Damon Wright heads the Advertising and E-Commerce practice and Artificial Intelligence practice. He represents leading brands, direct response advertisers, e-commerce retailers, lead generators, advertising agencies, fulfillment companies, technology companies, and related service providers. For each client, the work can vary but the goal is the same – to protect, strengthen, and add value to their business.
- For online information product retailer, obtained multiple consent judgments, including substantial damages and permanent injunctions following trademark and copyright infringement by competitors
- At trial, represented newspaper in trademark infringement case and obtained permanent injunction requiring that competing newspaper change its name
- Represented international online dating service in lawsuit by competitor; prevailed on motion to vacate default and obtained dismissal of competitor’s false advertising, trademark infringement, and unfair completion claims, with award of attorney’s fees and costs
- Represented online computer and television retailer in defense of FTC investigation, resulting in closed investigation and no enforcement action
- Represented business owners in defamation action against consumer complaint website, defeating motion to dismiss that asserted Section 230 Communications Decency Act (CDA) immunity from liability
- Represented online nutraceutical retailer in evidentiary hearing before Better Business Bureau (BBB), persuading BBB to restore client’s BBB accreditation and A+ rating
- Won sanctions, summary judgment, and affirmance on appeal – with actual damages, treble damages, and attorneys’ fees – in false advertising case against online sports memorabilia retailer
- For online information product retailer, obtained arbitration award for actual damages and attorney fees against a serial plaintiff consumer on counterclaim for breach of prior settlement agreement
- Represented telecom software company in breach of contract action by reseller, with court dismissing all non-contract claims and granting summary judgment on contract claim, finding reseller could recover no damages
- Obtained preliminary injunction after evidentiary hearing for online health and beauty product retailer in trademark infringement, trade dress infringement, and misappropriation case against competitor
- Won sanctions, summary judgment, and affirmance on appeal in trademark infringement, fraud, and breach of duty of loyalty case between competing government contractors
- Represented software company founders at trial, against publicly traded corporation in a securities fraud, stock conversion, and shareholder dispute, obtaining compensatory damages, punitive damages, and sanctions
- Represented several high-net-worth clients in fraud and accounting malpractice lawsuits against national accounting firm, obtaining evidence that led to partial summary judgment, favorable settlements, and federal criminal prosecution
- In several confidential matters on behalf of various web-based business clients negotiated with national media outlets to retract, narrow, or balance otherwise unfavorable media coverage
- Featured, Watchdog group asks FTC to investigate Dr. Oz’s influencer marketing, The Washington Post, December 2024
- Featured, Corp. Disclosure Law Kills Community Boards, Nonprofits Say, Law360, September 2024
- Featured, Inside Gordon Rees’ Repositioning From Insurance to Advertising and AI, Law.com, August 2024
- Featured, FTC Action Reinforces Emergent Need for AI-Related Businesses to Seek Legal Counsel, Lexology, January 2024
- Featured, Snack recipe or advertising? Some dietitians now say who’s paying them, The Washington Post, December 2023
In the Media: Podcast Appearances
- FTC Smackdowns, AI Fails, and Influencer Chaos: Damon Wright Breaks Down Marketing’s Legal Minefield, ADOTAT Show with Pesach Lattin, December 2024
- FTC Click-to-Cancel Rule Breakdown: Key Compliance Tips for Subscription Billing, Checkout Champ Podcast with Matthew Martorano, October 2024
- How to protect your publishing business from lawsuits, Financial Marketing Summit with John Newtson, February 2024
- The FTC’s E-Commerce Regulation Campaign, Performance Driven Marketing Institute Seminar Series with Gregory Silvano, August 2023
- E-Commerce Legal Guide with Damon Wright, Checkout Champ Podcast with Matthew Martorano, May 2023
- Dissecting the Atlas Trading Situation with Damon Wright, Trading Camp Podcast, December 2022
