Professional Experience
Mr. DiResta is a partner with the Advertising, Marketing & Media practice in the Washington, D.C., office. His practice focuses on governmental investigations, commercial litigation (trial and appellate), and business counseling that involves consumer protection issues (including privacy, allegations of deceptive or unfair advertising and marketing practices, and financial practices), trade regulations, and unfair competition. Mr. DiResta is a leading authority on social media issues and serves as General Counsel to the Word of Mouth Marketing Association. He also is frequently interviewed by major media, such as Business Week, MSNBC, the Wall Street Journal, the New York Times, National Public Radio, and Financial Times, on issues ranging from FTC investigations and consumer protection regulations to first amendment rights.
Mr. DiResta is a former Director of the FTC Southeast Regional Office, and has an AV rating by Martindale-Hubbell. A seasoned advocate with a track record of successful results, he has represented clients in governmental investigations and litigation pursued by federal agencies, such as the Federal Trade Commission and Department of Justice, as well as in state enforcement proceedings involving state attorneys general. The depth of his experience also includes trials and appeals before many federal and state courts, class actions, and multidistrict litigation, with many of his accomplishments being highlighted in reported decisions – several of which are cutting-edge precedents. This vast experience encompasses an array of industries and involves all substantive aspects of complex business disputes.
By his appointment as Director of the FTC's Southeast Regional Office, Mr. DiResta supervised many of the enforcement, investigative, litigation, and outreach activities of the Competition and Consumer Protection Bureaus of the agency in Georgia, Florida, North Carolina, South Carolina, Tennessee, Mississippi, and Alabama. Among his accomplishments was his initiation and coordination of a consumer protection law enforcement sweep – including the Department of Justice, the Securities and Exchange Commission, and 15 state attorneys general, as well as the FTC – that resulted in over 25 lawsuits and proceedings throughout the country. Under his leadership, the Office received the John Marshall Award from the Attorney General of the United States for its enforcement achievements. He was also appointed as a Special Assistant United States Attorney for the Northern District of Georgia to prosecute telemarketing fraud.
Mr. DiResta is widely published in the areas of commercial litigation, FTC practice, governmental investigations, consumer protection, and antitrust – with many of his articles being cited by the courts and Law Reviews. In fact, one of his articles was cited with approval by the United States Supreme Court in a leading antitrust decision. He was elected to the membership of the American Law Institute in 1994, has been involved in the leadership of the ABA since 1992, and frequently serves as an expert on professional panels.
Prior to joining Manatt, Mr. DiResta was a partner at an international law firm.
REPRESENTATIVE MATTERS
Governmental Investigations and Enforcement Actions: Federal Trade Commission, Department of Justice, Health and Human Services, and State Attorneys General
Defense of CVS Caremark Corporation in joint FTC and HHS investigations concerning privacy and data security breach
Defense of owner of L.A. Weight Loss in consumer protection litigation by the Pennsylvania Attorney General and investigations by the Attorneys General of New York, Missouri, Maryland, Connecticut, and Florida
Defense of marketer of dietary supplements in FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
Representation of principal of dietary supplements company in FTC negotiations
Defense of pharmaceutical company in investigation by New York Attorney General concerning rebates and other consumer protection matters
Defense of automobile dealership marketing company in multistate investigation being led by the Attorneys General of Georgia and Idaho concerning allegations of deceptive/unfair advertising and marketing practices
Defense of financial institutions – including lenders, banks, and vendors – in several FTC, state attorney general, and regulatory investigations concerning compliance with industry laws and regulations, privacy and data security issues, lending discrimination, and deceptive/unfair advertising and marketing practices
Defense of mortgage lenders in FTC investigations relating to their submission of data pursuant to the Home Mortgage Disclosure Act (HMDA)
Defense of debt collection companies in FTC investigations for violations of the Fair Debt Collection Practices Act
Defense of Internet marketing company in FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
Defense of debt collection agencies in investigations concerning unfair and deceptive business practices by the New York and Pennsylvania Attorneys General
Defense of smokeless tobacco company in FTC investigation concerning regulatory compliance
Representation of Burger King in FTC inquiry concerning the role of advertising and marketing in childhood obesity
Representation of food companies in FTC inquiry concerning the role of advertising and marketing in childhood obesity
Defense of CVS in investigation by California Attorney General concerning allegations of deceptive/unfair advertising and marketing practices
Defense of L.A. Weight Loss in investigation by Washington Attorney General concerning allegations of deceptive/unfair advertising and marketing practices
Defense of marketing company targeting minority populations in FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
Representation of pizza chain in inquiries by state and local governments concerning advertising of nutritional information
Defense of marketer of magazines and periodicals in FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
