Jane Metcalf is a Partner in Patterson Belknap’s Litigation Department. Although the bulk of her practice focuses on class-action defense, false advertising, and litigation involving FDA-regulated products, she maintains a diverse complex commercial litigation practice. She also advises clients in internal investigations and in responding to inquiries and subpoenas from government and regulatory agencies. Ms. Metcalf was recently named to Ad Age’s elite ‘40 Under 40’ list, which recognizes influential people under 40 in the advertising, marketing, and media industries.
In the class action realm, she has represented clients in the cosmetics, pharmaceutical, food and beverage, home care, and tech sectors. She successfully argued the Second Circuit appeal of an order dismissing a consumer class action complaint against a major beverage company, resulting in a critical precedent articulating the rigorous pleading standards applicable to claims under New York’s consumer protection laws. She has also won summary judgment in a putative class action alleging that a food product’s packaging contained unlawful “slack fill,” and in a putative class action alleging that a snack food’s ingredients were misrepresented.
Ms. Metcalf also represents clients in pursuing and defending competitor false advertising suits. She has successfully defended companies in the telecommunications and consumer products spaces from Lanham Act competitor suits. She also recently represented a household products company in a challenge to its competitor’s disparaging advertising, surviving a motion to dismiss and ultimately reaching a settlement.
She is a co-editor of Misbranded, a false-advertising blog focusing on class actions and FDA-regulated products, and is regularly invited to speak at class action litigation conferences across the country.
Ms. Metcalf also maintains a varied commercial litigation practice beyond the false advertising realm. In the past year she has represented a financial tech company in a qui tam matter in Delaware Superior Court, a hedge fund in a FINRA arbitration arising from an employee’s termination, and a consumer products company in a breach of contract dispute with a vendor.
Ms. Metcalf is active in pro bono efforts throughout the Firm and the city. She is a supervisor of the State Central Register pro bono project, in which Firm attorneys represent low-income parents who have been placed, without due process, on a register of individuals suspected of child maltreatment – depriving them of important employment opportunities. Ms. Metcalf has also represented a public interest law firm in a successful Article 78 challenge to a denial of a FOIL request from a state agency, and an HIV-positive individual against a defamation lawsuit arising from her public allegations of HIV discrimination. She is a member of the New York County Lawyers Association Committee on Pro Bono.
Ms. Metcalf joined Patterson Belknap in 2012, after clerking for the Hon. Paul G. Gardephe of the U.S. District Court for the S.D.N.Y. and the Hon. Raymond J. Lohier, Jr. of the U.S. Court of Appeals for the Second Circuit. She became a partner in 2019. She received her B.A., magna cum laude, from Yale University and J.D., magna cum laude, from the University of Michigan Law School.
Updated June 2021