This seminar, presented by Winston & Strawn partner Brian Fergemann, provides an overview of the laws that apply to retail pricing offers, including former price comparisons (more commonly referred to as “sales”) and promotional offers. Brian Fergemann discusses the legal issues with respect to sales, BOGOs, rebates and other types of promotional offers that are commonly used to drive purchase. Mr. Fergemann explains why continuous sales are problematic, when it is appropriate to describe an item as “free” with the purchase of another item, and how to advertise promotional offers so as not to mislead consumers.
I. Identify the various state and federal laws and regulations that govern pricing and promotional offers
II. Learn how to establish and maintain the “regular price” of an item
III. Grasp how to advertise rebates and other promotional offers
IV. Gain knowledge of the potential risks and consequences of failing to comply with applicable laws
V. Know how to develop internal policies to ensure compliance
Prior to joining McDonald’s, Mr. Fergemann was a partner in Winston & Strawn’s advertising, marketing, and privacy law group. While at Winston & Strawn, he counseled major national consumer product companies and retailers and their advertising and promotion agencies on a wide range of advertising, marketing, social media, e-commerce, and general intellectual property issues.
In addition, Mr. Fergemann represented clients in connection with governmental investigations by the Federal Trade Commission and various state attorneys general involving allegations of false advertising and deceptive or unfair business practices, and represented numerous clients before the National Advertising Division (NAD) of the Council of Better Business Bureaus.
Mr. Fergemann received a B.A., cum laude, from Michigan State University in 1996 and a J.D. from the University of Virginia School of Law in 1999, where he was on the editorial board of the Virginia Journal of International Law.
Great instructor, very clear explanations.
Brian did an excellent job. Very well-organized and informative.
I loved this presentation. Extremely informative.
I knew little about FTC and find this very meaningful.
Very practical insights on restrictions at both federal and state level for clients that advertise.
Very knowledgable on the subject- having practiced some in this area, I was unaware of some of these considerations under the FTC, although state laws differ
Very clear presenter with useful caselaw examples.
Very clear & informative.
Would love to see more examples of violations. They give true color to the rules and regulations. Excellent presentation.
Excellent preparation for a more advanced course.
I never look at an ad the same way again !!!!!! Macy's Bloomingdale's and Saks watch out Thanks for making me see things differently.
Excellent presentation and materials. Good examples and not bogged down by just citing cases.
This was very enlightening!
Excellent Course & Great Speaker!
GOOD COURSE - with specifics!!!
Very interesting presentation.
This guy is one of your stars!
Informative, well presented. Good materials.
Well organized presentation
This was an interesting course.
Great presenter and topic.
THE PRESENTATION WAS INFORMATIVE
I really enjoyed this, it was an area of law I never appreciated until this lecture. Very informative.
Very informational about how important language of terms is in advertisements.
One of your best programs
very interesting and informative.
very direct and on point