Prior Work Experience

Representative Experience

• Defending a lighting manufacturing company and its principals in an FTC enforcement action filed in the United States District Court for the Central District of California alleging that the company’s LED light technology packaging contains representations that violate Section 5 of the FTC Act. The case is significant in that the principals of the manufacturer successfully moved to dismiss the FTC claims for failure to satisfy the pleading requirements of Federal Rule of Civil Procedure 9(b), which the Court ruled is applicable to Section 5 deception cases filed by the FTC.
  
• Assisted a marketer to resolve an FTC civil enforcement action filed in the United States District Court for the Central District of California involving alleged violations of the CAN-SPAM Act and Section 5 of the FTC Act for allegedly transmitting over a 40-day period more than 5.5 million text message advertisements leading consumers to a private website that appeared to be a government web address.
  
• Represented an Internet appliance retailer in an FTC administrative action filed against the company related to the company’s alleged failure to display Federal Energy Guides for certain appliance products offered for sale on the company’s website. This action was one of a group of recently filed cases related to the alleged failure to display Energy Guides.
  
• Obtained a temporary restraining order in a California state court action enjoining the defendant from withholding funds due to client under a debt settlement servicing agreement.
  
• Defended a debt settlement company in a state court action based on an alleged violation of a servicing agreement exclusivity clause.
  
• Brought a declaratory relief action on behalf of an Internet marketing company against the Federal Trade Commission in federal court in Washington, D.C. challenging the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  
• Defended an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the Northern District of California alleging that the company’s Internet cross-marketing campaign violated Section 5 of the FTC Act. This case is one of the first brought by the FTC challenging the use of pre-checked, cross-marketing Internet offers. In defense of the case, the company has challenged the authority of the FTC to seek monetary relief under Section 13(b) of the FTC Act.
  
• Represented an Internet marketing company and one of its principals in an FTC enforcement action filed in the United States District Court for the District of Oregon alleging that the clients’ on-line shopping club and marketing violated Section 5 of the FTC Act. This case is among the first FTC enforcement actions challenging the legitimacy of on-line shopping clubs and the marketing of such clubs.
  

Publications/Speeches

• Author, Recent Lawsuits "Shine the Light" on California Consumer Protection Law (January 2012)
• Speaker, Consumer Financial Protection Agency Update, Pillars of Excellence Summit (January 20, 2012)
• Author, Forecasting the Path of the Consumer Financial Protection Bureau (December 2011)
• Author, How Does the Senate Vote Affect the CFPB? (December 2011)
• Speaker, 15th Annual ABA National Institute on Class Actions, New Kid on the Block – The Consumer Financial Protection Bureau: What Is It, How Will It Work, and How Will It Affect Us?, New York, New York (October 14, 2011)
• Author, California Amends Its Security Breach Law and German Privacy Agency Limits Social Media Marketing by Businesses (September 2011)
• Speaker, Evolution 2011 Debt Relief Conference (August 21-23, 2011)
• Speaker, Advanced Media and Technology Webinar Series - The Latest Legal Developments in Privacy, Data Collection and Security (June 16, 2011)
more

Media Mentions

• Light Bulb Co. Wants FTC Sanctioned In False Ad Suit By Bibeka Shrestha, Law360
• Advance-fee Ban a Nightmare for Tax Debt Relief Industry, According to Independent Web Site easy IRS.com SFGate.com

Affiliations

• Former NASD-licensed Registered Representative and General Securities Supervisor

Distinctions

• Highest "AV Preeminent (5 out of 5)" Professional Rating, Martindale-Hubbell Law Directory
• Director, American Corporate Counsel Association, Los Angeles Chapter (1998-2000)
• Director, Region Coach and Assistant Commissioner, American Youth Soccer Organization, Region 214 (2000-2005)
• Director and Auxiliary Director, South Pasadena Education Foundation (1997-2006)