Biography

Jane Metcalf is a Partner in the Firm’s Litigation department. Her practice focuses on complex commercial litigation, with an emphasis on false advertising, intellectual property, class-action defense, and litigation involving FDA-regulated products.  She also advises clients in internal investigations and in responding to inquiries and subpoenas from government and regulatory agencies. 

Ms. Metcalf has been named to Benchmark Litigation’s 2020, 2021, and 2022 “40 & Under Hot List,” recognizing practitioners who “are among the top young talent in their respective communities in the U.S. & Canada.” Ms. Metcalf was also named to Ad Age’s elite ‘40 Under 40’ list, which recognizes influential people under 40 in the advertising, marketing, and media industries.

Prior to joining the Firm, Ms. Metcalf served as a law clerk to the Hon. Paul G. Gardephe in the United States District Court for the Southern District of New York, and to the Hon. Raymond J. Lohier, Jr. in the United States Court of Appeals for the Second Circuit.

Representative Matters

Representing payments technology company in a False Claims Act case alleging failure to remit unclaimed property to the state.  

Representing consumer products company in a series of related cases alleging that the company misstated the environmental impact of its operations. 

Obtained dismissal of putative false-advertising consumer class action alleging that a best-selling soft drink was misleadingly labeled. Successfully argued appeal of the dismissal, resulting in a Second Circuit opinion applying rigorous pleading standards to consumer protection actions.

Obtained favorable ruling on standing in Ninth Circuit, resulting in dismissal of multi-state class action alleging FDCA violations on product labeling.

Obtained dismissal of lawsuit brought by putative public interest organization under D.C. Consumer Protection Procedures Act, claiming that consumer goods company had made misleading statements about public health issues.

Successfully represented a household products company in Lanham Act suit against competitor, resulting in favorable district court ruling and ultimately culminating in settlement. 

Obtained summary judgment on behalf of chocolate company in putative class action alleging misleading labeling of artificial flavors, after securing crucial deposition testimony from the named plaintiffs.

Obtained summary judgment on behalf of manufacturer in putative class action alleging that product packaging contained unlawful “slack fill.”

Successfully defended broadband cable provider in competitor’s application for an injunction against TV and internet advertisements.

Advised a leading online services company in responding to an inquiry from the New York Attorney General’s Office concerning a potential security vulnerability in its smartphone application.

Representing a leading beverage manufacturer in several putative false-advertising class actions in federal court involving the labeling of ingredients in soft drinks.

Represented chocolate company in trademark litigation in federal court, culminating in settlement.

Regularly represent broadband cable provider in false-advertising matters before the NAD.

Successfully represented a cosmetics company in an appeal to the Federal Circuit in a case involving the enforcement of FDCA requirements under state law, obtaining a decision that narrowed the district court’s injunction against the sale of client’s product from 50 states to one state.

Obtained dismissal of a Sarbanes-Oxley whistleblower complaint against a Fortune 500 media company.

Admissions
  • U.S. Courts of Appeals, Second Circuit; Fifth Circuit; Ninth Circuit; Federal Circuit
  • U.S. District Court, Southern and Eastern Districts of New York
  • New York