Green Lights & Red Flags: FTC Rules of the Road for Business

SPEAKER BIOS

Introductory Remarks

Daniel Kaufman is the Deputy Director for the FTC’s Bureau of Consumer Protection, where he assists in overseeing all Bureau matters involving privacy, data security, and financial and marketing practices. Daniel joined the FTC in 1998 as a staff attorney in the Division of Advertising Practices, litigating cases that challenged unsubstantiated health and disease claims. From 2005-2008, he served as an Attorney-Advisor to former FTC Chairman Deborah Platt Majoras, then served as the Bureau’s Chief of Staff from 2008-2011. Before joining the Commission, Daniel spent four years as a litigator in New York City.

Opening Remarks

Christopher Carr is Georgia's 54th Attorney General. Since taking office in 2016, he has made it a priority to combat opioid misuse, gang violence, human trafficking, elder abuse, and consumer fraud. As part of that effort, he established and leads the Statewide Opioid Task Force and the Georgia Anti-Gang Network. He also created the Georgia Consumer Protection Guide for Older Adults to help protect older, at-risk adults from scams. From November 2013 to November 2016, Attorney General Carr served as Commissioner of the Georgia Department of Economic Development, the agency responsible for creating jobs and investment in Georgia through business recruitment, retention and expansion, and international trade and tourism. During his tenure, Georgia was recognized as the top state in the nation in which to do business for three consecutive years.

Panel 1: The Truth About False Advertising

Melissa Devine is an Assistant Attorney General with the Georgia Department of Law Consumer Protection Division, which is responsible for protecting consumers and businesses from unlawful, deceptive, and unfair practices in the marketplace. From 2010-2016, she was a trial attorney with the U.S. Department of Justice, where her areas of practice included international trade and government contract litigation before the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of International Trade, and the U.S. Court of Federal Claims. Melissa also served as a law clerk to the Hon. Donald C. Pogue of the U.S. Court of International Trade, 2008-2010, and a briefing attorney to the Hon. Nathan L. Hecht of the Supreme Court of Texas, 2007-2008.

Lesley Fair has served more than 30 years with the FTC’s Bureau of Consumer Protection and has received the agency’s Lifetime Achievement Award. After two decades as a litigator with the Division of Advertising Practices, she now specializes in industry outreach with the Division of Consumer & Business Education. She also serves as the agency’s business blogger at business.ftc.gov, cited by ABA Journal as one of the Best Law Blogs of 2018. From 2000 to 2015, Lesley was a Vice-Chair of the American Bar Association Section of Antitrust Law’s Consumer Protection Committee. A Distinguished Lecturer on the faculty of the Catholic University School of Law since 1984, she also teaches Consumer Protection Law at the George Washington University Law School.

Panel 2: Avoiding a Promotion Commotion

Anna Burns is the Assistant Regional Director of the FTC’s Southeast Regional Office. She oversees law enforcement actions involving a variety of consumer protection issues, including online privacy, false and deceptive advertising, and telemarketing and online fraud. Anna also regularly speaks to business and consumer groups about consumer protection topics including consumer fraud, identity theft, online privacy, and credit issues. Before joining the FTC, Anna was a litigator with Thompson Hine LLP, where her practice centered on false advertising, breach of consumer protection statutes, unfair competition, and trade secrets claims.

Anne Infinger, as Deputy Attorney General, directs the Georgia Attorney General’s Consumer Protection Division, which enforces Georgia’s Fair Business Practices Act and other consumer-related laws. Before joining the Department of Law, Anne was a partner at the Atlanta firm of Arnall Golden Gregory LLP, where she litigated numerous cases in federal and state court. In 2001, she joined the Governor’s Office of Consumer Protection, becoming Deputy Director in 2006. During her years at that office, she was actively involved on the executive committees of a number of multi-state investigations. She joined the Department of Law in July 2015 when the Consumer Protection Division transferred to the Attorney General’s Office.