Defense of company involved in the creation and marketing of online games for children and adolescents in FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
Defense of debt buyer in investigation concerning unfair and deceptive business practices by West Virginia Attorney General
Defense of service provider for domestic relations disputes in FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
Defense of clothing retailer in separate investigations by Attorneys General in California, Illinois, Indiana, Hawaii, South Dakota, Vermont, and Missouri concerning alleged deceptive/unfair advertising and marketing practices in connection with an advertising promotion
Defense of clothing retailer in FTC investigation concerning product labeling and other regulatory consumer protection issues
Defense of cellular phone vendor in investigation by FTC and New York Attorney General concerning allegations of deceptive/unfair advertising and marketing practices
Defense of retailer of consumer products in joint investigation by FTC and New York Attorney General concerning rebates and other consumer protection matters
Defense of debt settlement services company in FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
Defense of clothing retailer in investigation by Wisconsin Attorney General concerning sweepstakes and rebate program
Defense of advertising agency in FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
Representation of Association of National Advertisers (ANA) and Word of Mouth Marketing Association (WOMMA) before the FTC
Representation of media company in investigation by Department of Justice concerning unfair competition
Representation of national construction firm in investigation by Department of Justice concerning unfair competition
Litigation: Antitrust/Unfair Competition
Defense of Tesoro Oil Company in antitrust action brought by Hawaii Attorney General
Representation of ACT, Inc., in antitrust action alleging monopolization in computer-based testing industry
Defense of Cox Enterprises in antitrust litigation and trial alleging predatory pricing
Representation of durable medical equipment supplier in Eleventh Circuit appeal involving hospital joint venture
Defense of – and national counsel for – Transamerica Commercial Financial Corporation in several federal antitrust actions
Representation of minority cable franchisor in antitrust action
Defense of Continental Airlines in action for alleged conspiracy among airlines to fix prices
Representation of Ticketmaster in antitrust action
Representation of amici curiae – including Consumer Federation of America and National Alliance for Fair Competition – in Eleventh Circuit en banc consideration of antitrust issues concerning vertical integration, monopolization, and standing
Defense of construction firm in antitrust action
Litigation: Business Torts and Commercial Contracts
Defense of Feld Entertainment in litigation, trial, and appeal in action brought by former employee for invasion of privacy and alleged violations under Federal Wiretap Act
Representation of Universal Studios and several retail businesses in Orlando, Florida, in litigation and administrative proceedings concerning a proposed “magnetically levitated” high-speed vehicle scheduled to operate between Orlando International Airport and Disney’s Epcot Center
Defense of financial institutions and agencies in FDCPA litigation
Defense of Wachovia Bank in several actions involving alleged improper lending practices
Representation of supplier of wireless data communication in action against one of its value-added resellers
Representation of both plaintiffs and defendants in breach-of-contract actions involving many different industries
Representation of both plaintiffs and defendants in litigation involving franchise, distributor, and supplier agreements
Representation of Commonwealth Mortgage Corporation of America in expedited appeals to Eleventh Circuit and the United States Supreme Court
Litigation and Counseling: Intellectual Property
Business counseling involving privacy issues facing consumers using computer technology, the Internet, and social media platforms
Representation of NBC Television affiliates in copyright infringement actions
Representation of executive recruiter in airline industry in litigation involving trademark and copyright matters
Litigation and Counseling: First Amendment / Media / Communications
Defense of journalist in defamation action involving District of Columbia government hiring practices
Defense of Cox Enterprises and their journalists in defamation lawsuits
Defense of Cox Enterprises and their journalists in invasion of privacy actions
Representation of Cox Enterprises and their journalists in proceedings involving reporter’s rights (such as subpoenas directed to journalists)
Representation of Time and Newsweek magazines and their journalists in several proceedings involving reporter’s rights (such as subpoenas directed to journalists)
Representation of Cox Enterprises and their journalists in petitioning courts for access to civil and criminal proceedings and documents
Representation of Cox Enterprises and their journalists in litigation and Eleventh Circuit appeal of their efforts to gather and report news of public concern
Prepublication review for Cox Enterprises (Atlanta Journal and Constitution; WSB-TV television station; Palm Beach Post)
Representation of Athens newspaper before Georgia Supreme Court in Red & Black Publishing Co. v. Board of Regents of the University System of Georgia (case of first impression that was subject of several articles in Wall Street Journal, New York Times, and Atlanta Journal & Constitution)
Representation of Georgia newspaper before Georgia Supreme Court in invasion of privacy action that included prior restraint issues
Publications
“Banning Kids’ Food Ads: An Unconstitutional and Unnecessary Anti-Obesity Policy Prescription,” Washington Legal Foundation, No. 159, December, 2008.
