Actress Cindy Latch Battles Unauthorized Image Exploitation in Florida Lawsuit

Latch Seeks to Protect Her Brand After Years of Misappropriation by Biote-Affiliated Clinics

April 4, 2025 – Cindy Latch, a commercial actress and TV host, has filed a lawsuit and request for temporary injunction alleging that 19 Florida-based medical clinics unlawfully exploited her image and likeness for commercial gain — years after her consent was withdrawn.

In a story that highlights the increasingly urgent battle over image rights in the digital age, Latch asserts that her likeness was used without permission to promote Biote medical products and services. Biote is a leading hormone therapy company for whom Latch worked as a commercial actress.

Despite a strict contractual agreement dating back to 2015 limiting usage rights to paid terms, the complaint reveals numerous Biote-affiliated providers continued to use her image well beyond the expiration of her contract in February 2021​.

Filed on April 2, 2025, in the 13th Judicial Circuit Court in Hillsborough County, near Tampa Bay, Florida, Latch’s complaint outlines a pattern of persistent infringement even after repeated demands to cease use, a court-issued temporary restraining order, and a temporary injunction issued by the 101st District Court of Dallas County.

As of today, at least 7 of the named clinics allegedly continue to display Latch’s likeness across their websites, social media platforms, and promotional videos​ – all for the benefit of their commercial interests.

“These defendants were told to stop, ordered to stop, and yet they continued to use our client's image,” said William A. Brewer III, founding partner at Brewer, Attorneys & Counselors and lead counsel for Ms. Latch. “Our client believes that this is a textbook example of commercial misappropriation. These clinics and Biote capitalized on Ms. Latch’s brand equity and image to attract business while ignoring the law.”

At the heart of the dispute is Latch’s former collaboration with Biote Medical LLC. Under a series of "Image Usage Contracts," Biote had the right to use Latch’s promotional materials — but only so long as payments were timely and consent remained valid. According to the complaint, those contracts explicitly required that affiliates remove all content 30 days after payment stopped or authorization ended​.

The lawsuit says that when Latch withdrew her consent in 2021 and Biote’s license expired, many affiliated providers ignored the termination and continued using her image. Despite receiving written instructions from Biote in September 2021 to remove the content — and a court-ordered injunction in December 2024 — numerous providers allegedly continued to refuse to comply. Latch filed suit against Biote Medical LLC in November 2024.

The most recent complaint cites violations of Florida’s unauthorized publication of name or likeness statute, common law invasion of privacy by misappropriation, unjust enrichment, and civil conspiracy. Latch seeks monetary damages, injunctive relief, disgorgement of profits, and punitive damages.

The clinics named in the suit span the state from Fort Lauderdale to Jacksonville to Sarasota and include some still actively using her image for their own profit on social media​. Most only ceased after legal action was initiated.

“This isn’t just about me. It’s about drawing a clear line,” says Latch. “Professionals deserve control over how their image is used. If companies can ignore contracts and court orders without consequence, then no one’s brand is safe.”

Law360: Author Gregg Jarrett Sues Over Alleged Theft of Trump Book Idea

April 1, 2025 — Law360 reports that Brewer client and Fox News contributor Gregg Jarrett has filed a lawsuit in New York state court against Simon & Schuster and his literary agency, Vigliano Associates. Jarrett alleges that the publisher and agency conspired to steal his idea for a book centered on the legal battles facing Donald Trump, a concept he pitched in early 2023. 

According to the complaint, after Jarrett declined a low advance offer for the project, his former research assistant, Alex Marlow, was instead chosen to write the book. Now titled Breaking the Law, Marlow's book is slated for release in June.

"This case is about betrayal at the highest levels of publishing — where those entrusted to champion Mr. Jarrett's work instead allegedly conspired to exploit his ideas, misappropriate his opportunity, and enrich themselves at his expense," said Jarrett's attorney, William Brewer III of Brewer Attorneys & Counselors.

Read more here.

San Francisco Business Times: Meta Sued to Address Threats on Facebook

February 25, 2025 – The San Francisco Business Times reported today on a lawsuit by Brewer client Wymara Resort & Villas against Meta Platforms Inc. “to enforce its own content moderation policies after repeated threatening posts directed at employees.”

According to the article, “The complaint, filed Monday [February 24, 2025] in San Mateo County Superior Court, states Meta ignored repeated reports made through the platform and a formal letter to its Menlo Park headquarters alerting them to posts that directed abuse and violence at specific hotel employees. It’s one of the first lawsuits since Meta CEO Mark Zuckerberg announced sweeping changes to the platform and company that included loosening moderation policies against hateful speech, which legal experts expect will lead to more lawsuits stemming from defamation and targeted harassment on the platform.” 

The Wymara Resort & Villas is a luxury resort located in the Turks and Caicos Islands in the Caribbean.

“As its employees are subjected to harassment and threatened with violence, our client requested that Facebook comply with its obligation to uphold the platform’s community and professional standards,” said William A. Brewer III, partner at Brewer, Attorneys & Counselors and counsel to plaintiff Wymara Ltd. “Facebook sits idly by as its platform is weaponized and used to incite violence.”

