Living under FTC Oversight—Minimizing the Risk of Enforcement, Responding to Investigations, and Developing Advanced Techniques for Steeling Defenses to Potential Class Actions

March 12, 2015 10:45am

Ted Suzuki
Vice President & Associate General Counsel
DIRECTV/AT&T (El Segundo, CA)

Steven Richter
Founder and Principal
Steve Richter Law

Darren Lubetzky
FTC Northeast Region

Edward F. Glynn Jr.
Locke Lord LLP

  • Discussing trends in FTC enforcement—what activities are being targeted as problematic?
  • Identifying the problematic gray areas of pertinent FTC guidelines (digital media, disclosures, etc.)
  • Supporting claims before the FTC
    • How many studies are required for there to be substantiation?
    • Comparing the FTC’s standard for substantiating scientific claims with that of the FDA
    • Update on the status of POM Wonderful before the D.C. Circuit, and discussion on its First Amendment implications
  • Analyzing recent enforcement actions by the FTC regarding disclosures
    • What lessons can be gleaned?
    • Under what circumstances is personal liability of corporate officers sought or obtained?
  • Best practices for responding to FTC investigations
    • Identifying the purpose and meaning of FTC letters and requests
      • Informal letters
      • Formal CIDs and subpoenas
      • Ex parte TROs and subpoenas
    • Minimizing costs
    • Negotiating settlements with an eye toward potential class actions—are there clauses that can be added to deter follow-on claims?
  • Discussing sample consent orders
    • What claims give rise to enforcement?
    • Which remedies are commonly ordered?
  • Evaluating the effect of an FTC determination when used in subsequent litigation