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| Phone: (202) 342-8821 |
Fax: (202) 342-8451 |
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Lew Rose is a partner in the firm's Washington, D.C. office and chair of the Advertising and Marketing practice group. Mr. Rose focuses his practice in consumer protection, advertising and consumer product safety law, representing clients before federal and state law enforcement agencies, and self-regulatory bodies such as the National Advertising Division (NAD) of the Council of Better Business Bureaus. Mr. Rose handles numerous high-profile investigations by the Federal Trade Commission (FTC), particularly enforcement actions involving substantiation of advertising claims, compliance with trade regulation rules and a broad spectrum of marketing practices. He represents clients across product categories in many state Attorney General proceedings.
Co-author of a treatise on advertising law, Mr. Rose has experience handling all phases of marketing products, including advertising, credit, direct response, telemarketing, franchising and warranty issues. Mr. Rose's law practice also includes counseling clients regarding advertising, marketing, electronic commerce and intellectual property issues with respect to interactive and online services and related technology. He routinely advises clients regarding selection of trademarks and represents clients in the prosecution and defense of trademark infringement litigation in federal court.
Mr. Rose previously served as an attorney with the FTC, where he concentrated in enforcement of FTC trade regulation rules and orders, civil penalty actions and consumer redress actions. Mr. Rose subsequently served as an assistant to the director of the FTC Bureau of Consumer Protection, where he assisted in the development of law enforcement actions regarding advertising, marketing and credit practices. Mr. Rose also served as an attorney advisor to FTC Commissioner Terry Calvani. In that role, Mr. Rose advised the Commissioner on all aspects of the FTC's jurisdiction, including proposed law enforcement actions, and legislative and regulatory proposals. |
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Representative Experience:
Counsel multinational consumer product companies, including Blyth, Citrix Online, Deluxe, Dick’s Sporting Goods, Dish Network, Dun & Bradstreet, Honeywell Consumer Products, Jenny Craig, Nike, Sherwin Williams and Trane regarding compliance with federal and state consumer protection and product safety laws.
Represented equity funds by providing due diligence consumer protection regulatory advice with respect to acquisition targets.
Represented an online retailer in an FTC investigation regarding compliance with the Mail and Telephone Order Rule.
Represented a wireless carrier in an investigation by the Florida and Tennessee Attorneys General into third-party mobile marketing advertising campaigns.
Represented a consumer electronics company in an FTC investigation of credit financing advertising practices.
Represented a consumer electronics company in an FTC investigation of rebate practices.
Represented Craftmatic in an FTC investigation alleging violation of "Do Not Call" rules.
Represented Trane challenging advertising claims by Goodman Global, Inc. before the NAD, which found, as Trane had argued, that Goodman failed to disclose material limitations of its warranty terms.
Represented an education finance company in an FTC investigation alleging failure to safeguard certain sensitive consumer information and therefore misrepresenting its security practices.
State of New York v Gratis Internet, Inc. (N.Y. Sup. Ct. 2007)
Defended Gratis Internet in a lawsuit initiated by the Attorney General of the State of New York alleging breach of privacy policy. This case is pending. |
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Honors and Awards:
Selected as one of The Best Lawyers in America in the Advertising Law and Information Technology Law areas by America Lawyer Media, 2007, 2008, 2009 and 2010.
Recognized as one of the leading lawyers in the Advertising Law area in The Legal 500, U.S. edition, 2008 and 2009. |
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Professional Activities:
Journal of Internet Law, Editorial Board |
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Publications:
"An Advertiser's Guide to Green Marketing," ANA Advertiser Online Magazine, September 2009.
"Anticipating Obama's Consumer Protection Push," Law360, November 20, 2008.
"Room for Improvement: Proposed Changes to Credit Card Disclosures," Journal of Payment Systems Law, Vol. 3, No.1July/August 2007, with Alan Komenesky.