As reported, “Wymara Ltd. is suing on the basis of breach of written contract — Facebook’s own terms of service — breach of covenant of good faith and fair dealing, and declaratory relief. The hotel seeks monetary damages and a judicial order compelling Meta to remove the specified posts compiled and attached to the lawsuit.”

Read the article here:

https://www.bizjournals.com/sanfrancisco/news/2025/02/25/meta-sued-facebook-harassment-threats-hotel-posts.html?cx_testId=40&cx_testVariant=cx_41&cx_artPos=1#cxrecs_s

A New Year, A New Chapter: Brewer Firm Concludes Landmark Representation of the National Rifle Association

December 24, 2024 – This holiday season, as we reflect on past accomplishments and look forward to the many opportunities we will pursue in 2025, we wish to congratulate the National Rifle Association on its successful and determined efforts to protect its independence against existential threats, immense odds, and unprecedented government lawfare.

When the Firm began its work for the NRA in 2018, the nation’s oldest civil rights organization faced a barrage of regulatory investigations, sweeping congressional inquiries, and a debanking campaign.  Politicians gloated about plans to force the NRA out of existence, target its donors, and silence its defense of freedom.

With resolve befitting its mission, the NRA stood and fought.

Six years later, the NRA still stands – and so do the freedoms for which it has long fought. The Firm is proud it represented the NRA in its blockbuster 9-0 Supreme Court victory, its defeat of the NYAG’s “corporate death penalty” and compliance-monitor claims, its separation from corrupt vendors, and dozens of other matters.   

The greatest reward of this work arrives now: with major litigation threats defeated, the Firm’s work is nearly done.  We wish the Association a joyous holiday, a bright new year, and another century of successful constitutional advocacy.   

Having won these wars, the NRA can now go forth and “win the peace.”  We look forward to watching, and wish the Association well.

ABA Journal Reports on NRA, Brewer Representation

December 17, 2024 – ABA Journal reports that the National Rifle Association (NRA) will reform its governance following a civil lawsuit that originally sought to dissolve the organization.

Brewer, Attorneys & Counselors, which had represented the NRA since 2018, said in a statement that the judgment “is tailored to compliance and governance measures in the NRA’s interest—many proposed by the NRA itself and several of which were already underway at the association.”

Judge Joel Cohen approved the judgment on December 11. The reforms include increasing leadership transparency and changing how NRA board elections are conducted.

As reported, the Brewer firm added that efforts to obtain a “corporate death penalty” and court-appointed monitor to oversee the NRA were defeated. “The NRA pays no fines or penalties under today’s judgment. Instead, the judgment entitles the NRA to collect millions of dollars from two former executives found to have breached their duties,” the statement said. “In sum, following over a month of trial proceedings, Justice Joel Cohen denied all invasive relief sought by the government.”

Read more here.

Brewer Firm Congratulates NRA on Historic Victory in NYAG Litigation

December 11, 2024 – Brewer, Attorneys & Counselors commented today on the NRA’s historic resolution of a multi-year legal battle with New York Attorney General Letitia James. Brewer has represented the NRA since 2018, in connection with the NYAG’s efforts to “eliminate the Association” – which today’s judgment favorably resolves. 

Alongside a unanimous Supreme Court victory this summer, this final judgment marks another high-profile, historic victory in the firm’s representation of the gun group. 

Following a year-long investigation, NYAG James sued to dissolve the Association and seize its assets in August 2020. After the NRA defeated the NYAG’s “corporate death penalty” claim, James sought a court-appointed monitor to oversee the gun group. The court rejected that request this summer. Today, a final judgment was entered that is tailored to compliance and governance measures in the NRA’s interest – many proposed by the NRA itself, and several of which were already underway at the Association. 

The NRA pays no fines or penalties under today’s judgment. Instead, the judgment entitles the NRA to collect millions of dollars from two former executives found to have breached their duties. In sum, following over a month of trial proceedings, Justice Joel Cohen denied all invasive relief sought by the government.

“It was a privilege to be part of this historic, multi-year defense of freedom,” says NRA counsel William A. Brewer III. “Board leaders confronted the ultimate challenge and threat. They deserve credit for standing firm to protect the Association, its mission to defend constitutional freedoms, and the rights of millions of members. The goal from day one was that the NRA remain free to chart its course.”

The judgment caps a six-year saga during which the firm defended the NRA against a barrage of other blue-state regulatory actions, sweeping congressional inquiries, and a debanking effort by New York officials that became the subject of a blockbuster Supreme Court decision in June.  In that case, NRA v. Vullo, all nine justices backed the Association’s First Amendment claims. The Brewer firm served as lead counsel in the Vullo case, and co-counsel with the ACLU before the Supreme Court. 

“When we undertook this representation, we committed to keep the NRA safe and secure,” Brewer says. “The effort involved not only our lawyers but business professionals, investigators, and crisis communications experts. Today’s decision marks the exclamation point on our collective advocacy and vision.”

Joining Brewer in representing the NRA were firm partners Sarah B. Rogers, Svetlana M. Eisenberg, and Noah Peters, and associate Josh Dillon.

