Attention:
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Navigating FTC Enforcement: Compliance and Best Practices


Level: Intermediate
Runtime: 60 minutes
Recorded Date: November 19, 2024
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Agenda

  • Artificial Intelligence
  • Antitrust considerations when using AI
  • Practice tips: minimize AI antitrust risks
  • Privacy considerations
  • "Click to cancel"
  • FTC endorsement guides - 15 U.S.C. 41-58
  • What is an "Endorsement"?
  • Changes to the definition "Endorser"
  • When do you have to disclose?
  • Expanded type of material connections
  • Higher standards for "Clear and Conspicuous" disclosures
  • How to make social media disclosures
  • Sharing liability
  • FTC new enforcement methods

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

As the Federal Trade Commission (FTC) intensifies its enforcement activities, including the recent spotlight on non-compete clauses and other regulatory mandates, general counsels must stay ahead of the curve to ensure their organizations remain compliant. This session will delve into the current trends in FTC enforcement, providing a comprehensive overview of recent actions, including the non-compete rule, and offer practical guidance on best practices for compliance. Attendees will gain insights into how the FTC's enforcement priorities can impact their corporations and learn strategies to proactively address these challenges. Our panelists will discuss case studies, share compliance frameworks, and provide actionable advice on navigating the evolving regulatory landscape.

Discussion topics include:
  • Understanding the latest FTC enforcement activities and priorities, including the non-compete rule and other key regulatory changes
  • Evaluating how recent FTC actions could affect your corporation's practices and policies, particularly concerning non-compete agreements and other compliance areas
  • Best practices for developing and implementing compliance strategies to meet FTC mandates, with a focus on proactive measures and risk mitigation Practical solutions and tools to enhance your corporation’s compliance framework, including case studies and real-world examples from industry leaders
  • How to enhance your skills in advising your corporation on legal and regulatory matters, ensuring alignment with FTC guidelines and avoiding potential enforcement actions

Provided By

General Counsel Conference
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Panelists

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Peri Fluger

General Counsel
Ruder Finn, Inc.

Peri Fluger, General Counsel at Ruder Finn, Inc., a global public relations, marketing, communications, and creative agency, serves as the chief legal advisor to all of Ruder Finn’s global public relations, marketing, communications, and creative agencies. With a diverse skill set that encompasses public relations, communications, advertising, marketing (including social media and influencer marketing), entertainment, intellectual property, and corporate law, he provides invaluable legal guidance to the organization, ensuring compliance and fostering innovation.

Mr. Fluger previously held the position of Senior Counsel II at Re:Sources, a Publicis Groupe Company, and as Senior Corporate Counsel at Ketchum, Inc., an Omincom company, where he managed and negotiated all legal matters for a portfolio of public relations, marketing, and communication agencies. His responsibilities included drafting and negotiating talent and influencer deals, providing risk management counsel on marketing and social media platforms, and handling a wide range of legal agreements. Recognized for his outstanding contributions to the legal field, Peri Fluger was voted one of the Top 50 Corporate Counsel by OnCon for 2023 and 2024, and Top 50 Attorneys of New York for 2023 by Attorney Intel.

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Victorianne Musonza

Legal Counsel: Government Contracts & Data Privacy
Harris Computer

Victorianne Musonza is a seasoned Corporate Attorney specializing in privacy, compliance, risk management, and corporate governance. With extensive experience advising on complex commercial agreements, privacy/data security, and technology transactions, she has successfully supported business growth in tech-driven environments. Her hands-on legal expertise spans M&A activities, privacy programs, and regulatory compliance across multiple industries, including healthcare, finance, and SaaS.

Victorianne is a dedicated legal professional who upholds integrity and transparency in all aspects of her work. She believes in a straightforward and honest approach to consulting and connecting with her colleagues to accomplish team objectives. Driven by her commitment to excellence, she continuously strives to improve her craft, helping her colleagues achieve their goals while aligning with organizational strategies.

Her certifications include being a Certified Information Privacy Professional, Certified Information Systems Auditor (CISA), and Certified Information Systems Security Professional (CISSP). Victorianne is also licensed in New York, North Carolina, and Texas.

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Ethan Wong

Associate Product Counsel
Google

Ethan Wong is an Associate Product Counsel at Google where he counsels Gemini Apps, AI products, and AI marketing. He handles a wide range of legal issues from copyright, privacy, to consumer protection and has experience responding to litigation and regulatory requests, building compliance programs, and being the day-to-day counselor of AI product teams. Before Google, he was an associate at Jenner & Block, where he litigated trademark and copyright cases and helped social media companies respond to government investigations. He received his J.D. from Yale Law School and clerked on the Tenth Circuit after graduation.

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Elizabeth Taras

Assistant General Counsel, Sr. Director, Antitrust
News Corp

Elizabeth joined News Corp in 2020 and is Director, Associate General Counsel, Antitrust. She is responsible for designing and implementing News Corp’s Global Antitrust Compliance Policy. She also provides counsel on business matters by identifying and mitigating antitrust risks. Prior to joining News Corp, Elizabeth worked on antitrust litigations as an associate at Constantine Cannon. She also previously worked at the Antitrust Bureau of the New York State Attorney General’s Office.

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Gerald Stein

Partner, Antitrust and Competition
Davis Wright Tremaine LLP

Gerald Stein, a longtime antitrust litigator and former attorney at the Federal Trade Commission's Bureau of Competition, brings decades of representative and enforcement experience to DWT's commercial litigation team and transactions practices. Specializing in antitrust law and federal and state investigations and enforcement proceedings, Gerald represents and counsels clients in a variety of industries, including healthcare, life sciences, pharmaceuticals, and medical devices; retail, merchandise, and e-commerce; industrial equipment and chemicals; automotive, commercial airlines, and air cargo; and fintech.

Gerald has thirty years of antitrust litigation and counseling experience. For almost a decade, Gerald investigated mergers and anticompetitive conduct for the FTC's Bureau of Competition, serving in senior positions on trial and pretrial teams for the government. In private practice, Gerald is his clients' go-to counsel for all aspects of antitrust litigation and counseling. Gerald also regularly represents clients in commercial litigation, including in class actions, multidistrict litigation, and federal appeals. Recognized by The Legal 500 in the areas of antitrust litigation, class action defense, and merger control, Gerald is well-versed in handling multibillion-dollar disputes and government investigations, having successfully represented major corporations in various sectors. He has analyzed and litigated complex issues involving price fixing, monopolization, boycotts, refusals to deal, exclusive dealing, and unfair and deceptive practices (among other issues), and provides strategic M&A, counseling, and compliance advice, as well as representation during government investigations and proceedings.

Gerald has served in various roles for the American Bar Association's and New York State Bar Association's antitrust sections, has been a member of the NYSBA Antitrust Law Executive Committee since 2010, and has chaired or moderated myriad panels and workshops focused on litigation expertise and competitive markets. Gerald is regarded as a thought leader in M&A and antitrust law, having contributed to the New York Law Journal, Bloomberg Law, and other publications.


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