Damon W.D. Wright

Partner

  • Office Contact Info
  • Biography

    Damon Wright heads the Advertising & E-Commerce 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.

    Damon has close, long-term relationships with his clients and understands their business issues and operational challenges. His clients span almost all verticals, including food and beverage, dietary supplements, telehealth, cosmetics, financial publishing, cryptocurrency, fitness, clothing, electronics, toys, home goods, people search, and business coaching. He is relied upon as a trusted advisor on advertising, regulatory compliance, intellectual property, consumer protection law, business agreements, and acquisitions. He is a determined advocate when litigating FTC and state attorney general actions, business disputes, consumer class actions, infringement, false advertising, unfair competition, and other high stakes matters.

    In his over twenty-five years of practice, Damon has helped countless clients achieve sustained business growth with legal compliance. He is a regular speaker at industry masterminds, serves as outside general counsel to the Financial Publishers & Media Alliance, and previously served as outside general counsel to the Subscription Trade Association. He hosts the “Rock the Box Party” at Traffic & Conversion Summit every year. He is the only attorney ever to receive an Affy Award awarded at the Affiliate Ball in connection with Affiliate Summit. He is the editor of the E-Commerce Legal Guide, a valuable playbook for any online advertiser.

    Admissions

    • Virginia
    • District of Columbia
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Eastern District of Virginia
    • U.S. District Court for the Western District of Virginia
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • U.S. District Court for the Northern District of Ohio
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court for the Southern District of Texas
    • U.S. Bankruptcy Court for the District of Columbia
    • U.S. Bankruptcy Court for the 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

    Community Involvement

    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
  • Practice Areas
  • Representative Experience
    • 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
       
  • Publications & Presentations

    In the Media: Podcast Appearances

    Publications

  • Education

    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, DC Super Lawyers, 2012 – Present

    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

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