Despite Injunction, Biote Continues to Misappropriate Name, Image or Likeness of Actress Cindy Latch

December 10, 2024, Dallas, Texas – A Dallas County court entered an injunction today prohibiting Biote Medical, LLC and its affiliated practitioners from using the name, image, or likeness (“NIL”) of actress Cindy Latch without her consent. Brewer, Attorneys & Counselors sought the injunction after filing a lawsuit on behalf of Latch regarding Biote’s repeated unauthorized use of Latch’s NIL. 

Entered by the 101st Judicial District, Dallas County, Texas, Judge Staci Williams finds that Latch made a threshold showing that she “suffers immediate and irreparable injury” due to Biote’s misappropriation of her NIL.

During a hearing on December 9, Latch introduced evidence that dozens of practitioners continue to misappropriate her NIL on their websites even after her contract with Biote ended in February 2021. These sites are engaged in the continued “impermissible use” of her image and likeness. The order states, “…the Court finds the existence of a wrongful act on behalf of Biote, and the presence of imminent harm flowing from Biote’s invasion of Plaintiff’s privacy by misappropriation of Plaintiff’s image.”

The court previously entered a Temporary Restraining Order on November 25. However, since that date, Biote has failed to protect Latch’s personal brand or compensate her for Biote’s continued unauthorized use of her NIL. With Latch as a centerpiece of Biote’s national marketing effort, the company recently reported annual revenue of approximately $200 million.

“The evidence continues to mount in support of Ms. Latch’s claims:  Biote and its affiliates continue to misappropriate Latch’s name, image or likeness in violation of her rights,” says William A. Brewer III, counsel to Ms. Latch. “This case is a beacon for those victimized by the cavalier misappropriation of their personal brand.”

The Lawsuit

Filed on November 15, 2024, in Dallas County, the lawsuit alleges breach of contract, invasion of privacy by misappropriation, negligence, and violation of the Texas Deceptive Trade Practices Act, among other violations of various state acts protecting Latch’s right to control her NIL. Latch seeks injunctive relief as well as damages exceeding $10 million.

Latch, a highly regarded actress and infomercial host, has appeared in commercials for many major brands, including Chase Bank, AT&T, and American Airlines.  According to the lawsuit, “Plaintiff, like all other actresses, does not allow her image and likeness to be used for free.” Latch asserts that, “[w]ithout strict enforcement of her contractual agreements and privacy rights, [Latch] knows that her brand loses its value.”

The lawsuit alleges that Latch filmed her Biote commercials in 2013. At that time, she entered into an Image Usage Contract with Biote detailing the cost of using her NIL. The contract automatically renewed annually and Latch was paid from 2013 through 2021. 

According to Latch, in 2021 Biote refused to honor the contract terms, while continuing to use her image and likeness in its national corporate marketing. In March 2021, Latch sent Biote CEO Terry Weber an invoice, as well as links to Biote-affiliated websites, confirming Biote’s continued use of her image. Two months later, Biote Chief Digital Officer Kevin Key told Latch that Biote was no longer using her likeness and that any continued use by others was not the company’s responsibility.  

In September 2024, Latch again contacted Weber and asked Biote to cease use of her image. However, in blatant disregard of Latch’s repeated requests, she continues to play a starring role in Biote corporate marketing to this day. During the December 9 hearing, Latch introduced exhibits that illustrate the national reach of these violations.

The lawsuit states that, “While in breach, Biote evaded Ms. Latch’s requests to remove her image from Biote affiliated websites. Further, Biote refused Ms. Latch payment for the use of her image in accordance with the renewal terms of the contract.”

Brewer confirmed that at least 75 practitioners continue to use Latch’s NIL in promotional materials. This continues despite the TRO issued in November.

“We suspect there could be thousands of Biote partners continuing to use her image and likeness,” says William Brewer. “Our client’s brand is her currency, and she will pursue all remedies to which she is entitled.” 

In addition to Mr. Brewer, Latch is represented by Brewer associates Joshua Harris and Nicholas Cacciarelli.

New York Times Reports on NRA, Legal Advocacy

December 5, 2024 – The New York Times reports today, in part, about the National Rifle Association of America (NRA) and its “advocacy” in defense of its independence. As many of you know, in August 2020 the New York Attorney General (NYAG) filed a “dissolution lawsuit” against Brewer client the NRA.

Amid questions about the NRA’s legal strategy, firm partner William A. Brewer III noted that Brewer, with the support of NRA leadership, helped the Association successfully “confront a barrage of blue-state regulatory investigations,” including an effort by New York regulators to eliminate the group. The NYAG’s dissolution claims against the NRA were dismissed, and her bid for a court-appointed monitor was rejected by the court earlier this year.

 Brewer told The Times:

“My firm handles bet-the-company, life or death advocacy. The NRA called and we helped them confront a barrage of blue-state regulatory investigations, a promised ‘corporate death penalty’ dissolution effort in New York, sweeping Russia-gate congressional inquiries, and a debanking effort condemned by the entire Supreme Court. Today, more than six years later, the NRA still stands – independent and free. We’re proud of that outcome, which we count as a win."

Read more here.