Danica Kombol is the CEO of Everywhere Agency, of Atlanta, specializing in social media and influencer marketing. In 2018, she received the Atlanta Business Chronicle’s Women Who Mean Business Award and, in 2019, she was named Marketer of the Year by the Atlanta Chapter of the American Marketing Association. Danica began her career at Sesame Workshop, where she was involved in the international versions of Sesame Street. She went on to become a successful television producer, working on shows including Saturday Night Live and Kids in the Hall, and the VH1 network. She’s also chair of the board of the Influencer Marketing Association, the industry non-profit dedicated to protecting the ethics of influencer marketing. Danica blogs about influencer marketing trends at Forbes.com. She’s a frequent speaker at social media conferences and global forums.

Lauren Villnow is an Assistant Attorney General with the Georgia Department of Law, Consumer Protection Division. She has been practicing consumer protection law for the State of Georgia since 2011, focusing on the auto industry’s advertising and sales practices. As part of that role, Lauren has, among other things, participated in compliance and educational efforts and represented Georgia in auto-related multi-state investigations.

Panel 3: The Secure Entrepreneur

Mitzi Hill is the chair of Taylor English’s Data Security & Privacy Department in Atlanta. She works with executive management from businesses of all sizes on data and information matters including breach response; creating policies and practices that reduce their risk of consumer privacy claims; security and privacy requirements in customer, vendor, and insurance contracts; and diligence of privacy and security matters in the M&A context. Her experience includes fifteen years in-house at Turner Broadcasting, where she oversaw compliance with multiple regulatory schemes. Mitzi writes and speaks frequently on data security and breach issues, including for financial and other professionals.

Tyler Jones, after almost 15 years working in corporate Information Technology in Atlanta, left his role as Vice President of Service Operations with a national payroll provider in 2011 to start Carmichael Consulting Solutions, LLC. His intent was to take everything he had learned about security and technology, and make it affordable and approachable for small- and medium-sized businesses. Tyler is ITIL certified in Service Management, a Certified Support Manager with SSPA and SCP, a Clio Certified Consultant, a Dropbox for Business partner, and an Apple Certified Support Professional. You may have heard him on News Radio WGST as the host of Random Access from 1998 through 2003, or seen him on the DIY network showing people how to build a PC.

Ilunga L. Kalala is Privacy Counsel for Turner Broadcasting System, Inc., where he provides guidance about compliance with United States’ and international advertising, privacy, and information security laws, regulations, and industry best practices. Ilunga also serves as a Vice Chair of the Consumer Protection Committee in the American Bar Association Section of Antitrust Law, where he is Editor for the Committee’s What’s In Store newsletter. Ilunga is qualified as a Certified Information Privacy Professional for the United States (CIPP/US) and a Certified Information Privacy Manager (CIPM) by the International Association of Privacy Professionals. He is also qualified as a Healthcare Information Security and Privacy Practitioner (HCISPP) by the International Information System Security Certification Consortium.

Cindy Liebes is the Regional Director for the FTC’s Southeast Regional Office in Atlanta, where she is responsible for supervising law enforcement actions alleging unfair and deceptive trade practices. She also regularly conducts seminars and outreach presentations to business and consumer groups, and has appeared on numerous television and radio broadcasts to discuss consumer protection issues. Cindy joined the FTC in 1986 in the agency’s Division of Financial Practices. She subsequently transferred to Atlanta as a staff attorney and has been a regional manager for the past 20 years. Cindy also served as a Special Assistant United States Attorney for both the Eastern District of Tennessee and the Northern District of Georgia. She received the Department of Justice’s John Marshall Award in recognition of her criminal litigation efforts, and twice received the FTC’s Award for Excellence in Supervision.

Lara Tumeh is an associate in the Litigation & Trial Practice Group of Alston & Bird LLP in Atlanta, and a member of the Privacy & Data Security Team and the Antitrust Team. A CIPP/US-certified professional, Lara focuses her practice on data security and information policy. Prior to entering private practice, Lara clerked for the Hon. Scott Matheson, Jr., of the U.S. Court of Appeals for the Tenth Circuit and the Hon. Robert Dow, Jr., of the U.S. District Court for the Northern District of Illinois.

