The Art of Responding to an FTC Civil Investigative Demand (CID)

September 30, 2022/Richard Newman

Federal Trade Commision (FTC) investigation and litigation defense attorney Richard B. Newman has written an authoritative article on JD Supra for digital marketers and FTC practice counsel.  JD Supra is a need-to-know news, insights and intelligence source that publishes and distributes valuable content produced by thought leading experts on myriad topics across numerous industries and fields, including advertising legal regulatory matters.

The article examines, in depth, the purpose of FTC civil investigative demands (CIDs), considerations relating to the nature substance of the initial response and subsequent responses, defense strategies, how to evaluate whether the recipient is a “target,” the importance of the “meet and confer” process, liability exposure and business disruption minimization tactics, persuasive written advocacy submissions, lodging objections to a CID, petitions to limit or quash, enforcement action avoidance and monetary fine minimization, how to avoid negative publicity, investigation closure and how to achieve an optimal resolution.

The article covers numerous steps that CID recipients should consider prior to, during and after learning that they are the subject of an FTC investigation.

You can read the article titled The Art of Responding to an FTC CID by an FTC CID Lawyer on JD Supra, here.  An article authored by FTC lawyer Richard B. Newman titled Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel is also available on JD Supra, here.

Richard B. Newman is an FTC advertising compliance, CID investigation defense and regulatory enforcement action defense lawyer at Hinch Newman LLP. 

Informational purposes only. Not legal advice. May be considered attorney advertising.

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Richard Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations 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 advises 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,
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About This Blog and Hinch Newman’s Advertising + Marketing Practice

Hinch Newman LLP’s advertising and marketing practice includes successfully resolving some of the highest-profile Federal Trade Commission (FTC) and state attorneys general digital advertising and telemarketing investigations and enforcement actions. The firm possesses superior knowledge and deep legal experience in the areas of advertising, marketing, lead generation, promotions, e-commerce, privacy and intellectual property law. Through these advertising and marketing law updates, Hinch Newman provides commentary, news and analysis on issues and trends concerning developments of interest to digital marketers, including FTC and state attorneys general advertising compliance, civil investigative demands (CIDs), and administrative/judicial process. This blog is sponsored by Hinch Newman LLP.

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