“Much Ado About ‘Naturals,” Food & Drug Law Institute, 2008.
“Interview with FTC Chairman Majoras,” ANA Advertiser, 2007.
“FTC to Revise Guides to Testimonials and Endorsement,” ANA Advertiser, 2007.
“Advertising to Kids and Obesity: The Next Tobacco Litigation?” ABA, Section of Litigation, Vol. 13, No. 1, Winter 2007.
“FTC Intends to Subpoena Industry Players Regarding Childhood Marketing of Food,” LexisNexis, January 2007.
“Companies Should Brace for a Storm of Activity on the Food Front,” Law.com, January 2006.
“Distinction Between “Creditor” and “Debt Collector” Under the Fair Debt Collection Practices Act,” MAP Bulletin, Vol. 8, No. 7, Association of Credit and Collection Professionals, 2003.
“Liability Under the Fair Debt Collection Practices Act,” ACA International Annual Convention: Developing a Compliance Program for Credit Grantors, 2003.
“FTC Enforcement Actions for Unfair or Deceptive Debt Collection Practices Under the Fair Debt Collection Practices Act and Section 5 of the Federal Trade Commission Act,” ACA International Annual Convention: Developing a Compliance Program for Credit Grantors, 2003.
“Effects of the Fair Credit Reporting Act on Debt Collectors and Credit Grantors,” ACA International Annual Convention: Developing a Compliance Program for Credit Grantors, 2003.
“Personal Liability of Corporate Officers and Directors of Debt Collection Companies and Credit Grantors,” ACA International Annual Convention: Developing a Compliance Program for Credit Grantors, 2003.
“Recent Developments in B2B and B2C: E-Commerce and the Law of E-Business,” CLE International, 2001.
“The Antitrust Implications of B2B Exchanges: A Primer,” American Bar Association, Section of Litigation, Committee on Antitrust Litigation, Newsletter, 2001.
Software Support and Hardware Maintenance Practices: Tying Considerations, Vol. VIII, No. 6, June 1991 Computer Lawyer, cited with approval by the United States Supreme Court in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451, 479 n.27 (1992); also cited in 2003 Duke L. & Tech. Rev. 28 n.63 (2003); 21 U. Dayton L. Rev. 63 n.6 (1995); 71 Denv. U.L. Rev. 607 n.10 (1994).
“Antitrust Injury”: The Substantive and Procedural Impact of Brunswick, ALI-ABA: Monopolization and Tying Cases in the `90s (1991), cited with approval in Valley Products Co. v. Landmark, 877 F. Supp. 1087, 1091 (W.D. Tenn. 1994); also cited in 75 Notre Dame L. Rev. 761 n.19 (1999).
Speaking Engagements
Privacy, Regulated Industries, and Marketing to Children, Better Business Bureau and the Word of Mouth Marketing Association, August 5, 2010.
Aligning Marketing and Legal Teams in Brands Around Word of Mouth and Social Media Marketing, Better Business Bureau and the Word of Mouth Marketing Association, August 3, 2010.
Overview of Legal and Ethical Compliance: Understanding and Capitalizing on the Changing Marketing Landscape, Webinar, Better Business Bureau and the Word of Mouth Marketing Association, July 29, 2010.
Social Media Policy Discussion with Lawyers and Marketers, Webinar, Word of Mouth Marketing Association, June 14, 2010.
Facing a Regulatory Revolution: Insight to Help You Prepare, Speaker, 14th Annual National Collections & Credit Risk Conference, March 23, 2010.
Communication in Cyberspace: Overview of the Legal Issues in Social Media and Marketing, Speaker, Hosted by 3M Company, St. Paul, Minnesota, March 4, 2010.
Social Media Disclosure: Best Practices in Protecting Consumers & Marketers, Webinar, Word of Mouth Marketing Association, March 1, 2010.
FDA Hearing Recap: What Does This Mean for Word of Mouth and Pharma, Webinar, Word of Mouth Marketing Association, January 14, 2010.
