Living under FTC Oversight—Minimizing the Risk of Enforcement, Responding to Investigations, and Developing Advanced Techniques for Steeling Defenses to Potential Class Actions
Vice President & Associate General Counsel
DIRECTV/AT&T (El Segundo, CA)
Founder and Principal
Steve Richter Law
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