Federal Trade Commission

Kelley Drye attorneys are well-versed in all aspects of Federal Trade Commission (FTC) practice, advising clients as they seek to ensure that their advertising, marketing, and privacy practices comply with the law and representing companies when practices are under investigation.

Our objective when counseling is to provide practical advice that promotes compliance while balancing costs and benefits. For companies under investigation, our objective is a just and speedy resolution, with emphasis on limiting the scope of the information sought, presentation of our client’s substantive position at the earliest possible stage, and meaningful discussions with FTC staff and commissioners. Where resolution is not possible, our team will litigate with the FTC, either before an Administrative Law Judge or in federal court.

Our team prides itself on its substantive expertise and the application of the relevant law to our clients’ business practices. This expertise extends beyond an understanding of the case law, rules, and guides, and includes a broad understanding of the administrative process and what it means to be a respondent in an investigation or defendant in a litigated matter. This perspective is enhanced by the breadth and depth of experience of the Kelley Drye team.

Our team includes five former FTC officials, providing us with a level of expertise from the inside that no other law firm can offer: Bill MacLeod is a former Directors of the Bureau of Consumer Protection (BCP); Laura Riposo VanDruff is a former Assistant Director in BCP’s Division of Privacy and Identity Protection; Dana Rosenfeld (currently the firm’s managing partner) was an Assistant Director of BCP; and Aaron Burstein was a senior legal advisor to FTC Commissioner Julie Brill. Jodie Bernstein, yet another BCP Director, remains a trusted advisor to the practice group.

The remaining partners in the group – Alysa Hutnik, Donnelly McDowell, Gonzalo Mon, Christie Thompson, and John Villafranco – have represented companies in many of the most high-profile FTC investigations and litigations of the past 30 years. And the practice group’s work is supported by a team of associates and special counsel who practice exclusively in this area, many of whom started their careers at the Commission.

Drawing on this expertise, we have an exceptional record of success in helping clients avoid FTC scrutiny, persuading the FTC to close investigations amicably, negotiating reasonable resolutions when it is in our clients’ interests to do so, and litigating to a favorable outcome when all else fails.

Team Members