Richard B. Newman is a nationally recognized FTC defense lawyer and advertising compliance attorney. He regularly provides advertising counsel and represents clients in high-profile investigations (CIDs) 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’s practice also concentrates upon 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’s comprehensive understanding of the unique business operations of Internet marketers and related regulatory risks provide a solid foundation for his ability to ensure that marketing practices satisfy regulatory expectations and to secure optimal results for clients in high-stakes litigation matters involving cutting-edge issues of law. He represents marketers, advertisers, media and Internet companies, many of which have been ranked on Inc. Magazine’s Annual 500/5000 List.
As a result of his extensive experience effectively resolving aggressive regulatory investigations and enforcement actions, and breadth of knowledge advising clients on how to minimize the legal risks associated with affiliate marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising, Richard is regularly called upon by national and international media outlets to share his knowledge of the advertising and marketing industry. He is a member of the Performance Marketing Association and the International Association of Privacy Professionals, and is regularly asked to present legal education courses on advertising, marketing and tech-related issues.
Richard possesses an unparalleled grasp of the digital marketing regulatory landscape that enables him to anticipate legal developments, policy shifts and industry challenges before they impact his clients. He is a formidable advocate in litigation and an effective consensus builder when swift action or settlement is the preferred course of action.
When representing clients, Richard’s goals are zealous advocacy and results.
Bar Admissions
California
District of Columbia
Nevada
New York
Court Admissions
Northern District of California
Southern District of California
Central District of California
District of Nevada
Southern District of New York
United States Court of Appeals for the Federal Circuit
More Legal and Business Bylines From Richard B. Newman
- Is That Non-Circumvent Provision in Your Marketing Agreement Really Enforceable? - (Posted On Thursday, November 19, 2020)
- FTC Settlement with Sunday Riley Over Bogus Reviews Illustrates Agency Recognition of Litigation Risk Under FTC Act - (Posted On Saturday, November 07, 2020)
- FTC Commissioners Urge Congress to Pass Legislation to Restore Section 13(b) of the FTC Act - (Posted On Tuesday, November 03, 2020)
- New York Supreme Court Dismisses NYAG Price Gouging Lawsuit - (Posted On Monday, October 12, 2020)
- Third Circuit Deals Blow to FTC Disgorgement Authority - (Posted On Friday, October 02, 2020)
- Update on the Assault Upon FTC Enforcement Authority: Monetary Disgorgement Challenges and Executive Direction to Reform Agency Operations - (Posted On Friday, September 25, 2020)
- Advertiser and Network Responsibilities for What Others Say in Social Media - (Posted On Sunday, August 23, 2020)
- FTC Reports to Congress on Social Media Bots and Deceptive Advertising - (Posted On Friday, July 17, 2020)
- Supreme Court Decides to Rule on FTC’s Disgorgement Authority - (Posted On Saturday, July 11, 2020)
- Ten Compliance Mistakes Made by Online Training and Business Coaching Program Providers - (Posted On Sunday, June 28, 2020)
The National Law Review selected Richard Newman of Hinch Newman LLP as a Go-To Thought Leader for 2021 for his coverage of the AMG Capital Management Supreme Court case. Mr. Newman’s comprehensive breakdown of the case included statements from Senate Commerce Committee members, and provided much needed insight into an important case where the U.S. Supreme Court ruled that the Federal Trade Commission does not have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act. NLR readers appreciate Mr. Newman’s experienced analysis of the future of FTC enforcement authority and approach to FTC regulation reporting, making him a go-to source on the topic.
Richard B. Newman of Hinch Newman was recognized by the National Law Review as a Go-To Thought Leader for his regular contributions and practical analysis of FTC Enforcement actions and Regulation; specifically as it relates to social media influencers and the FTC’s role in regulating social media advertising. Of particular note is his coverage of the U.S. Supreme Court decision in Liu v. Securities and Exchange on the SEC’s use of disgorgement in enforcement.
Richard Newman focuses his practice on Federal Trade Commission (FTC) compliance and Internet marketing law. He was named a 2019 NLR Go-To Thought Leader for his coverage of the FTC, including enforcement letters, and warnings -including Made in the USA requirements, products containing cannabidiol (CBD) advertising, and various false claims. His writing demonstrates his expertise in breaking down newsworthy legal issues including the Restore Online Shoppers’ Confidence Act (ROSCA), Children's Online Protection Act (COPPA), Telephone Consumer Protection Act (TCPA) and various state cybersecuirty laws.