William C. MacLeod
  Partner, Washington, DC / Chicago
   
     
  Practice Areas:
Antitrust and Trade Regulation
- Counseling and Compliance
- Investigations and Litigation
- Joint Ventures and Alliances
- Mergers and Acquisitions
Advertising and Marketing
- FTC and State AG Investigations
- Green Marketing
- Lanham Act Litigation
- NAD Proceedings
- Privacy and Information Security
Food and Drug Law
Litigation - Washington, DC
- Class Actions
Mergers and Acquisitions
Privacy and Information Security
 
     
 
  News  
  Publications  
  Events  
  Speaking Engagements  
  Client Advisories  
Phone: (202) 342-8811 Fax: (202) 342-8451
Email: wmacleod@kelleydrye.com
vCard: 

Alternate Contact Info:
Chicago
Phone: (312) 857-7070 Fax: (312) 857-7095
 
William MacLeod is a partner in the firm's Washington, D.C. and Chicago offices and co-chair of the Antitrust and Trade Regulation practice group. A former bureau director at the U.S. Federal Trade Commission (FTC), Mr. MacLeod focuses his practice on competition law, trade regulation, advertising, privacy and security.

Mr. MacLeod guides domestic and international corporations through investigations, approvals and challenges of mergers and acquisitions. He has obtained FTC and Antitrust Division clearance of numerous acquisitions and joint ventures in a range of industries, including medical devices, grocery products, defense contracting and steel manufacturing. Mr. MacLeod also has assisted clients with protecting interests threatened by consolidation in industries ranging from accounting to travel services, and has served as special counsel for a government investigation of one of the world’s largest manufacturing mergers.

Mr. MacLeod represents companies in advertising, antitrust and intellectual property disputes before the state and federal courts, the FTC and the National Advertising Division of the Council of Better Business Bureaus. His notable cases include monopolization and conspiracy claims, the FTC's first unfairness trial in 20 years, and the FTC's first preliminary injunction action in an ad substantiation case.

In addition, Mr. MacLeod counsels and defends companies and trade associations on pricing, advertising, distribution, intellectual property licensing and competitor relations. In his work with trade associations and their members, he has fought onerous regulations and advocated sensible policies on competition, biotechnology, health and privacy. In his work on privacy and security, he has defended the practices of major retailers, manufacturers and financial companies.

Mr. MacLeod previously served as director of the FTC's Bureau of Consumer Protection, where he was the chief federal prosecutor of unfair and deceptive advertising. In this position, he also served as the U.S. delegate to a committee of the Organization for Economic Cooperation and Development, where agency heads of Europe, Australia and Japan develop policies for financial regulations, product safety and international advertising. Mr. MacLeod also previously held positions as advisor to the assistant attorney general of the U.S. Department of Justice's Antitrust Division; director of the FTC's Chicago regional office; and attorney advisor to the FTC chairman.
 
Honors and Awards:
Selected as one of The Best Lawyers in America in the Antitrust Law area by American Lawyer Media, 2007, 2008, 2009 and 2010.

Recognized as one of 114 attorneys nationwide who set the standard for superior client service and exemplary legal representation in the BTI Consulting’s annual survey of Fortune 1000 companies, 2008.
 
Memberships and Associations:
American Bar Association, Antitrust Section, Antitrust Law Spring Meeting, co-chair
 
Community Activities:
Ripon College, Ripon, Wisc., trustee
 
Professional Activities:
International Chamber of Commerce, U.S. Antitrust Modernization Task Force, chair

Task force represents the interests of international business in the federal government's review of competition, merger control and antitrust laws.
 
Publications:
Consumer Protection Law Developments, editorial board, 2009.

Trade Associations and the Antitrust Laws, author (part of BNA's acclaimed Corporate Practice Library).

"Does Advertising Make Us Fat? No!" Brandweek Op ed, February 20, 2006.

"The Federal Trade Commission and the Federal Trade Commission Act," Antitrust Advisor, 2005.

"Three Rules and a Constitution: Consumer Protection Finds Its Limits in Competition Policy," Antitrust Law Journal (No. 3), 2005, with Anna Kertesz and Elizabeth Brunins.

"Kid-Vid Revisited: Important Lessons for the Childhood Obesity Debate," ABA Antitrust Magazine (No. 3, Volume 18), Summer 2004, with Judith L. Oldham.
 
Client Advisories:

"Ramirez and Brill Confirmed as FTC Commissioners," March 04, 2010.

"DOJ Approves Ticketmaster-Live Nation Merger, With Conditions," February 08, 2010.

"DOJ Announces $900,000 Settlement with Smithfield Foods and Premium Standard Farms For Gun-Jumping," January 25, 2010.

"FTC Issues Final Sweeping Changes to Endorsement and Testimonial Guides
Guidelines Effective As of December 1, 2009,"
October 15, 2009.

