blog Post | 11.11.24