In today’s competitive landscape, when companies need help solving the problems that impact their business, they turn to Teddy McCormick. An accomplished commercial litigator, Teddy represents businesses in disputes with their competitors, business partners, suppliers, or customers. She also takes the steps necessary to stop her clients’ competitors from engaging in unfair competition or false advertising. Her clients include dietary supplement companies, food and beverage retailers, hospitals and health care systems, internet mortgage companies, banks, and pharmaceutical companies.
For dietary supplement companies, Teddy helps grow their businesses while minimizing risk, whether regulatory, competitive, or from consumers. She has successfully handled almost every type of litigation that a supplement company could be faced with. For example, she has defended numerous consumer class actions, Federal Trade Commission (FTC) and FDA enforcement proceedings, unfair competition and Lanham Act claims against competitors, breach of contract disputes with suppliers, and claims under Proposition 65 in California. She has also negotiated several consent decrees with the FTC.
In addition, dietary supplement and health care companies seek Teddy’s assistance navigating the legal and business challenges associated with establishing direct-to-consumer sales channels, including, among other things, advertising compliance (including social media and customer or influencer testimonials), reviewing website terms and conditions, creating subscription models, and establishing return and recall policies and procedures. Teddy is also a frequent writer and speaker on the challenges and opportunities facing dietary supplement and health care companies.
Clients appreciate that Teddy always keeps their goals and objectives front and center as she handles their matters. Teddy works hard to find common ground with her adversary and strives to diffuse difficult and emotional situations, a strategy that has helped her resolve countless thorny disputes while saving her clients substantial amounts of money and time.
Before going to law school, she worked for a medium-sized energy efficient lighting company, which has given her insight into the regulatory and competitive challenges faced by medium-sized and small businesses.
Teddy’s dedication carries into her personal life, where she is an aspiring endurance athlete who likes to swim, bike, and run long distances very slowly.
- Successfully moved to dismiss two putative class actions in which the plaintiffs claimed that certain dietary supplements sold by Teddy’s client contained ingredients that were not safe for human consumption and that the products were adulterated under the Food, Drug and Cosmetic Act (FDCA). Teddy struck an important blow against plaintiffs’ lawyers’ ongoing attempts to privately enforce the FDCA.
- Obtained dismissal of claims totaling over $25 million in the Eastern District of Pennsylvania on behalf of the largest retailer-owned supermarket cooperative in the United States in an action brought by a property developer who alleged that the client and one of its member supermarkets caused the failure of plaintiff's commercial development by pretending to be interested in locating a supermarket there while simultaneously planning to locate the supermarket at a competing development.
- Successfully represented a cosmetics and supplement company in connection with an FTC investigation into claims made by the company for various products sold on its website. Teddy successfully negotiated a consent decree that included a suspended judgment with no payment of any fines or penalties unless the client violated the consent decree.
- Represented an internet mortgage company in connection with a fraudulent inducement action that the company brought following its purchase of a smaller internet mortgage company. The smaller company had made several false representations and warranties in the transaction documents. Teddy negotiated a resolution that released the client from making an additional $5 million payment that was required pursuant to a promissory note that was part of the transaction.
- Successfully defended a dietary supplement company in an action brought by the FTC charging the company with failing to have competent and reliable scientific evidence substantiating claims made regarding two popular dietary supplements. The FTC sought $24 million in fines and penalties. Following a five-day trial, the district court judge rejected the government’s allegations and issued a written opinion finding in favor of the dietary supplement company.
- Represented a data management company against a competing data management company in a Lanham Act and unfair competition suit that Teddy brought after the competitor published false information regarding the client on its website. Teddy initially sought and obtained an injunction requiring the competitor to remove the false postings.
- Successfully negotiated a multimillion-dollar settlement on behalf of a research institution in a complex licensing dispute involving several patents that had been licensed and sublicensed to different pharmaceutical companies.
- Successfully dismissed a complaint brought by one entertainment company against a competing entertainment company alleging claims of misappropriation of confidential information, unfair competition, and tortious interference with prospective economic advantage based on the plaintiff's failure to register as an entertainment agency under the Employment and Personnel Services Act, N.J.S.A. 34:8-43 et seq. and N.J.S.A. 56:8-1; this was the first time that we are aware of that a court in New Jersey has dismissed a complaint against an entertainment agency based on its failure to register with, and obtain a license from, the New Jersey Attorney General.
- Recovered over $5 million in lost profits damages for a global specialty chemical manufacturer against another U.S. chemical manufacturing company for breach of licensing and tolling agreement.
- Rutgers University School of Law – Newark (J.D., 1998)
- Tulane University (B.A., 1992)
- New Jersey
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court, District of New Jersey
- American Bar Association
- New Jersey Bar Association
- New Jersey Women Lawyers Association, General Counsel and Executive Board Member
- Foster and Adoptive Family Services (FAFS), Board of Directors