Davis Polk has unique regulatory and commercial experience with respect to consumer protection and offers innovative solutions to navigate complex consumer-facing issues. Our lawyers advise clients on a broad range of consumer protection and advertising law matters, including litigation, investigations and due diligence for mergers and private equity. We also offer multi-disciplinary teams across a broad range of consumer-related industries, including healthcare, multi-level marketing, lending institutions, for-profit education and data security technologies. We instill client confidence by combining heightened commercial awareness with key regulatory insight to propel our legal strategy, and routinely represent clients in enforcement proceedings before the FTC, the CFPB and state attorneys general—often without a case being brought.
Our notable experience includes:
- Obtaining settlements in connection with FTC allegations of unfair and deceptive practices across a variety of industries.
- Drafting state and federal privacy and data security legislation.
- Advising clients in connection with investigations into data breaches.
- Defending FTC investigations with respect to allegedly misleading advertising claims, including ones relating to products “Made in America.”
- Conducting due diligence and providing guidance with respect to consumer protection risks in mergers and acquisitions.
Consumer protection issues often extend beyond the initial investigation or diligence to business effects on internal controls, regulatory compliance and policy development—all areas in which our lawyers have significant experience.