"Conversations That Matter" Series Recap and Related Insights: Holland & Knight Knows the FTC
Holland & Knight's Consumer Protection Defense and Compliance Team hosted a series of recent webinars highlighting business-critical issues that companies are facing under the Biden Administration, which has a renewed and intentional focus on consumer protection. The series featured real-time discussions with officials from the Federal Trade Commission (FTC) to explore steps that companies should consider to help navigate the consumer protection regulatory landscape.
In case you missed them, below are the recorded presentations from our "Conversations that Matter" Webinar Series.
Critical Outposts for Consumer Protection Investigations
Partner Anthony DiResta and Associate Brian Goodrich hosted Dama Brown, the former
regional director of the FTC's Southwest Region. The panel
discussed how FTC regional offices function and interact with
headquarters in Washington, D.C., how to build positive
relationships with FTC regional office staff, and policy and
enforcement initiatives that may be on the FTC's horizon.
View Webinar »
Presented by Anthony DiResta and Brian Goodrich
The Regulatory Focus on Financial Practices
Partners Kwamina Williford and Da'Morus Cohen hosted Malini Mithal, head of the
FTC's Division of Financial Practices for a discussion that
included the workings of the FTC's Division of Financial
Practices, what industries and business practices are currently of
interest, risks presented by technology and social media, recent
enforcement actions and policy initiatives by the FTC, and risk
mitigation and compliance management.
View Webinar »
Presented by Kwamina Williford and Da'Morus Cohen
Privacy and Identity Protection
Partners Kwamina Williford and William Farley hosted Maneesha Mithal, an associate
director in the FTC's Division of Privacy and Identity
Protection. The panel discussed current key priorities, cooperation
with other regulators such as state attorney generals, artificial
intelligence and facial recognition, use of health data, location
data and the First Amendment, and privacy and data security
remedies.
View Webinar »
Presented by Kwamina Williford and William Farley
Social Media Advertising
Partners Anthony DiResta and Da'Morus Cohen met with Michael Ostheimer, a senior
staff attorney in the FTC's Division of Advertising Practices.
The panel covered an overview of the issues presented by social
media advertising, FTC's treatment of social media advertising
and how it may change, what all businesses should do before
engaging in social media advertising and marketing, potential
revisions to the FTC's Guides Concerning the Use of
Endorsements and Testimonials in Advertising, and content
moderation, fake news and online abuses.
View Webinar »
Presented by Anthony DiResta and Da'Morus Cohen
In addition, members of the Consumer Protection Defense and Compliance Team have authored and produced several related publications and podcasts.
Government Investigations: Insight from a Former Federal Trade Commission Director
This Holland & Knight alert, authored by Anthony DiResta, Brian Goodrich and Benjamin Genn, provides a
number of key takeaways from that discussion, which includes best
practice tips and "inside information" that can help
companies navigate government investigations, enhance their
regulatory compliance programs and minimize risk. As the FTC's
jurisdiction applies to every industry that markets to consumers,
these takeaways apply to every business in every single industry
sector – from financial services firms to healthcare products
to retailers.
Read more »
Embracing a Consumer-Centric Paradigm Shift in Data Privacy
Kwamina Williford and Brian Goodrich authored a
Law360 article about the global awakening to the need for
increased consumer control over consumer data and the implications
for companies hiring and vetting potential employees. They discuss
data privacy legislation at the state and federal levels giving
consumers rights to control how companies use their data. Because
both the law and the market are changing, the authors suggest that
organizations engaging in consumer character reporting or identity
authentication should prepare for the foreseeable changes in data
privacy law by considering alternate, consumer-centric approaches
in order to get ahead of the curve.
Read more »
Podcast: Insights from Our Interview with FTC Senior Lawyer Michael Ostheimer
In the first episode of the "Clearly Conspicuous"
podcast series, Anthony DiResta and Da'Morus Cohen reflect on
an interview they conducted with Michael Ostheimer, a senior lawyer
at the FTC. In the interview, Mr. Ostheimer discussed a number of
rules, regulations and guidance that apply to social media
advertising and the role of the FTC in regulating and enforcing
those rules and regulations. The panel highlights a couple of the
key takeaways and practical tips from the interview that
professionals in the space need to know about.
Read more »
Supreme Court Grapples with FTC's Authority to Pursue Restitution Under Section 13(b)
Anthony DiResta, Brian Goodrich and Benjamin Genn authored an
article in The Banking Law Journal about whether Section
13(b) of the Federal Trade Commission Act implicitly authorizes the
FTC to seek restitution. They discuss the oral arguments heard
recently by the U.S. Supreme Court in AMG Capital Management,
LLC v. Federal Trade Commission in which the Court grappled
with the FTC's authority to obtain equitable monetary relief
pursuant to the authority conferred by Section 13(b) of the FTC
Act. The specific issue that the Court sought to resolve is whether
Section 13(b), by authorizing only "injunctions," also
implicitly authorizes the FTC to seek restitution.
Read more »
3 Areas of FTC Online Marketing Enforcement to Watch
Anthony DiResta, Da'Morus Cohen and Benjamin Genn authored a
Law360 article highlighting FTC regulations to watch for
in the online marketing space. While it's still too early to
estimate the impact the Biden Administration will have on the FTC
and its enforcement priorities, the authors emphasize that Acting
Chair Rebecca Slaughter will likely focus significantly on
e-commerce, and seek monetary penalties in almost all cases. They
indicate that there will likely be an effort to uncover fake
product review schemes, as well as a crackdown on the sale and use
of fake indicators of social media influence. The FTC is also
poised to increase its enforcement of "made in USA"
claims, and investigate products that use an "organic"
label.
Read more »
Advertising on Social Media Regulation: Comments from an FTC Official
This Holland & Knight alert, authored by Anthony DiResta, Da'Morus Cohen and Benjamin Genn, provides a
number of key takeaways from the discussion with Michael Ostheimer,
which includes best practice tips and "inside
information" that can help companies enhance their regulatory
compliance programs and minimize their risks associated with social
media advertising and marketing.
Read more »
