ONE OF THE PREMIER FTC ADVERTISING COMPLIANCE AND REGULATORY DEFENSE PRACTICES OF ITS KIND IN THE UNITED STATES

In an industry where more and more FTC defense lawyers claim expertise simply to win over clients, Richard’s comprehensive  knowledge of the unique business operations of Internet marketers and related regulatory defense subject matter provide a solid foundation for his ability to ensure that advertising practices satisfy expectations established by applicable government agencies and to effectively defend clients in high-profile litigation matters involving cutting-edge issues of law.

There is No Substitute for Concentrated Experience

The Internet marketing stakes and consequences of non-compliance continue to get higher.  When seeking advertising counsel and regulatory advice, always inquire about specific representative experience, including verticals and business models, case outcomes  and outright investigation closures.  Being the target of an investigation or enforcement action can create stress and anxiety.  It is crucial that you choose a zealous, aggressive and effective advocate with the experience to level the playing field and the know-how to choose battles wisely.  Regulatory matters necessarily require careful consideration of whether to litigate specific factual or legal issues.  Unsound decisions can result in needless expenditures on legal fees and loss of credibility with the court.

Richard is a highly regarded advertising law ace with more than 20 years of coast-to-coast professional experience behind him, including more than a decade of deep industry-specific experience on behalf of numerous top-ranked performance marketing networks across the spectrum of business models and verticals.  One of his firm’s most satisfying recent successes came on behalf of a world-leading CPA network – and the affiliate marketing industry – where Richard was part of a litigation team that won a hard-fought, widely publicized judgment that invalidated an affiliate marketing patent and put an end to years of coercive “shake down” lawsuits.

He possesses the ability to cut to the chase in order to help his clients mitigate risk and avoid regulatory scrutiny, remedy fractured compliance programs, navigate contentious investigations and enforcement proceedings, make fully-informed and real-time decisions, modify business operations to ease regulatory burdens, and weigh the difficult decisions that come with walking the line between commerce and compliance.

The dependable advice and solutions that Richard provide are practical, not theoretical, and based upon his extraordinary perspective of the Internet law, media and technology industries.  That insight has helped his FTC compliance and regulatory litigation practice to successfully challenge the gamut of local, state and federal government actions and investigations.

If you have been contacted or sued by the FTC or a state AG, or are interested in developing and implementing practical and effective compliance solutions, consult with an FTC advertising and marketing attorney with the skill to provide a complete and proactive approach to solving complex government-related issues.

FTC Investigations and Enforcement Actions

  • Industry Recognized – Solid Relationships with Enforcers
  • Government Investigations, TROs, Receiverships and Asset Freezes
  • Civil Investigative Demands (CIDs) and Subpoenas
  • FTC and State AG Litigation, Discovery and Negotiations
  • Deceptive Advertising, Privacy Policies, CAN-SPAM, Telemarketing Sales Rule, Privacy and Data Security and COPPA

 

Civil Investigative Demands and Subpoenas

  • Full Range of CIDs, Subpoenas and Requests for Information
  • Modification of Investigational Scope and Production Schedules
  • Aggressive Advocacy and Preparation of Persuasive Substantive Responses
  • Optimal Resolution Positioning – Complete Investigation Closure / Pre-Suit Settlement Negotiation
  • Interview and Hearing Preparation

Internet Marketing and Advertising Compliance

  • Full Range of Advertising and Marketing Legal Regulatory Clearance
  • Preventative Compliance Programs and Strategic Remediation
  • Telemarketing, Email Marketing and Lead Generation Marketing Compliance
  • Weight Loss and Nutraceuticals
  • Privacy and Data Security

State Attorneys General Investigations

  • State Consumer Protection and Data Breach Laws
  • Proactive and Practical Liability Avoidance Strategies
  • Implementation of Strategic Approach to AG Inquiries, Investigations and Litigation
  • Confer with AGs to Achieve Client Objectives and Secure Successful Pre-Enforcement Resolution
  • Deep Knowledge of the Advertising and Marketing Regulatory Landscape

Lead Generation Compliance

  • Compliance Advocacy Regarding Advertisements Used to Generate Leads
  • Evaluation of the Manner in which Consumer Data is Stored and Shared
  • Purchaser, Aggregator and Lead Generator Credentialing
  • Negotiation and Drafting of Compliant Marketing Agreements
  • Full range of Lead Generation Verticals

Telemarketing Law

  • Lead Generator, Lead Aggregator, Pay-Per-Call-Network and Call Center Compliance Programs
  • Implementation of TCPA, TSR and DNC Compliance Protocols
  • Evaluation of Telemarketing Due Diligence Programs
  • Preparation of Telemarketing, Call Transfer and Call Center Agreements
  • Website Disclosures and Scripts

“Richard is a superb FTC defense lawyer and comes highly-recommended. His knowledge of advertising laws and policies is in-depth, up-to-date and he knows how to ask the right questions to help best present a case. He also has a comprehensive knowledge of what the FTC does and does not focus upon. Most importantly, he helped our industry leading online education business to obtain a favorable resolution and closure of an aggressive agency investigation within our modest budget and without a penalty or further action. He is incredibly honest about his time and worked directly with us through successful completion. ‎His government investigation and regulatory defense insights are second to none. Thank you, Richard!”

David, Online Learning Entrepreneur

Prior results do not guarantee a similar outcome