Theodora McCormick

Member
 

Theodora McCormick is a Member of the Firm’s Litigation Practice Group and is Co-Chair of the Sills Cummis & Gross Women’s Group. She focuses her practice on representing health care institutions, dietary supplement companies and pharmaceutical corporations in a variety of matters, including breach of contract, licensing disputes, consumer fraud, unfair competition and false advertising under the Lanham Act. Ms. McCormick has also represented clients in complex adversarial proceedings with the FDA and FTC relating to the adequacy of substantiation of advertising claims.  She has also handled disputes before the National Advertising Division. 

Prior to joining the Firm, Ms. McCormick was a law clerk to the Honorable James M. Havey, Presiding Judge of the New Jersey Appellate Division.

Expand All

Representative Matters

  • Successfully moving to dismiss 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.
  • Successfully defending 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.
  • Successfully negotiating a six figure 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.
  • Representing a Fortune 100 company in obtaining an injunction and money damages under the Lanham Act as a result of a competitor’s use of false and misleading information on its website.
  • Recovering 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.

Court Admissions

U.S. District Court, District of New Jersey, 1999
U.S. Court of Appeals, Third Circuit, 2010
U.S. Court of Appeals, Federal Circuit, 2014

Newsroom

Presentations

Publications

See All Publications

Rankings & Recognition

New Jersey Super Lawyers®* "Rising Stars" 2007, Business Litigation

* See Award Methodology

Affiliations

Member, American Bar Association
Member, New Jersey Bar Association
General Counsel and Executive Board Member, New Jersey Women Lawyers Association