Richard B. Newman is a seasoned Internet and business litigation lawyer who counsels clients on a broad range of legal matters across a variety of industries, with a particular focus upon Internet marketing compliance, regulatory investigations and enforcement defense, advertising and marketing litigation, eCommerce, email and SMS SPAM litigation defense, communications and digital media.
A core portion of Mr. Newman’s legal work involves advising clients on how to minimize the legal risks related to advertising and marketing under both federal and state consumer protection laws and regulations, without sacrificing the bottom line. He provides compliance and best practice advice with respect to the creation and dissemination of an extensive spectrum of advertising creative across numerous verticals, as well as regulatory issues that control commerce on the Internet.
Mr. Newman’s notable Internet law and regulatory compliance counseling experience also consists of providing legal advice and advocacy to his clients in high-stakes investigation and litigation matters, such as advertisers and marketers, before the Federal Trade Commission, the Consumer Financial Protection Bureau, state Attorneys General and other consumer protection agencies, including Departments of Consumer Affairs.
As an experienced Internet lawyer, Mr. Newman is a widely recognized legal authority in the affiliate marketing space. In 2014, he was cited in conjunction with a petition for a writ of certiorari filed with the Supreme Court of the United States on the issue of whether the Federal Trade Commission is authorized to seek, and a district court to grant, monetary remedies against those that have violated the FTC Act.
Mr. Newman’s practice emphasizes Internet marketing and telemarketing matters involving advertisers, affiliate networks, advertising networks, pay-per-call networks, lead generators, publishers, list owners and list managers. He is counsel to the performance marketing industry with substantial experience providing strategic guidance and creative solutions that allow clients to market effectively. His versatile experience also encompasses advising clients on a broad range of cutting-edge consumer protection laws and regulations.
Mr. Newman regularly advises and defends clients across a broad spectrum of private, complex commercial litigation matters such as those that involve allegations of false advertising and unfair trade practices.
He is a well-rounded legal professional with distinguished experience advising clients on issues pertaining to commercial contract disputes, Internet defamation law, mobile marketing law, social commerce law, promotions law, click fraud and online impersonation law, trade secrets and employment law matters, Internet trademark and copyright law, and privacy and data security legislation. Mr. Newman also advises corporate clients regarding fundamental business transactions and strategic direction, representing businesses during all phases of their existence.
Mr. Newman serves as outside general counsel to numerous clients throughout the United States (whose clients include Fortune 100 retail companies). Over the years, he has forged relationships with clients that have been recognized as being amongst the fastest growing performance marketing networks and technology companies, ranked on both Inc. Magazine’s Annual 500/5000 List and Revenue Performance’s mThink Online Advertising Blue Book.
He is sought-out to provide consultation on numerous high technology-related matters, including the design and creation of Internet based businesses and websites. His practice also includes drafting, revising and negotiating an assortment of business contracts and Internet website agreements, including marketing agreements, advertising network agreements, publisher agreements, website terms and conditions, privacy policies, social media policies, technology services agreements, sweepstakes and contest rules, business formation and organization agreements and employee agreements.
Mr. Newman is a uniquely qualified Internet attorney to counsel Internet-based businesses on emerging laws, regulations and policies. With more than 20 years of solid legal practice and a large firm background on both coasts, Mr. Newman has successfully litigated and settled numerous matters throughout the United States.
During the course of his career, Mr. Newman has successfully handled a comprehensive range of pre-trial and trial matters, developed a thorough understanding of the rules of civil procedure through extensive law and motion practice, managed fact and expert discovery and represented clients in many types of alternative dispute resolution proceedings, including arbitration and mediation.
Mr. Newman is admitted to practice law in California, New York, Nevada, the District of Columbia, and before the United States District Court for the Districts of Northern, Central and Southern California, the Southern District of New York and the District of Nevada. Mr. Newman is also admitted to practice in the United States Court of Appeals for the Federal Circuit.
As an accomplished Internet lawyer and online marketing attorney with superior knowledge of legal issues pertaining to Internet based businesses and technologies, Mr. Newman is currently a member of the California State Bar’s Cyberlaw Committee on eCommerce, Data Security and Privacy. He is also counsel to the Executive Council of Performance Marketing and a member of the Performance Marketing Association’s Compliance Council, on whose behalf he has authored authoritative Blogging and New Media Disclosure Information. In 2013, Mr. Newman served as co-chair of the Online Lenders Alliance Lawyers Council and Forum.
Mr. Newman is regularly asked to speak and present at national events hosted by industry associations on a number of legal and regulatory topics. He is a frequent author on legal and regulatory issues of significance to Internet marketers and has been both quoted and interviewed by numerous media outlets, including BBC News, Communications Daily, Law360, Legal NewsLine, Forbes, The Star-Ledger, NBC 5 Chicago, Newsday, Revenue Performance Magazine, the Performance Marketing Association, Performance Marketing Insider, OfferVault, 5 Star Affiliate Blog, MailerForum, The Washington Times, The Chicago Tribune, The Daily Journal, The Wall Street Journal, Inside Edition, MSN, Business Wire, PC Magazine, e-Finance & Payments Law & Policy and The State Bar of California – Cyberspace Law e-Bulletin.