Federal Trade Commission (FTC)
We have significant experience guiding clients through all aspects of FTC investigations — responding to CIDs, meeting with Commission staff to discuss and address their concerns, and negotiating settlements. These investigations have involved a wide range of issues, including claims for deception and/or unfairness under Section 5 of the FTC Act, concerns about privacy, data security, COPPA, and the EU safe harbor. We also have represented clients in investigations involving advertising practices such as those relating to the FTC’s testimonial guidelines.
Our team’s understanding of the investigative process and regulatory concerns comes from time spent both inside and outside of the government, including in the FTC’s Department of Privacy and Identity Protection. Through this experience, we have developed a strong reputation for being firm and reasonable advocates. We are not afraid to push back where appropriate, but we do so in a way that is professional and credible. When investigations go forward, we can help clients evaluate their options, and arrive at decisions that make the most sense for their business.
State Attorneys General (State AGs)
As with the FTC, we have experience both inside and outside state government, which helps us to advise clients of various sizes and in different industries. We have worked closely with Attorneys General in numerous states, including those that have been active in privacy and technology-related issues. Again, our approach has allowed us to have open, constructive dialogue with government attorneys, which has enabled us to better understand their concerns and to work to address them in ways that make the most sense for our clients.