- Updates on Legal & Compliance Issues in Financial Publishing & Trader Education, Financial Marketing Summit, February 2022
- FTC on the War Path: What publishers & marketers need to know, Financial Marketing Summit with John Newtson, 2021
- Why Using a Lawyer Can Actually Make You More Money, ClickBank Affiliated Podcast with Thomas McMahon and Kyle Kostechka, November 2021
- Conversation on new FTC notice regarding earnings claims, Financial Marketing Summit with John Newtson, November 2021
- Reducing legal exposure as an online entrepreneur, Openly Outspoken Podcast with Jeremy Adams, November 2020
- Should I Be Worried About Compliance, Shockwave Solutions Podcast with Emma Rainville and Travis Gomez, August 2020
- What the FTC Updating Dot-Com Disclosures Means for Performance Marketers, Performance Driven Marketing Institute Seminar Series: with Gregory Silvano, August 2020
- Attorney (Damon Wright Reveals MUST HAVE language for Subscription Billing on Ecommerce Websites, Fulfillment.com, June 2020
- Compliance Who Cares, Shockwave Solutions Podcast with Emma Rainville and Travis Gomez, April 2020
- The Unicorn Perspective Podcast with Maxwell Finn, December 2019
Presentations
- Volatility is the New Normal, Performance Driven Marketing Institute West with Gregory Silvano, October 2024
- Code & Courtrooms: Takeaways from Recent AI Lawsuits, GRSM Legal Education Conference, New York, NY, May 2024
- Code & Courtrooms: Takeaways from Recent AI Lawsuits, GRSM Legal Education Conference, Hartford, CT, April 2024
- Presenter, Top Legal Risks with AI, HB Litigation, April 2024
- Seasonal Seminar Series: The FTC’s E-Commerce Regulation Campaign, Performance Driven Marketing Institute with Gregory Silvano, April 2023
- Regulatory Hot Topics: What You Need to Know Now, Performance Driven Marketing Institute West 2022 with Thomas Haire, December 2022
- Five Biggest Mistakes We See and How To Avoid Them, Checkout Champ | Advanced Internet Marketers – Money Meetup, October 2022
- A Legal Perspective – How to Strengthen and Protect Your E-Commerce Business, Checkout Champ | Advanced Internet Marketers – Money Meetup, October 2021
Admissions
- Virginia
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals, Fourth, Ninth and D.C. Circuits
- U.S. District Court, Eastern and Western Districts of Virginia
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Eastern and Southern Districts of Texas
- U.S. Bankruptcy Court, District of Columbia
- U.S. Bankruptcy Court, District of Maryland
- U.S. Tax Court
Memberships
- General Counsel, Financial Publisher and Media Alliance
- General Counsel, Together We Bake
- Member, Federal Bar Association
- Member, American Bar Association
- Past president, officer, and board member, Northern Virginia Chapter of Federal Bar Association, 2007-2015
- Frequently writes and speaks on litigation, trial advocacy, and internet advertising law
Pro Bono
- Since 2002, has represented Freddie Woods, recently obtaining the reversal of his 1997 capital murder conviction and death sentence
- Since 2019, has represented Taurus Carroll, an intellectually disabled inmate in challenging his 2012 capital murder conviction and death sentence
- Represents Together We Bake, a job-training and personal empowerment program based on a micro-baking business and founded by his wife that helps women in need of a second chance develop employment and life skills
Personal Activities
- An avid music fan, leads a group of friends and clients to the annual South by Southwest music festival
- Manages and plays percussion in Noise in the Basement, a local cover band and three-time winner of Law Rocks – DC, an annual battle of the bands competition
- Plays adult coed soccer throughout the year
- Has a daughter who works in Virginia’s General Assembly, a teenage son at the University of Virginia, and a teenage son at Alexandria City High School
Education
- J.D., George Mason University School of Law, 1996
- B.S., Political Science, cum laude, James Madison University, 1993
Clerkship
- Honorable Barry R. Poretz, U.S. Magistrate Judge U.S. District Court for the Eastern District of Virginia 1996-1997
Honors
- AV® Peer Review Rated by Martindale-Hubbell, 2007 – Present
- Washington, D.C. Super Lawyers®, 2012 – Present
- Best Lawyers in America® distinction in Advertising Law, 2026
- Just The Beginning Foundation Diversity Champion, 2008
- Benjamin R. Civiletti Pro Bono Lawyer of the Year, 2007
- T. Brooke Howard Fellow; Alexandria, Virginia Office of the Public Defender, 1994