Represented digital advertising network and its principal in an FTC investigation into affiliate marketing based on alleged violations of Sections 5(a) and 12 of the FTC Act that resulted in a novel stipulated final judgment where the FTC agreed to a knowledge standard concerning potential misrepresentations made by third parties on the client’s network that took into account the business realities of online marketing. Loeb also represented the company in a related Florida attorney general’s investigation and consent decree. No admission of liability was made in either matter. In addition, we provided regulatory advice regarding future compliance.
