Consumer Protection

Lesli draws on deep experience in government and private practice, as well as first-hand experience driving strategy inside global businesses, to develop comprehensive and actionable solutions in the full range of consumer protection matters. She advocates for clients in investigations conducted by the Federal Trade Commission (FTC); National Advertising Division (NAD), Consumer Financial Protection Bureau (CFPB), legislative bodies, and state agencies across the country on the full spectrum of consumer protection issues. She has an impeccable record of defeating class certification and defending companies in class actions across the country, as well as achieving successful results in competitor litigation. In addition, she guides some of the world’s most prominent consumer brands through the complex compliance and regulatory challenges presented by their most innovative and ambitious strategies.

Her expertise stretches across the full range of consumer protection issues. In the field of advertising, she has extensive experience with the FTC Act, Lanham Act, state Unfair and Deceptive Acts and Practices (UDAP) laws, claim substantiation, disclosures, reviews, endorsements, sweepstakes and promotions, and challenging competitor claims. Specific to social media, Lesli works with brands, agencies, and influencers to establish social media advertising compliance programs, conduct training and establish appropriate monitoring mechanisms, in addition to advising on influencer agreements. She also represents clients in telemarketing, text messaging, email marketing, and other direct marketing matters, warranty and consumer disclosure matters, subscriptions and automatic renewals, and unfair or deceptive trade practices matters, under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Magnuson-Moss Act, and other federal and state laws. Lesli’s practice also includes representing consumer goods clients in matters related to product labeling and packaging, including advising clients on implied and express claims, the Green Guides, “Made in the USA,” fiber content, and other labeling claims and requirements. In addition, Lesli represents clients in matters related to federal and state privacy laws, including the Children’s Online Privacy Protection Act (COPPA), the FTC Act, and consumer credit and debt collection laws, as well as investigations related to data breaches.

Antitrust

Lesli’s expertise includes the full spectrum of antitrust issues associated with business activities, including competitor collaborations, exclusive agreements, potential tying issues, use of competitive information, retail transaction data usage, dual distribution, and issues specific to entities with monopoly power. Vital to every business, Lesli works with her clients to manage a host of complex pricing issues, including resale price maintenance, minimum advertised pricing policies, price increases, Robinson-Patman Act, and vertical pricing policies. As the global pandemic has evolved, Lesli has helped clients avoid various antitrust landmines when navigating supply chain disruptions.

In addition to advising clients on complex regulatory and compliance issues, Lesli has achieved favorable results for Fortune 500 companies in antitrust government investigations conducted by the FTC, US Department of Justice (DOJ), and states attorneys general. She has obtained dismissal or favorable settlements in class actions and competitor litigation in federal and state courts across the country involving claims under the Sherman Act (Sections 1 and 2), state antitrust laws and related business torts. She has represented Fortune 500 companies in merger control matters before the FTC and DOJ, and coordinates merger control filings and approvals in jurisdictions around the world.

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Complex Litigation

• On behalf of a major manufacturer of household products, achieved full dismissal at summary judgement of all federal and state law claims in litigation involving claims of abuse of monopoly power and deceptive advertising practices
• On behalf of leading financial services company, achieved full dismissal at summary judgement of $800 million False Claims Act case
• Achieved successful resolution of federal court matter alleging violation of federal antitrust laws and RICO, on behalf of leading consumer products company

Compliance

• Representing a multinational company in connection with the successful launch of a national advertising campaign centered on comparative claims, including analyzing proposed claims and working closely with the client to ensure appropriate substantiation, coordinating compliance of related social media efforts, and advising on related issues
• Antitrust and consumer protection counsel for leading global consumer goods manufacturer, partnering with client to ensure business practices are compliant while enabling the company to be as competitive as possible, including advising on antitrust and consumer protection compliance issues implicated by business practices, advising company on claim substantiation matters (including comparative claims, health, safety, and other claims), and representing company in NAD and other agency proceedings
• Antitrust counsel for leading pharmaceutical company, including advising company on multiple competitor collaborations and related business practices, representing them in related negotiations, conducting employee training, and partnering with the client throughout the collaborations to ensure compliance

Government Investigations

• Successfully closed years-long, extensive DOJ price fixing investigation with no further action in matter where client, a multinational Fortune 100 consumer goods company, was alleged to be the hub of a multinational hub-and-spoke price-fixing conspiracy
• Represented a globally known celebrity, and associated businesses, in connection with FTC investigations into social media marketing practices and developed and implemented social media advertising compliance program and negotiation of influencer agreements
• Successfully resolved FTC investigation into advertising and marketing practices of leading luxury good company

Merger Control

• Represented leading global manufacturer in largest joint venture in the history of the industry, achieving approval from all jurisdictions
• Represented private equity company in bid to Federal Trade Commission for approval of purchase of forced divestiture of assets
• Represented a Europe-based technology company in global merger control matters related to multiple acquisitions of smaller competitors

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