"Case Closed: Learning from Ten Years of Federal Trade Commission Letters Closing Consumer Protection Cases," ABA Consumer Protection Update, Summer 2006, with John Villafranco and Alysa Zeltzer. |
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Client Advisories:
"Ramirez and Brill Confirmed as FTC Commissioners," March 04, 2010.
"Advertising Litigation On the Rise," November 30, 2009.
"FTC Issues Final Sweeping Changes to Endorsement and Testimonial Guides
Guidelines Effective As of December 1, 2009," October 15, 2009.
"FTC Issues New Health Records Data Breach Notification Rules and Massachusetts Modifies Data Security Rules," August 27, 2009.
"FTC Chairman Appoints New Director of the Bureau of Consumer Protection," April 16, 2009.
"Consumer Product Safety Commission Reporting FAQs," March 02, 2009.
"President Obama Plans to Appoint Jon Leibowitz Chairman of the FTC," February 27, 2009.
"FTC Issues Staff Report On Negative Option Plans," February 12, 2009.
"FTC Proposes Sweeping Changes to Endorsement and Testimonial Guides," December 04, 2008.
"FTC Reauthorization Act of 2008," April 11, 2008.
"TCPA Does Not Preempt State Telemarketing Statutes," May 09, 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.
"CPSC Issues Proposed Rule on Factors to Determine Civil Penalty Amounts," July 04, 2006.
"House Judiciary Committee Passes Data Security Bill," May 30, 2006.
"FTC Settles Privacy Case With Nations Title Agency," May 16, 2006.
"House Energy and Commerce Committee Passes Data Security Bill," March 31, 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.
"Rules of the Road: Following Unsolicited Commercial Email (UCE) Requirements," January 01, 2005.
"Food Marketing and Childhood Obesity Report," December 18, 2003.
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Speaking Engagements:
"Claims Substantiation and Fraud Issues," Food and Drug Law Institute Conference: Food Hot Topics, Washington, D.C., January 28, 2010.
Complying with New Endorsement and Testimonial Guidelines, American Conference Institute 2009 Advertisers' and Marketers' Regulatory Summit, Washington, D.C., June 25, 2009.
Green Marketing Claims, Presentation to National Association of Attorneys General Consumer Protection Committee, San Antonio, TX, October 27, 2008.
Understanding the Legal Issues of Email Marketing, Marcus Evans E-Marketing Conference, San Francisco, CA, November 1, 2006.
Key Tips for Keeping Tabs on the Marketing & Business Departments / Compliance with FTC Regulations for Advertising Campaigns, Comprehensive Tour of Key Legal Areas for Corporate Counsel, Law Seminars International, Northern Virginia, October 26, 2006.
Regulatory Strategies: Responding to FTC, State, and Multi-State Investigations and State Enforcement, Advanced Advertising Law: The Strategic Guide for Corporate Counsel, Marcus Evans, Chicago, IL, March 6, 2006.
Chair, 16th National ACI Advertising Law Conference, New York, NY, December 12, 2005.
Legal and Regulatory Pitfalls in Representations and Disclosures on Marketing Products and Promotions, ACI Financial Service Marketing Compliance, Washington, D.C., October 26, 2005.
Co-Chair, Claim Substantiation Strategies: Legal, Tactical, and Practical Considerations, 15th National Advanced Corporate Counsel Forum on Advertising Law, Chicago, IL, June 6, 2005. |
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Bar Admissions:
District of Columbia, 1988
New York, 1982
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Courts:
U.S. Supreme Court
U.S. Court of Appeals - Third, Fifth, Ninth and D.C. Circuits
U.S. District Court - District of Columbia
U.S. District Court - Northern and Southern Districts of New York
DC Court of Appeals |
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| Education:
University at Buffalo Law School, J.D., 1981
University at Buffalo, B.A., magna cum laude, 1978
New York Public Interest Research Group (NYPIRG), Chair
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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