- Email: Keith.Walter@lewisbrisbois.com
- Phone: 302.295.9443
- Fax: 302.985.6001
Keith focuses his practice on intellectual property and advertising matters, and litigating complex business disputes. He helps clients protect their innovations and brands, defend their market position, and navigate business and regulatory challenges. He is recognized as both a seasoned courtroom advocate and a trusted advisor to executives, bringing the combined perspective of more than two decades in litigation and senior in-house leadership — experience that sharpens both his courtroom advocacy and his ability to deliver pragmatic advice that resonates with business leaders. His litigation work spans federal and state courts across the country, as well as specialized venues such as the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB). He also serves as Delaware counsel, leveraging deep knowledge of the state’s courts and judicial practices.
In addition to his trial work, Keith is a registered patent attorney with a technical background in chemistry and broad experience in patent and trademark prosecution, portfolio management, and IP monetization. He counsels clients on trademark clearance, brand selection, risk assessment, and enforcement strategies, manages global portfolios, and prepares patentability, validity, and freedom-to-operate opinions to support new technologies and product launches.
Keith’s practice is further informed by his recent tenure as General Counsel of a well-known national direct-to-consumer health and wellness e-commerce company. For more than five years, he oversaw all disputes, compliance, brand-protection, and intellectual property strategies across a portfolio of consumer health products, including dietary supplements, functional foods, and fitness equipment. In that role, he gained firsthand insight into how litigation is not only one piece of the business puzzle, but how that piece must align with product, marketing, compliance, and business strategies to support the company’s overall objectives. This leadership experience gives Keith a perspective rarely found among outside counsel — understanding how executives evaluate risk, manage budgets and outside counsel, and measure outcomes at the C-suite level, while also ensuring his advice is consistently aligned with business priorities.
Keith also maintains a strong advertising, marketing, brand-protection, and unfair competition focus, drawing on his corporate perspective to offer guidance that is both legally sound and commercially practical. He advises clients on claim substantiation, regulatory compliance, and adherence to Federal Trade Commission (FTC) regulations, Food and Drug Administration (FDA) rules, state unfair trade practice laws, and industry self-regulatory standards. His work also extends to e-commerce and digital advertising, including search engine optimization (SEO), online traffic diversion, digital marketplace enforcement, and AdTech-related privacy and data compliance. His background gives him a practical understanding of how regulators, competitors, and consumers scrutinize marketing claims in real time.
He has defended clients against Lanham Act claims, guided them through regulatory agency and state attorney general investigations, and counseled on the use of the National Advertising Division (NAD) as a forum for resolving disputes. He also develops strategies for combating false advertising, counterfeiting, deceptive trade practices, and unfair competition in both litigation and pre-litigation settings.
In addition, Keith drafts and negotiates a wide range of commercial agreements. His experience includes technology licenses, manufacturing and supply contracts, clinical trial and research agreements, vendor and IT agreements, influencer and sponsorship deals, confidentiality and settlement agreements, and employment-related arrangements. He integrates intellectual property considerations along with compliance and advertising requirements into these agreements to protect enterprise value and align legal risk with business objectives.
Keith is well-versed in the unique legal and regulatory challenges facing dietary supplement and consumer health companies. He has handled issues involving grey market goods, unauthorized resellers, counterfeiting, adulterated or mislabeled products, and clinical trial–related matters. This experience gives him a comprehensive understanding of the regulatory, reputational, and business risks facing consumer health companies, and complements his broader work in brand protection, intellectual property, and unfair competition.
In prior practice, Keith advised a wide range of clients — from emerging companies to multinationals — in intellectual property and commercial disputes across industries including pharmaceuticals, medical devices, telecommunications, semiconductors, consumer products, software, financial services, AdTech, and gaming. He built his career at AmLaw 100 firms and well-respected intellectual property boutiques, serving as trial counsel in patent and trademark bench and jury trials, including Hatch-Waxman litigation.
Admissions
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State Bar Admissions
- Delaware
- New York
- Pennsylvania
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United States District Courts
- United States District Court for the District of Delaware
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York
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United States Courts of Appeals
- United States Court of Appeals for the Federal Circuit
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Other Admissions
- United States Patent & Trademark Office
Education
Temple University School of Law
Juris Doctor, cum laude, 1998
Illinois State University
Bachelor of Science - Chemistry, 1993
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