December 9, 2018

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FTC & CPSC Comings and Goings

This week has seen several significant changes at the Commission level at both the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC).

CPSC

After several months of stasis, the Senate voted to confirm Peter Feldman as a Commissioner on the CPSC, with a term expiring October 26, 2019. Feldman takes the place of Joseph Mohorovic, who resigned in October 2017. The Senate is also expected to approve Feldman’s nomination for a second term of 7 years shortly, which would expire in 2026.

Feldman, a Republican, will fill out the slate of commissioners at CPSC, giving the Republicans a 3-2 majority at the Commission for the first time since 2006. Acting Chair Ann Marie Buerkle still awaits confirmation as permanent Chair and for another seven-year term since her renomination to both posts by President Trump in January. Buerkle’s term formally ends in October, although she can hold over for one year.

FTC

At the FTC, Christine Wilson was sworn in as commissioner on September 26, 2018, replacing former Acting Chair and Commissioner Maureen Ohlhausen, whose term ended September 25. Ohlhausen worked for the FTC for the better part of 20 years, first as a staffer from 1998-2008 and then as director of the Office of Policy Planning. She was nominated by President Obama in 2012 and confirmed as a commissioner. Ohlhausen became Acting Chair in January 2017 when Edith Ramirez resigned her Chairmanship following the 2016 presidential election. Under Ohlhausen’s leadership, the FTC brought 20 privacy-related actions, including its first case relating to smart toys. In addition, the agency brought or settled over 138 cases that resulted in $300 million in compensation paid to 3.7 million people and refunds to consumers amounting to $6 million.

Wilson, a Republican, previously served at the FTC as Chief of Staff to Chairman Tim Muris during the George W. Bush administration. Prior to her tenure at the FTC, Wilson practiced as an attorney specializing in consumer protection and competition at law firms Kirkland & Ellis LLP and O’Melveny & Myers LLP. Phillips’ term will run until September 2023.

© 2018 Keller and Heckman LLP

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Sheila Millar, Keller Heckman, advertising lawyer, privacy attorney
Partner

Sheila A. Millar counsels corporate and association clients on advertising, privacy, product safety, and other public policy and regulatory compliance issues.

Ms. Millar advises clients on an array of advertising and marketing issues.  She represents clients in legislative, rulemaking and self-regulatory actions, advises on claims, and assists in developing and evaluating substantiation for claims. She also has extensive experience in privacy, data security and cybersecurity matters.  She helps clients develop website and app privacy policies,...

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Tracy Marshall, Keller Heckman, regulatory attorney, for-profit company lawyer
Partner

Tracy Marshall joined Keller and Heckman in 2002. She assists clients with a range of business and regulatory matters.

In the business and transactional area, Ms. Marshall advises for-profit and non-profit clients on corporate organization, operations, and governance matters, and assists clients with structuring and negotiating a variety of transactions, including purchase and sale, marketing, outsourcing, and e-commerce agreements.

In the privacy, data security, and advertising areas, she helps clients comply with privacy, data security, and consumer protection laws, including laws governing telemarketing and commercial e-mail messages, contests and sweepstakes, endorsements and testimonials, marketing to children, and data breach notification. Ms. Marshall also helps clients establish best practices for collecting, storing, sharing, and disposing of data, and manage outsourcing arrangements and transborder data flows. In addition, she assists with drafting and implementing internal privacy, data security, and breach notification policies, as well as public privacy policies and website terms and conditions. 

202-434-4234
Attorney

Boaz Green practices in the areas of product safety and consumer protection, assisting on regulatory compliance, enforcement and policy questions. In his product safety practice, Mr. Green counsels clients on risk management and product safety strategies, responses to allegations of incidents or unsafe products, as well as on compliance with Consumer Product Safety Commission (CPSC) requirements, including those of the Consumer Product Safety Act, the Consumer Product Safety Improvement Act, the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, and CPSC regulations and...

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