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Defense of Digital Advertising Network In Regulator Investigations

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.