San Francisco Bay Chapter

ACC February CLE Program Sponsored by Crowell & Moring LLP: “Consumer Protection and What Obama’s 2nd Term Means to Your Business (Including Advertising; Data/Privacy Protection; Product Safety & more)” (Palo Alto)


Garden Court Hotel
520 Cowper Street
Palo Alto, CA 94303

Valet parking available.

Questions? Contact Support at (510) 226-7800

With the re-election of President Obama, we can expect the government to continue to add to the current page count of 17,000. Join us to learn how recent developments as well as forthcoming regulation will impact your business. Crowell & Moring’s Washington, D.C.-based Advertising and Product Risk Management attorneys, who include former agency officials at the FDA and CPSC and lawyers practicing before other key agencies, like the FTC, will comment on key areas of regulatory activity in the area of consumer protection including:

•   the publication of the Federal Trade Commission’s (FTC’s) Green Guides on substantiation of environmental claims;

•   the FTC’s 2012 Privacy Report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers,” which outlines the FTC’s views on best practices for consumer data collection;

•   the FTC in 2013 and what enforcement will mean for your business

•   the Food and Drug Administration’s (FDA’s) sweeping new regulations under the 2011 Food Safety Modernization Act (FSMA);

•   the Consumer Product Safety Commission’s (CPSC’s) public database and  requirements for testing and certification of  consumer products which become effective in February 2013; and

•   the new rules on the Children’s Online Privacy Protection Act (COPPA)


Bridget E. Calhoun is a partner in the firm's Washington, D.C. office where she concentrates on advertising, consumer protection, and product safety issues and antitrust law. She has recently been named a "Rising Star" in Product Liability by Law360 and a Top Washington Lawyer "Young Gun" by the Washington Business Journal. As co-chair of the Advertising & Product Risk Management Group, Bridget handles "bet-the-company" government investigations and regulatory enforcement matters for her clients in the areas of advertising, consumer protection, and consumer product safety. Bridget's advertising and consumer protection practice includes compliance counseling in the areas of claims substantiation, comparative claims, social media marketing, environmental marketing claims, warranties, and other marketing practices. In addition, she provides strategic advice to clients to respond to false and deceptive competitor advertising claims including representing clients both offensively and defensively at the National Advertising Division (NAD) of the Council of Better Business Bureaus.  Bridget regularly defends companies before the Federal Trade Commission (FTC) on a wide range of advertising, marketing and privacy investigations.

Christopher Cole
is the co-chair of Crowell & Moring's Advertising & Product Risk Management Group in the Washington, D.C. office. Chris practices complex commercial litigation and regularly advises regarding the development, substantiation, approval, and defense of advertising campaigns. He frequently represents companies that have complex product development, reputational, and marketing concerns that require overlapping and multifaceted solutions, not only in court, but also before federal regulatory agencies. In this work, he has represented some of the world's leading companies in industries such as food and beverages, media and telecommunications, and consumer products. Chambers USA, which rates firms and lawyers, ranks Chris among the top eight false advertising litigators nationwide, and quotes clients who have described him as "outstanding – very responsive and hard-working." The Legal 500 describes Chris as having "a reputation and a level of knowledge that is second to none." Chris also regularly appears before the National Advertising Division (NAD), where he has achieved some of the most notable results for his clients in that forum over the last decade. Chris has successfully litigated many other types of cases, including patent, copyright, unfair competition, consumer class actions, general commercial litigation, and government enforcement proceedings.

Cheryl A. Falvey is a partner in Crowell & Moring LLP's Washington, D.C. office. She provides litigation and counseling services, with a focus on consumer protection matters, including product safety, privacy, sweepstakes, promotions, and advertising. Ms. Falvey specializes in the defense of consumer class action, toxic tort, mass tort, and other tort claims arising out of consumer, occupational, and environmental exposures, as well as trade secret, intellectual property, and other technology litigation, representing clients in the food and beverage, consumer product, technology, energy and chemical industry sectors.  In her counseling practice, Ms. Falvey helps clients protect their brand and reputation, avoid liability in the marketing of their products, build safety into their products with science-based risk assessment, and successfully navigate product safety challenges with rapid response. She counsels clients on compliance with statutes and regulations enforced by the Consumer Product Safety Commission (CPSC), Food and Drug Administration (FDA), National Highway Traffic Safety Administration (NHTSA) and the Federal Trade Commission (FTC). She has extensive experience handling product recalls conducted in cooperation with NHTSA, CPSC and FDA, as well as defending clients in agency enforcement actions and advising manufacturers faced with the potential release of unfair an inaccurate information by the CPSC under FOIA. She has advised clients regarding piracy and counterfeit goods, as well as allegations of product hazards caused by knockoffs. She also counsels clients on the sale and marketing of consumer products on the Internet, including compliance with the Children's Online Privacy Protection Act (COPPA), the FTC's Green Guides, state and federal privacy laws, and the statutory and common law rules regarding sweepstakes, online promotional and advertising activities, and charitable raffles.

John Fuson is a partner in the firm's Health Care, Product Risk Management and White Collar and Regulatory Enforcement groups, specializing in U.S. Food and Drug Administration (FDA) enforcement and counseling matters. Before joining Crowell & Moring, John served as associate chief counsel at the FDA, with broad law enforcement responsibilities, from 2007-2012. John has experience handling all types of major enforcement actions brought by the FDA, including seizure actions, injunction actions, actions for civil money penalties, and contempt actions. His cases have involved drugs, devices, food, and veterinary drugs. In the medical device field, he oversaw litigation seeking civil monetary penalties for unlawful distribution of unapproved devices, worked on recall issues, and developed enforcement strategies against device manufactures, including the manufacturer of faulty test strips for infectious disease screening. In the drug arena, he oversaw injunction actions to prevent the manufacture of unapproved new drugs, developed agency enforcement strategies against distributors who compound bulk ingredients into unapproved new drugs, and oversaw suits against companies that failed to comply with good manufacturing practice regulations. He also defended litigation challenging the scope of warning labels for a class of drugs and the approval of generic drugs under the Hatch-Waxman Act. In the food sector, he oversaw a seizure of contaminated cheese linked to an e. coli outbreak and a subsequent injunction against the manufacturer, oversaw an injunction against a produce grower for failure to control harmful bacteria in its manufacturing facility, oversaw injunction actions against seafood distributors for failure to implement appropriate food safety plans, worked with agency experts to develop an enforcement strategy against a beverage manufacturer that failed to control for lead and other unlawful food additives in its products, and assisted in defense of a Federal Tort Claims Act case brought by tomato growers after the agency cited tomatoes as a potential source of a nationwide salmonella outbreak.

Driving Directions


Credits: 1 Hour (General)
State: California
Category: General


Phone: 510.226.7800


Members: ACC Members: FREE
Non-members: Non-Members: $50 (Registration fee will be reimbursed if attendee joins ACC within 30 days of the event.)

Sponsored By:

Crowell & Moring LLP

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