Thomas A. Evans

Tom Evans joined Reed Smith in January 2005 when the law firm combined with Fleming & Phillips LLP.  His civil practice focuses on complex litigation involving consumer class actions, unfair business practice actions, false advertising actions, and cases relating to the insurance and financial service industries before state and federal courts.  His experience includes trials, mediations, and arbitrations before the NASD and AAA.  Mr. Evans is admitted to practice in California and Alaska.

Thoughts on Advertising:  My work defending advertising and unfair competition cases is always offering something new.  Advertising and unfair competition litigation presents a wide range of legal and factual issues, which is expanding along with the rapid pace of innovation in products, marketing and advertising. This innovation can create challenges both in compliance and litigation.  Advertising cases frequently present issues of first impression that require the parties and the Courts to find ways to adapt existing law to new practices.  Recent changes to unfair competition statutes and class action procedures have created additional opportunities to argue new theories and creative defenses to advertising and competition claims.

Advertising has a higher profile than other areas of commercial litigation, and it therefore attracts interest from many different groups.  Competitors, consumers, class action plaintiffs, federal and state regulators, and even local law enforcement may challenge advertising and competitive practices, and each party has their own interests and strategies.  At the same time, both public and private plaintiffs are searching for ways to expand liability to companies beyond manufacturers and advertisers.  For example, many plaintiffs are focusing increasingly on retailers, who generally have a more prominent local presence and whose names may be more recognizable to the public than many manufacturers.  In each case, an effective defense must be adapted to the types of parties involved, as well as, of course, the specific needs of the client.