Leonard L. Gordon

Government Experience

• Senior Attorney, Federal Trade Commission
• Regional Director, Northeast Regional Office, Federal Trade Commission
• Senior Attorney, Northeast Regional Office, Federal Trade Commission
• Assistant Regional Director, Northeast Regional Office, Federal Trade Commission

Representative Matters

Matters at Venable

• Defending a manufacturer against antitrust counterclaims of tying, monopolization, and price discrimination
• Representing a major technology company as a third-party witness in several FTC merger investigations
• Representing a major telecommunications company in several advertising challenges before the NAD
• Successfully represented fitness class aggregator ClassPass in obtaining DOJ clearance on its sale to MindBody after DOJ issued a Second Request
• Representing a real estate education company in litigation brought by the FTC and the State of Utah alleging inflated and unsubstantiated earnings claims
• Representing a fintech company in a New York AG investigation into multiple aspects of its business
• Representing a membership club in a CFPB investigation into alleged deceptive enrollment practices
• Represented several ticket brokers in successfully resolving the first cases that the FTC brought under the Better Online Ticket Sales Act
• Successfully resolved claims against a payment processor in litigation brought by the FTC seeking to hold the processor liable for all of the alleged illegal conduct of two of its merchant customers. Case settled for a small fraction of what the FTC sought before litigation
• Filed an amicus brief in the U.S. Supreme Court for the Electronic Transactions Association regarding the FTC's ability to obtain joint and several liability against a payment processor
• Defended a publicly traded payment processing company in a CFPB investigation; obtained dismissal of claims based on CFPB's misconduct during discovery
• Represented multiple manufacturers of dietary supplements in FTC investigations into their advertising; several closed without agency action
• Represented several payment processors in FTC investigations into whether the processors should be held liable for their roles in processing credit card payments for entities that were sued by the FTC; closed without agency action
• Represented multiple entities in the coaching and mentoring industry, in FTC investigations into their advertising and marketing; several closed without agency action
• Numerous successful representations in state attorney general and FTC investigations involving advertising and negative option marketing
• Handled multiple FTC investigations involving advertising and marketing issues in the dietary supplement industry
• Resolved FTC investigations involving "green claims"
• Handled multiple representations involving privacy and data security investigations
• Currently representing Perdue in litigation involving alleged price fixing by poultry companies. Multiple cases brought by broiler chicken purchasers consolidated in the Northern District of Illinois (In re Broiler Chicken Antitrust Litigation)
• Represented Perdue in cases involving alleged agreement by poultry companies on grower compensation. Cases brought by putative class of growers in the Eastern District of Oklahoma (In re Broiler Chicken Grower Litigation). Case successfully resolved
• Advised numerous trade associations and standard-setting organizations on antitrust and consumer protection issues

Matters while at the FTC

Antitrust

• In Re Omnicare, managed a challenge to a $760 million merger in an institutional pharmacy business; resulted in a consent decree after litigation began
• Directed the review and analysis of more than a dozen hospital mergers
• In Re Dun & Bradstreet, managed and served as lead counsel in a challenge to an acquisition in the educational marketing data industry; obtained a consent decree providing for divestitures after several months of administrative litigation
• In Re Nufarm, managed a challenge to an acquisition in the herbicide industry that resulted in a consent decree providing for divestitures; worked with Canadian and UK competition authorities in obtaining relief
• In Re Cardinal Health, managed a challenge to an acquisition in the radiopharmacy industry that resulted in a consent decree that provided for divestitures
• In Re Lubrizol, managed and led a challenge to an acquisition in the lubricants industry that resulted in a consent decree that provided for divestitures
• In Re Providence Health, managed an investigation into the hospital system’s acquisition of the two leading cardiology practices in Spokane, Washington; transaction ultimately was abandoned after concerns were expressed
• In Re Puerto Rico Association of Endodontists, served as lead attorney in an investigation into price fixing and boycotting; investigation led to the entry of a consent decree
• In Re Rite Aid, served as one of the key members of the team investigating the Rite Aid-Jean Coutu “Eckerd” merger that resulted in a consent decree requiring the divestiture of stores
• In Re Colegio De Optómetras, served as one of the key members of the team that investigated the Colegio de Optómetras for price fixing; investigation that resulted in the entry of a consent decree

Consumer protection

• In Re Daniel Chapter One, managed and served as lead trial counsel; argued commission appeal of case against a seller of supplements that purported to treat and cure cancer; obtained cease and desist order from administrative law judge (ALJ), affirmed by the commission and the DC Circuit
• Managed a case against Home Assure, a mortgage foreclosure rescue company, and its principals. Matter settled for $2.3 million, representing full consumer redress
• Managed a case against Academy, a debt collector. Matter settled for a $2.25 million judgment – at the time, it was the highest in a debt collection case
• Managed a case against Comcast for Do Not Call violations related to entity-specific violations; matter settled for a $900,000 civil penalty
• Managed a case against Bronson Partner, sellers of weight loss products; obtained a summary judgment on liability and court entered a $1.94 million judgment after an evidentiary hearing on monetary relief; Second Circuit affirmed
• Managed a case against Classic Closeouts, an electronic merchant for unauthorized billing; the matter settled, and the principal was charged criminally based on the investigation
• Managed a case against Preferred Platinum Services Network, a seller of work-at-home opportunities. Matter settled, and principal was charged with and pleaded guilty to criminal charges based on the investigation

Education

• J.D. with honors George Washington University Law School 1988
• B.A. George Washington University 1985

Bar Admissions

• District of Columbia
• Maryland
• New York

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals for the Fourth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the Southern District of New York

• Chambers USA, Advertising: Transactional & Regulatory, Nationwide, 2019 – 2022
• Legal 500
  • Media, Technology and Telecoms – Advertising and Marketing – Transactional, and Regulatory, 2012, 2019 – 2020, 2022
  • Technology: Data Protection and Privacy, 2013
• The Best Lawyers in America, Advertising Law, 2023