Saul Perloff

Saul Perloff

Partner

For more than 30 years Saul has represented domestic and international clients in advertising and unfair competition litigation under the Lanham Act and state laws, as well as in other complex commercial and intellectual property disputes. He advises companies in a broad array of industries, including life sciences, technology and consumer products.

A seasoned first-chair trial attorney, Saul has successfully prosecuted and defended disputes involving false advertising, unfair competition, trademark/trade dress and patent infringement, as well as antitrust, TCPA and Qui Tam actions in courts across the country. He also represents clients in government investigations, arbitrations and NAD proceedings.

From 1992 to 1995, Saul served as a JAG officer and member of the Chief Counsel’s Honor Program in the U.S. Army Corps of Engineers.

Experience

Representative matters

A major manufacturer of personal protective equipment (PPE) against several companies for false advertising, trademark infringement, and price gouging during a global pandemic. The defendants agreed to a consent judgment disgorging their profits as well as a permanent injunction.

The leading US producers of oil and gas pipeline components against a foreign competitor falsely advertising its products as ASTM compliant. After a 2-week trial, the jury entered a unanimous, multi-million-dollar verdict for our clients and the court subsequently entered a permanent injunction and recall.

World leading food company against a competitor falsely advertising its products as equivalent to the clients’ branded prescription medical foods. After a two-week jury trial, the case settled on favorable terms, including a significant seven-figure payment to the client. 

Counsel of record for International Trademark Association (INTA) as amicus curiae to United States Supreme Court in Pom Wonderful LLC v. The Coca-Cola Company, No. 12-761.

Pro bono

National MS Society.

Cystic Fibrosis Foundation.

Published Work

  • Saul Perloff, "The Ties that Bind: The Limits of Autonomy and Uniformity in International Commercial Arbitration," 13 U. Pa. J. Int’l L. 323 (1992). 
  • Saul Perloff & Hal Perloff, "Latent Defects in Government Contracts Law," 27 Pub. Cont. L. 87, 89 (1997).
  • Co-Author, (2017) “‘Milking’ The 1st Amendment To Defend Food Label Claims,” Law360
  • Co-Author, (2012) “Drug Company Asserts Right to Require FDA to Protect Market Exclusivity of Brand Drugs,” Washington Health Care Update

Speaking Engagements

  • Guest, “Brands and the Law: An Interview with Saul Perloff,” The B2B Brand Podcast, June 2020
  • Presenter/Moderator, “2019 Litigation Trends Annual Survey,” ACC South/Central Texas Chapter, February 2020
  • Presenter, “Protecting Your Brand Against False Advertising,” Texas Bar Association 16th Annual Advanced In-House Counsel Course, August 2017
  • Presenter, “The First Amendment & FDA Restrictions on Commercial Speech,” Momentum Food & Beverage Webinar Series, June 2016

Leadership Positions And Professional Affiliations

  • American Bar Association
  • California Bar Association
  • San Antonio Bar Association
Recognition
He is a great in-court litigator.
Chambers USA Nationwide
He is a very effective litigator. His advice is always well thought out, and he listens to what we have to say and takes our needs into consideration.
Chambers USA Nationwide, 2023

Awards

  • Advertising Litigation – Nationwide, Chambers & Partners, 2021-2023
  • Media Technology and Telecoms – Advertising and Marketing Litigation, The Legal 500, 2015–2021
  • Intellectual Property/Trademarks Litigation, The Legal 500, 2015–2018
  • Healthcare: Life Sciences, The Legal 500, 2021
  • “Stand-out Lawyer”, Thomson Reuters, 2023-2024
  • “Acritas Star”, Acritas, 2017–2021
  • The Best Lawyers in America, Best Lawyers, 2013–2024
  • “Texas Super Lawyer”, Thomson Reuters, 2013–2019, 2021-2023
  • AV Preeminent Rated Lawyer, LexisNexis Martindale-Hubbell

Qualifications

Admissions

Texas, 1996

California, 1991

Courts

United States Supreme Court

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Eleventh Circuit

United States District Court for the Eastern District of Texas

United States District Court for the Northern District of Texas

United States District Court for the Southern District of Texas

United States District Court for the Western District of Texas

United States District Court for the Central District of California 

United States District Court for the Eastern District of California 

United States District Court for the Northern District of California 

United States District Court for the Eastern District of Wisconsin

Academic

A.B., Princeton University

J.D., University of Pennsylvania Law School

Attended L’Institute D’Etudes Politiques de Paris on a Rotary International Scholarship

Languages

French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.