Social Media Summit, Emcee and Speaker, Coca-Cola Company, Atlanta, Georgia December 10, 2009.
The FTC’s New Endorsement and Testimonial Guides, Webinar, BNA (Bureau of National Affairs), December 8, 2009.
The FTC New Guidelines: Practical Answers to Critical Questions, Webinar, Word of Mouth Marketing Association, December 1, 2009.
Speaker, "Ethics and Endorsements -- What is Adequate Disclosure?" Word of Mouth Marketing Association Webinar, September 14, 2009.
Speaker, "The New FTC Guides on Testimonials and Endorsements: Disclosure and Liability," Word of Mouth Marketing Association Annual Summit, November 2009.
Speaker, “Privacy, A 30,000 Feet Perspective and the Role of Governmental Investigations in Light of CVS Caremark,” Food Marketing Institute (FMI) Legal Conference, 2009.
Speaker, “Advertising and Creativity in the Digital Age: Legal and Regulatory Risks,” American Advertising Federation (AAF) National Convention, 2009.
Speaker, “The FTC’s Revisions to Its Guides on Testimonials and Endorsements and the Implications for Advertising in New Media Platforms,” Word of Mouth Marketing Association (WOMMA) Conference, 2009.
Speaker, “The Obama Administration and Consumer Protection: What the Future Holds for the Regulation and Governmental Investigations of Advertising,” International Federation of Advertising Agencies (ICOM) North American Conference, 2009.
Speaker, “Advertising in the Financial Services Industry and the Role of the Federal Trade Commission,” American Bankers Association Annual Conference, 2009.
Speaker, “The Regulation of Advertising: What Will a New Administration Bring?” International Federation of Advertising Agencies North American Conference, 2008.
Speaker, “How to Deal with a Governmental Investigation Into Your Business Practices,” Association of Credit and Collection Professionals (ACA) Annual Convention, 2008.
Speaker, “Recent Developments in the Law of Advertising,” International Federation of Advertising Agencies North American Conference, 2007.
Speaker, “The Regulation of Word-of-Mouth, Viral, and Buzz Marketing,” Word of Mouth Marketing Association Annual Convention, 2007.
Speaker, “FTC Investigations and Effective Advocacy for the Financial Services Industry,” Association of Credit and Collection Professionals Annual Convention, 2007.
Speaker, “The Pharmaceutical and Health Care Industries Are Under the FTC Microscope,” Center for Business Intelligence, 2006.
Speaker, “The Role of the FTC in the Pharmaceutical and Health Care Industry,” GTC Bio Conference for the Biotech and Pharmaceutical Industries, 2006.
Speaker, “Antitrust Law Meets the Internet,” Practicing Law Institute: Institute on Computer Law, 2001.
Speaker, “Antitrust Considerations in E-Procurement and B2B E-Commerce,” Practicing Law Institute: Solving the Legal Issues Affecting B2B Transactions, 2001.
Speaker, “Recent Developments in B2B and B2C: E-Commerce and the Law of E-Business,” CLE International, 2001.
Speaker, “New Business Structures: B2B Electronic Commerce and the Antitrust Implications,” Law Seminars International, 2000.
Speaker, “The Federal Trade Commission and E-Commerce: Advertising, Marketing Practices, and Enforcement Actions,” American Law Institute – American Bar Association: E-Commerce Law Overview, 2000.
Speaker, “Enforcement by the Federal Trade Commission in the Bureau of Competition,” Practicing Law Institute: Antitrust Law, 1999.
Speaker, “FTC Enforcement in the Bureau of Competition,” Practicing Law Institute: Antitrust Law, 1998.
Speaker, “Recent Antitrust FTC Enforcement,” Practicing Law Institute: Antitrust Law, 1997.
Speaker, “Motion Practice in Georgia,” CLE Program, State Bar of Georgia, 1994.
Speaker, “Post-Trial Motion Practice in Georgia,” CLE Program, State Bar of Georgia, 1993.
Speaker, “‘Monopoly Leveraging’: A Section 2 Challenge for Integrated Firms.” American Law Institute – American Bar Association: New Directions in Antitrust Law After Kodak and Ticor: Market Definition, Summary Judgment, Economic Theory, and State Action, 1993.
Speaker, “‘Antitrust Injury’ in Light of Brunswick,” American Law Institute – American Bar Association: Monopolization and Tying Cases in the ‘90’s, 1991.