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Social Media Enforcement: FDA, FTC, and National Advertising Division Case Studies and Practical Advice


Product Code - LGN192
Speaker(s): Paul D. Rubin, Ropes & Gray LLP; Megan R. Baca, Ropes & Gray LLP
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As social media becomes an increasingly important marketing strategy for consumer-facing companies, including technology, life sciences, media, entertainment, and consumer products companies, the Food and Drug Administration (FDA), Federal Trade Commission (FTC), and National Advertising Division of the Better Business Bureau (NAD) have heightened their focus on marketing activities conducted by companies through social media platforms.

The faculty for this program will review a sampling of social media enforcement actions and provide practical advice for handling an investigation or enforcement action from regulatory, corporate technology, and intellectual property perspectives.

Educational Objectives:

• Become familiar with recent regulatory enforcement trends regarding company activity on social media.
• Understand key considerations for implementing and enforcing a social media policy.
• Learn practical tips for handling an investigation or enforcement action.

Who would most benefit from attending this program?

Practitioners with clients in industries relating to technology, life sciences, or consumer-facing products or services, including practitioners in the area of regulatory compliance and intellectual property.

Program Level: Intermediate.

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Paul D. Rubin, Ropes & Gray LLP; Megan R. Baca, Ropes & Gray LLP

Paul D. Rubin, Ropes & Gray LLP
Paul Rubin is a partner in Ropes & Gray’s Washington, D.C. office. He represents companies regulated by the Food and Drug Administration, Federal Trade Commission, Consumer Product Safety Commission, and other regulatory agencies. Mr. Rubin routinely performs risk assessments and regulatory due diligence in connection with life sciences and consumer product transactions. His practice includes representation of food, dietary supplement, drug, device, and cosmetic companies, in addition to other consumer product companies.

Mr. Rubin also dedicates a substantial portion of his practice to counseling clients on advertising and promotional-related issues and representing clients before the FTC’s Bureau of Consumer Protection and the National Advertising Division of the Better Business Bureau (NAD). He has also represented numerous clients involved in Lanham Act disputes and under state investigation for alleged false advertising or Unfair and Deceptive Acts and Practices (UDAP) violations.

Mr. Rubin earned a J.D., cum laude, from the University of Pennsylvania Law School and a B.S., magna cum laude, from Wharton School of Business, University of Pennsylvania. He is admitted the Bars of the District of Columbia and Pennsylvania.

Megan R. Baca, Ropes & Gray LLP
Megan Baca is based in Ropes & Gray’s Silicon Valley office. She represents technology, media, and life sciences companies in corporate and intellectual property transactions.

Ms. Baca advises a wide range of public and private companies, investors, and universities in a variety of transactions involving corporate and intellectual property matters, including technology licensing and transfer, product development collaborations, joint ventures, mergers and acquisitions, supply arrangements, distribution and co-promotion arrangements, outsourcing transactions, and other strategic commercial agreements. She also represents venture-backed companies in financings and ongoing matters.

Ms. Baca earned a J.D. from Harvard Law School and an M.A. in Sociology and a B.S. in Science, Technology & Society: Computer Science from Stanford University. She is admitted to the Bars of California and Massachusetts.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.