Practice/Organization Description
Richard B. Newman is a nationally recognized FTC defense lawyer, FTC CID attorney and advertising compliance lawyer. He regularly provides advertising counsel and represents clients in high-profile investigations - Civil Investigative Demands and subpoenas) and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices.
Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements.
Richard’s comprehensive understanding of the unique business operations of Internet marketers and related regulatory risks provide a solid foundation for his ability to ensure that marketing practices satisfy regulatory expectations and to secure optimal results for clients in high-stakes litigation matters involving cutting-edge issues of law. He represents marketers, advertisers, media and Internet companies, many of which have been ranked on Inc. Magazine’s Annual 500/5000 List.
As a result of his demonstrated and distinguished subject matter expertise in the field of FTC advertising compliance, investigations and defense, Richard has been selected to assume authorship of the Consumer Protection Section of the American Lawyer Media International Federal Trade Commission: Law, Practice and Procedure Treatise, a comprehensive resource of developments of concern to advertisers, marketers and legal professionals that practice before the Commission. His contributions feature detailed analyses of emerging legal regulatory issues pertaining to advertising and marketing compliance, civil investigative demands (CIDs), judicial litigation and administrative enforcement actions, high-visibility state and federal investigations, rulemaking and policy, civil penalties and consumer redress, legislative updates, evolving guidelines and regulations of unfairness and deception, data privacy in designated market sectors, telemarketing regulations and case law developments.
Richard's extensive experience effectively resolving aggressive regulatory investigations and enforcement actions, and breadth of knowledge advising clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising, has resulted in him being regularly called upon by national and international media outlets to share his knowledge of the advertising and marketing industry.
He is a member of the Performance Marketing Association and the International Association of Privacy Professionals, and is regularly asked to present legal education courses on advertising, marketing and tech-related issues.
Richard has been interviewed and featured by BBC World News, The Chicago Tribune, Communications Daily, The Daily Journal, Digital Business Lawyer, Inside Edition, Law360, Leading Internet Case Law, MSN, The National Law Journal, New York Magazine, Privacy Law Bulletin, The Wall Street Journal and The Washington Times.
Richard possesses an unparalleled grasp of the digital marketing regulatory landscape that enables him to anticipate legal developments, policy shifts and industry challenges before they impact his clients. He is a formidable advocate in litigation and an effective consensus builder when swift action or settlement is the preferred course of action.
Richard is an indispensable resource and trusted advisor to his clients on issues relating to Internet law, media, and technology. When representing clients, Richard’s goals are zealous advocacy and results.
Bar Admissions:
California
District of Columbia
Nevada
New York
Court Admissions
Northern District of California
Southern District of California
Central District of California
District of Nevada
Southern District of New York
United States Court of Appeals for the Federal Circuit