Featured Posts
Featured Internet Law Blog posts showcase important news and developments in marketing, advertising and communications law.
Richard B. Newman Selected to Author Consumer Protection Section of ALM FTC Law, Practice and Procedure Treatise
As a result of the firm’s demonstrated subject matter expertise and track record of success in the fields of FTC advertising compliance, investigations and defense, Richard B. Newman has been selected to assume authorship of the Consumer Protection Section of the American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive…
Read Article...Richard Newman Quoted by Law.com on FTC’s First “Review Hijacking” Action
FTC advertising compliance and defense lawyer Richard B. Newman was recently quoted in an article for Law.com titled “FTC Bags First Settlement in Probe of ‘Review Hijacking’ in E-Commerce.” The article discusses the FTC’s first case alleging “review hijacking,” in which a marketer steals or repurposes reviews of another product. The case involves a marketer…
Read Article...Responding to an FTC CID is an Art Form
Federal Trade Commission Civil Investigative Demands (CIDs) are compulsory administrative subpoenas utilized by the Federal Trade Commission to obtain materials and information about an investigation into a recipient’s (and/or another party’s) business practices. The initial response is critically important. Below are some tactics designed to thoroughly consider defense strategies aimed at achieving an optimal resolution.…
Read Article...Richard Newman Authors Article for mThink on Supreme Court Limitation of Regulatory Disgorgement Remedy
FTC compliance and defense lawyer Richard B. Newman recently authored an article for mThink titled “Supreme Court Limits Regulatory Right to Disgorgement in Judicial Enforcement Actions.” The article examines the June 2020 Supreme Court opinion in Liu v. Securities and Exchange Commission. The article discusses how the Court rejected the Liu petitioners’ argument that the SEC…
Read Article...Federal Court Clips FTC Judicial Enforcement Wings
The Federal Trade Commission (FTC) actively uses its authority under Section 5 of the FTC Act and other consumer protection statutes to initiate enforcement actions against marketers in federal court based upon a broad range of unfair or deceptive conduct, including, but not limited to advertising practices. Under the FTC Act, the FTC can initiate…
Read Article...Richard B. Newman Authors Article for FeedFront Magazine – Top 5 Ad Claim Substantiation Mistakes
Top 5 Ad Claim Substantiation Mistakes The Federal Trade Commission requires advertisers to possess a “reasonable basis” for express and implied claims. The failure to do so constitutes an unfair and deceptive act or practice in violation of Section 5 of the FTC Act. Substantiation is a key FTC enforcement priority. Advertisers should be intimately…
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