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Court Limits FTC's Ability to Challenge Past Conduct

Believe it or not, the Federal Trade Commission's power is not limitless, write Venable attorneys Len Gordon and Mary Gardner in a recent blog post. This week a judge extended the reasoning in FTC v. Shire ViroPharma, an antitrust decision that limited the FTC's ability to proceed in federal court to challenge past violations of the FTC Act, to the FTC's consumer protection enforcement authority. In FTC v. Hornbeam Special Services, Judge Timothy C. Batten Sr. ruled that the FTC must allege facts supporting the allegation that it has a reason to believe that the defendants are violating or about to violate the law; and that the court could not accept a mere conclusory allegation that the FTC has such a reason to believe. The court gave the FTC 21 days to amend its complaint to fix the defects the court found.

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Insights into the FTC's Bureau of Consumer Protection

A recent webinar from the Consumer Financial Services Committee of the American Bar Association featured an interview with Andrew Smith, director of the FTC's Bureau of Consumer Protection (BCP). Mr. Smith, who was confirmed in May 2018, shared his personal views of his role at the FTC, the commission's development, and enforcement trends and focus in the consumer financial services sector. In a recent blog post, Venable attorneys Jonathan Pompan and Helen Chen break down the areas Mr. Smith discussed that are relevant to the consumer financial services sector.

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Insights into the FTC and the Utah Department of Commerce

Last month, the FTC and Utah Department of Commerce held a symposium in Salt Lake City in which they discussed, among other things, how the two agencies work together to combat consumer fraud. The panels provided a unique insight into how law enforcement agencies coordinate, and their respective priorities. In a recent blog post, Venable attorneys Alexandra Megaris and Elliot Kelly provide analysis of two key takeaways from the event.

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UPCOMING EVENTS

Using Affiliates in Advertising: Pitfalls and Safeguards

October 24, 2018 | Webinar

Affiliate marketing provides a useful tool for companies seeking to promote their brands and expand their customer base. Join Venable attorney Shahin Rothermel for a discussion about best practices when using affiliates to advertise and market your products and services. She will discuss risks associated with engaging affiliates, best practices for using affiliates, and how these practices may need to be tweaked based on the marketing channel your affiliates use.

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2018 ANA/BAA Marketing Law Conference

November 7-9, 2018 | Chicago

Venable is a proud sponsor of the 2018 ANA/BAA Law Conference, the premier forum for marketing and advertising legal and business professionals. Hear from more than 135 of the nation's leading executive and legal speakers from the marketing and advertising, privacy, social media, and IP law bars, as well as in-house counsel from major brands and prominent federal and state regulators. Hear from our Venable attorneys at any of the following sessions:

Po Yi and Pauline Jaturongpanich will present "Influencers Marketing Native Advertising and User Generated Content" on November 7 at 2:20 p.m.

Melissa Landau Steinman will present "Loyalty Programs: Litigation & Regulatory Concerns" on November 8 at 4:25 p.m.

Jessica Borowick will present "Celebrity/Talent" on November 9 at 1:55 p.m.

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Personalized Nutrition: Leveraging Technology and Big Data to Provide Actionable Insight and Effective Solutions

November 7, 2018 | SupplySide West 2018 Conference and Expo | Las Vegas, NV

Personalized nutrition continues to evolve at a rapid pace as advances in science and technology are matched by increasing consumer interest. Tapping into this burgeoning market is no easy feat; brands are charged with acquiring large amounts of data and utilizing it by leveraging technologies such as algorithms and artificial intelligence to provide actionable insight and effective solutions. Venable's Emilio Cividanes will discuss the challenges and legal considerations of acquiring and utilizing data, such as data sharing and privacy, the current market landscape, and more.

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CBD and Hemp Extracts: How Do We Move Forward

November 7, 2018 | SupplySide West 2018 Conference and Expo | Las Vegas, NV

Over the last five years, demand for cannabidiol (CBD) and related whole-plant hemp extracts has grown exponentially. Colorado-based Hemp Business Journal estimates the total CBD industry—including both hemp- and marijuana-derived sources—grew to $360 million in U.S. sales in 2017, reflecting a 37 percent growth rate. Despite the surging demand for hemp-derived products, the CBD industry continues to face myriad challenges. In this three-hour workshop, Venable's Todd Harrison will host a discussion with leading hemp executives and attorneys about the current landscape for CBD and strategies to mature as an industry and overcome hurdles to growth.

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