Noted New York philosopher and baseball player, Yogi Berra, once said, “Nobody comes here anymore; it’s too crowded.” Trends come and go; what’s “hot” one year might be cold the next. The same holds true in the advertising law world—scrutinized industries, types of cases, and legal issues tend to rise and fall in waves, with the plaintiffs’ bar often piggybacking off of regulatory investigations or actions.
Join Venable LLP Advertising and Marketing Law and Litigation Partner, Daniel S. Blynn, as he recaps the hot legislative, regulatory, and litigation trends that advertisers, marketers, and manufacturers faced in 2017, provides his thoughts on where things are going in 2018, and offers some “best practices” to help you stay out of the legislative, regulatory, and litigation spotlight.
A member of Venable's national Advertising and Marketing Practice, Dan Blynn focuses his practice on false advertising litigation and complex consumer class actions in both federal and state courts. He also represents clients in advertising substantiation investigations and inquiries from the Federal Trade Commission (FTC) and state Attorneys General, and provides counseling on a variety of advertising and telemarketing-related matters.
Mr. Blynn has represented a wide range of clients including trade associations, Fortune 100 companies, a national fast-food chain, numerous dietary supplement companies, energy companies, home security companies, and a number of other large and small businesses in false advertising litigation brought under the FTC Act, Lanham Act, and state consumer protection laws. He also defends putative consumer class actions seeking certification of nationwide and statewide classes. Additionally, Mr. Blynn has significant experience with electronic discovery and has successfully argued in favor of narrowing of civil discovery and investigative demands from regulators.
Mr. Blynn also provides ongoing counsel regarding advertising substantiation; native advertising and "green" marketing issues; "Made in USA," "up to" and other types of claims; disclosures in new media; third-party consumer, celebrity and expert endorsements; compliance and related issues under the Telemarketing Sales Rule (TSR), Telephone Consumer Protection Act (TCPA), and state telemarketing laws; and telephone call monitoring and recording practices. In addition, Mr. Blynn has represented companies in Terminated Merchant File/MATCH list matters.
In addition, Mr. Blynn has served as a vice-chair of the American Bar Association's (ABA) Consumer Protection Committee since 2013, and served in the same capacity on the ABA's Advertising Disputes & Litigation Committee for several years before that. Mr. Blynn also served on the Editorial Board for the TCPA Law Reporter, which summarized recent articles, briefs, court decisions, and FCC petitions and rulings relating to the Telephone Consumer Protection Act.
Fascinating, timely and topical
Very knowledgable thank you
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