Networking Lunch and a Conversation with FTC Commissioner Chopra

Mark E. Budnitz, professor emeritus at Georgia State College of Law, specializes in consumer protection, with a particular interest in electronic payment systems. He has published over 30 articles, authored books, and contributed chapters on payment systems, credit reporting, bankruptcy, and other topics. In 2005, he received the College’s Award for Outstanding Faculty Scholarship. Professor Budnitz is a member of the American Law Institute, on the board of directors of the National Consumer Law Center, and a member of the Advisory Committee of the Atlanta Legal Aid Society. He speaks regularly to academics and legal professionals about payment systems and the consumer protection and regulatory issues they engender.

Rohit Chopra was sworn in as a Federal Trade Commissioner on May 2, 2018. During his tenure at the FTC, he has pushed for aggressive remedies against lawbreaking companies, especially repeat offenders, and has worked to reverse the FTC’s reliance on no-money, no-fault settlements. Commissioner Chopra previously served as Assistant Director of the Consumer Financial Protection Bureau, overseeing the agency’s student loan agenda. He led efforts to spur competition in the student loan financing market, develop new tools for student loan borrowers to make smarter decisions, and secure refunds for borrowers victimized by unlawful financial practitioners. Commissioner Chopra also has served as a Senior Fellow at the Consumer Federation of America, Visiting Fellow at the Roosevelt Institute, and Special Adviser to the Secretary of Education.

Panel 4: Competition Counts: The Basics of Antitrust Law

William Dillon chairs the Antitrust Law Section of the State Bar of Georgia and is a partner at Taylor English Duma LLP, Atlanta. With more than 30 years of experience, his practice centers on white collar, antitrust, and healthcare fraud defense. Earlier in his career, Bill served as a senior trial attorney for the Antitrust Division of the U.S. Department of Justice, where he supervised investigative teams across the globe in matters affecting global markets. His work has garnered high honors, including serving as Chairman of the State Bar of Georgia’s Antitrust Section, 2018, and the Attorney General’s Award for Distinguished Service, 2009. Bill’s articles are widely published and he is a frequent presenter at prominent national and international legal forums.

Lindsay Sklar Johnson is an associate with Bryan Cave Leighton Paisner LLP in Atlanta, practicing primarily with the Antitrust and Competition Practice Group. She handles a variety of antitrust litigation, including representing corporate plaintiffs who choose to opt-out of class actions to separately pursue antitrust recovery. Lindsay also represents corporate defendants in antitrust cases. She regularly counsels corporate clients about antitrust concerns and assists clients with their antitrust training and compliance. Lindsay is the current Vice Chair of the Antitrust Section of the Georgia Bar.

Kelly Signs is a Deputy Assistant Director in the FTC’s Bureau of Competition, which enforces the nation’s antitrust laws. Kelly works in the Bureau’s Office of Policy & Coordination, focusing on speeches, testimony, reports, advisory opinions, and briefing papers. She came to the FTC from law school in 1985, then left to work first for the Subcommittee on Antitrust, Monopolies, and Business Rights in the U.S. Senate, and then as a staff attorney at the Antitrust Division of the U.S. Department of Justice. Kelly returned to the FTC in 2007, and has helped develop the FTC’s plain language business guidance, such as the Guide to the Antitrust Laws, and the FTC’s Competition Matters blog.

Panel 5: When Your Competitor Crosses the Line

Russell Blythe is a partner in King & Spalding’s Intellectual Property, Patent, Trademark and Copyright Litigation practice in Atlanta. His practice includes a wide range of intellectual property, unfair competition, and false advertising disputes centered in federal courts across the United States. Russell also represents clients with matters before the National Advertising Division of the Better Business Bureau and regularly consults on the appropriate substantiation of advertising claims. Super Lawyers and Atlanta Magazine have named Russell a Georgia Rising Star in Intellectual Property Litigation, and he currently serves on Georgia Tech’s IP Advisory Board.

Brian Catania is President and CEO of the Better Business Bureau of Metro Atlanta, responsible for effectively conducting the BBB’s affairs and promoting and maintaining a positive relationship between businesses and the public through education, dispute resolution, and voluntary self-regulation. Named to the post in April 2018, he has championed the BBB’s mission of building marketplace trust in the evolving digital environment. Before joining the BBB, Brian spent 18 years with AT&T, where he held roles serving Sales & Marketing, Operations, M&A, Information Technology, and Big Data. Brian is a transformational leader whose focus is promoting collaboration and trust between businesses and consumers.