"DOJ Warns of Fraud and Collusion in Procuring Economic Recovery Funds," April 27, 2009.

"FTC Chairman Appoints New Director of the Bureau of Consumer Protection," April 16, 2009.

"President Obama Plans to Appoint Jon Leibowitz Chairman of the FTC," February 27, 2009.

"Christine Varney Nominated as Assistant Attorney General for Antitrust," February 27, 2009.

"Federal Trade Commission Unwinds Green Textile Claims and Frames Up Green Building Claims," August 13, 2008.

"Court of Appeals Upholds FTC Challenge of Whole Foods/Wild Oats Merger," August 06, 2008.

"Federal Trade Commission Announces Workshop on Environmental Claims for Green Buildings and Textiles," June 10, 2008.

"The Federal Trade Commission Unpacks New Green Packaging Claims," May 07, 2008.

"FTC Reauthorization Act of 2008," April 11, 2008.

"Federal Trade Commission Announces Workshop on Green Packaging Claims," March 19, 2008.

"FTC Examines Carbon Offsets and RECs," January 24, 2008.

"FTC Announces Review of Environmental Marketing Guidelines," December 12, 2007.

"Supreme Court Strikes Down Ban on Minimum Resale Price Maintenance," June 28, 2007.

"TCPA Does Not Preempt State Telemarketing Statutes," May 09, 2007.

"Private Equity Fund Acquisition," February 21, 2007.

"FTC's Workshop on Negative Option Marketing," February 02, 2007.

"Endorsements and Testimonials in Advertising: FTC Request for Comments," January 19, 2007.

"Novel Class Actions Seek Application of California Eavesdropping Law to Ordinary Course of Business Telephone Monitoring and Recording," November 10, 2006.

"New State Privacy Laws: Regulating the Use of Social Security Numbers and Requiring Wireless Security Warnings," October 10, 2006.

"New EU Proposals Ease Way For Private Damage Actions for Violations of European Commission Competition Law," August 14, 2006.

"House Judiciary Committee Passes Data Security Bill," May 30, 2006.

"FTC Settles Privacy Case With Nations Title Agency," May 16, 2006.

"Independent Ink: Supreme Court Lowers Antitrust Barriers to IP Tying and Bundling Arrangements," April 26, 2006.

"House Energy and Commerce Committee Passes Data Security Bill," March 31, 2006.

"Federal Trade Commission Announces Reforms to Second Request Process," March 15, 2006.

"New York Passes Rebate and Mail Order Legislation," September 02, 2005.

"Congressmen Stearns and Barton Release Draft Data Security Legislation," July 05, 2005.

"FTC Settles Landmark Data Security Breach Case," June 21, 2005.

"Thresholds for the Hart-Scott-Rodino Pre-Merger Filings Change on March 2, 2005," March 02, 2005.

"Rules of the Road: Following Unsolicited Commercial Email (UCE) Requirements," January 01, 2005.

"New California Law Affects Businesses that Share Consumer Information with Third Party Marketers," November 15, 2004.

"Antitrust Laws Amended," June 24, 2004.

"Food Marketing and Childhood Obesity Report," December 18, 2003.

 
Speaking Engagements:
"Regulatory Roundtable: Overview of Federal Agencies and Implications for the Personal Care Products Industry Under the New Administration," Personal Care Products Council 2009 Legal & Regulatory Conference, Vancouver, Canada, June, 19, 2009.

"Endorsement and Testimonial Guidelines," Advertising Law & Business Affairs Conference, New York, N.Y., March 11, 2009.

"The Future of Antitrust," Section of Antitrust ABA, January 12, 2009.

"The Substantive Scope of Section 5 of the FTC Act – Where Are the Boundaries and Where Should They Be," Antitrust ABA Fall Forum, Washington, D.C., November 13, 2008.

"Privacy and Data Security: Policing Bad Behavior in New Internet Markets," Law Seminars International's Annual Conference on New Developments in Technology Law, Seattle, WA, December 14, 2007.

"The Bureau Directors' Perspective," ABA Consumer Protection Conference, Washington, DC, January 29, 2007.

"The FTC: New Approaches to Old Problems," CTFA Legal and Regulatory Conference, Seattle, Washington, June 9, 2006.

"After the Breach: How to Live with an FTC or State Order," ABA Antitrust Law Spring Meeting, Washington, DC, March 29, 2006.

"The Role of Dispute Resolution in Managing Litigation Risk," Better Business Bureau's AUTO LINE Forum, October 28, 2005.
 
Bar Admissions:
District of Columbia, 1982
Illinois, 1979
 
Education:
University of Miami School of Law, J.D., cum laude, 1979
Society of Wig and Robe
Ripon College, B.A., cum laude, 1973
 
Primary Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
 
Other Office Locations:
333 West Wacker Drive
26th Floor
Chicago, IL 60606