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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, DC 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, Dell, Deluxe, Dick’s Sporting Goods, Dish Network, Dun & Bradstreet, Home Depot, 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 Goal Financial, LLC 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.
State of New York v. Dell Inc. (N.Y. Sup. Ct. 2008)
Defended Dell Inc. in a lawsuit initiated by the Attorney General of the State of New York alleging unlawful credit financing advertising, warranty, tech support, and rebate practices. 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 and 2009.
Recognized as one of the leading lawyers in the Advertising Law area in The Legal 500, US edition, 2008. |
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Professional Activities:
Journal of Internet Law, Editorial Board |
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Publications:
"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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Speaking Engagements:
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, DC, 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:
US Supreme Court
US Court of Appeals - Third, Fifth, Ninth and DC Circuits
US District Court - District of Columbia
US District Court - Northern and Southern Districts of New York
DC Court of Appeals |
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| Education:
University at Buffalo Law School, JD, 1981
University at Buffalo, BA, 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, DC 20007-5108
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