Seena Gressin is an attorney in the FTC’s Division of Consumer & Business Education, where her work focuses on consumer and business outreach in the areas of identity theft and consumer fraud. During her years at the FTC, Seena also has successfully litigated numerous cases involving deceptive debt collection practices, imposter scams, and telemarketing and business opportunity fraud. Her cases have returned more than $4 million to injured consumers.

Martin Zwerling is the Deputy Director of the National Advertising Division (NAD) of the BBB National Programs, Inc., home of the advertising industry's self-regulatory and dispute resolution programs. Martin joined NAD in September 2000 and is responsible for the review of a broad range of national advertising campaigns in traditional and new media, and advertising claim substantiation. He has successfully resolved disputes relating to the advertising of drug and health aid products, telecommunications, social media and influencer advertising, dietary supplements, infant products, pet care products, financial services and consumer household products, and has successfully argued before the National Advertising Review Board. Martin is a popular speaker and lecturer at conferences and workshops on advertising claim substantiation and the NAD self-regulatory process. Prior to joining the NAD, Martin served as a Senior Court Attorney with the New York State Supreme Court, Appellate Division. Martin’s professional advertising credentials include positions at such top New York advertising agencies as Grey Advertising and Bozell, Inc. Martin also served as Advertising and Promotions Director for RKO/Warner Video, where he created and implemented award-winning advertising and promotional campaigns in conjunction with such studios as CBS-Fox, Warner, MGM/UA, and HBO.

Panel 6: Integrity and Civility in Litigation

The Hon. Sara L. Doyle was first elected to the Georgia Court of Appeals in December 2008. From 2015 to 2017, she served as the Court’s Chief Judge, and was instrumental in implementing an historic jurisdiction shift of cases from the Supreme Court and the addition of a new fifth division adding three more judges to the Court. Judge Doyle began her legal career as a civil litigator in 1994. Just prior to taking office, she was an equity partner with Holland & Knight, LLP, where her practice focused on education issues. Judge Doyle is on the faculty of the Emory University Law School Trial Advocacy and Professionalism programs. She also is involved in many professional, civic, and religious organizations, including the State Bar of Georgia, the Judicial Council of Georgia, the American Bar Association, the Atlanta Bar Association, and the National Association of Women Judges. Born in Dallas, Texas, Judge Doyle is a graduate of the University of Florida and Mercer University’s Walter F. George School of Law.

Harold Kirtz is a Senior Litigator with the FTC’s Southeast Regional Office in Atlanta. He joined the agency in 1974 in Washington, D.C., where he worked primarily on merger litigation and was named Assistant to the Director of the Bureau of Competition. In 1978, Harold moved to the Southeast Regional Office, where he variously served as Assistant Regional Director and Regional Director for 19 years, working on both antitrust and consumer protection matters. Since 2000, he has worked almost exclusively on litigating consumer fraud cases. In 2010, Harold received the Bureau of Consumer Protection’s Director’s Award and, in 2012, he received the FTC’s Lifetime Achievement Award.

The Hon. Catherine M. Salinas has been a United States Magistrate Judge in the Northern District of Georgia since 2015. A graduate of Emory University and the University of Texas School of Law, she began her legal career in 1994 at Texas Rural Legal Aid on the Mexican border. Judge Salinas returned to Atlanta in 1999 and worked as a staff attorney at the Eleventh Circuit Court of Appeals, a Fulton County Public Defender, and then as a law clerk to Senior United States District Judge Willis B. Hunt, Jr. She then joined the national law firm Carlton Fields, where she worked for ten years as a commercial litigator. Judge Salinas is a past president of the Atlanta Legal Aid Society and currently serves as the Vice Chair of the Access to Justice Committee of the State Bar of Georgia. As part of her State Bar work, Judge Salinas is promoting the DueJusticeDo50 campaign, encouraging all Georgia lawyers to do at least fifty hours of pro bono legal work each year.