FacultyFaculty/Author Profile

Anthony E. DiResta

Winston & Strawn LLP

Washington, DC, USA


Anthony DiResta is a partner in the firm’s Washington, D.C. office who focuses his practice on governmental consumer protection investigations involving allegations of deceptive, unfair, or abusive business practices, charges of false advertising, or privacy and data security matters. He is also engaged in complex commercial litigation at trial and appellate levels. He was appointed as a Director of the Federal Trade Commission’s Southeast Regional Office.

Mr. DiResta is a seasoned advocate, with a track record of successful results for clients, with many in crisis or “bet the company” situations. He has successfully represented companies and individuals in over 50 governmental investigations and litigation pursued by federal agencies, such as the FTC, CFPB, and the Department of Justice, as well as in state enforcement proceedings involving state attorneys general – with many investigations being closed. The depth of his experience also includes trials and appeals before many federal and state courts, class actions, and multi-district litigation, with many of his accomplishments being highlighted in reported decisions – several of which are cutting-edge precedents. For a listing of Mr. DiResta’s accomplishments involving governmental investigations and litigation, click here.

He is a prominent authority on social media and serves as General Counsel to the Word of Mouth Marketing Association, an advertising trade association that focuses on social media and digital marketing. He is frequently interviewed by major media – such as Business Week, MSNBC, the Wall Street Journal, the New York Times, National Public Radio, and the Financial Times – on issues ranging from FTC and CFPB investigations and consumer protection regulations to first amendment rights. He has an AV rating by Martindale-Hubbell.

By his appointment as an FTC Director, Mr. DiResta supervised many of the enforcement, investigation, litigation, and outreach activities of the agency’s Competition and Consumer Protection Bureaus in seven states. Among his accomplishments were his initiation and coordination of a consumer protection law enforcement sweep – including the DOJ, 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 received a B.A. in 1977 from Rollins College and an Ed.M. from Harvard University in 1979. He received a J.D. in 1982 from Florida State University College of Law, where he was articles and notes editor for the Law Review.

Honors & Awards

Mr. DiResta is a recipient of the Sunshine Award, which the Society of Professional Journalists gives annually to individuals and groups who make contributions in the area of open government.

Activities

Mr. DiResta was recently appointed to the Regulatory Committee of ACA International. He was elected to become a member of the American Law Institute, and currently serves as an Adviser to the Restatement of Torts and as a member of the Consultative Groups to the Restatements of Privacy, Governmental Ethics, and Employment Law. He is also a member of the American Bar Association, Litigation Section, and the following subsidiary groups: co-chair of the Pro Bono and Public Interest Committee (2008-2009); co-chair, Antitrust Litigation Committee (2000-2003); Host Committee member, ABA Annual Meeting (2002); co-chair, Government Litigation Counsel Committee (1997-1999); associate editor, Litigation News (1992-1994).

Publications

Mr. DiResta is widely published in the areas of commercial litigation, FTC and CFPB practice, governmental investigations, consumer protection, and antitrust, with many articles cited by the courts and law review publications. In fact, one of his articles - “Software Support and Hardware Maintenance Practices: Tying Considerations,” Computer Lawyer, 1991 -  was cited with approval by the U.S. Supreme Court in Eastman Kodak Co. v. Image Technical Services, Inc., a leading antitrust decision.

Mr. DiResta’s recent publications include the following:
  • “Compliance and Risk Management in 2011: Key Concerns for Business,” Corporate Compliance Insights, January 11, 2011.
  • “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.
Mr. DiResta’s recent speeches and presentations include the following:
  • “Where are the FTC and CFPB Heading? What You Need to Know About Enforcement Investigations and Supervisory Examinations,” ACA Fall Forum, November 7, 2013.
  • "Spotlight on CFPB: Your Compliance Management System and Response to Investigations and Enforcement," ACA Annual Conference, July 15, 2013.
  • "The CFPB: The Latest Developments and Investigation Readiness," ACA Annual Conference, July 14, 2013.
  • "The Impact of Recent FTC and CFPB Investigations and Enforcement," Webinar, ACA International, May 21, 2013.
  • “Essential Elements of a Successful Data Breach Response Plan,” Winston & Strawn eLunch, July 31, 2012.
  • “Strategies to Deal with Governmental Investigations Involving Your Business and Collection Practices,” American Credit Association (ACA) International's 73rd Annual Convention, July 19, 2012.
  • “Dot Com Disclosures,” FTC workshop, May 30, 2012.
  • “Legal Compliance for Social Media Platforms,” Word of Mouth Marketing Association, School of WOM 2012, May 8, 2012.
  • “Hot Legal Issues in Social Media Marketing: Best Practices, Regulatory Issues, and the Federal Trade Commission,” Webinar, ABA Section of Antitrust Law, February 29, 2012.
  • “Regulatory Update on Advertising and Marketing,” Webinar, Word of Mouth Marketing Association, January 25, 2012.
  • “Developing Effective Partnerships for Social Media Marketing,” Word of Mouth Marketing Association Summit, November 2011.
  • “FTC Dot Com Disclosures,” Webinar, Word of Mouth Marketing Association, September 21, 2011.
  • “Everything You Always Wanted to Know About the Legal Aspects of Advertising and Promotions but Were Afraid to Ask—Part III,” Winston & Strawn eLunch, July 28, 2011.
  • “Developing a Compliant Social Media Policy,” Word of Mouth Marketing Association (WOMMA) School of WOM 2011, May 10, 2011.
  • “Regulatory Update: Advertising and Privacy,” Convention, Society of Consumer Affairs Professionals, May 2, 2011.
  • “Social Media and Advertising in the Financial Services Industry,” Convention, Society of Consumer Affairs Professionals, May 1, 2011.
  • “Get Ready for the Year of Privacy,” Webinar, Word of Mouth Marketing Association, April 27, 2011.
  • “Governmental Investigations Into Deceptive and Unfair Trade Practices,” Winston & Strawn eLunch, April 26, 2011.
  • “WOMMA Ethics Workshop – WOMMA Online Certificate Program,” Webinar, Word of Mouth Marketing Association, February 22, 2011.
  • “Social Media Legal Risks and Strategy,” American Conference Institute Advance Forum on Advertising Law, January 24, 2011.
  • “The Ins and Outs of Proper Disclosure,” Webinar, Word of Mouth Marketing Association, December 8, 2010.
  • “FTC Regulations and Privacy,” Word of Mouth Marketing Association’s Summit 2010, November 17-19, 2010.
  • “FTC Developments,” Talkable Brand Exchange, Word of Mouth Marketing Association, October 7, 2010.
  • “The FTC’s Efforts to Regulate Social Media Marketing: The Impact on Public Relations Professionals,” Regional Meeting of the Public Relations Society of America, September 15, 2010.
  • “Exploring Privacy: Recent Developments at the FTC,” Webinar, Word of Mouth Marketing Association, October 15, 2010.
  • “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.
  • Speaker, “Facing a Regulatory Revolution: Insight to Help You Prepare,” 14th Annual National Collections & Credit Risk Conference, March 23, 2010.
  • Speaker, “Communication in Cyberspace: Overview of the Legal Issues in Social Media and Marketing,” 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.
  • Emcee and Speaker, Social Media Summit, Coca-Cola Company, Atlanta, 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, “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.
Services
  • Advertising, Consumer Protection and Entertainment Disputes
  • Advertising, Promotions & New Media Counseling and Transactions
  • Antitrust / Competition
  • Antitrust Litigation
  • Complex Commercial Litigation
  • Intellectual Property
  • Litigation
  • Privacy & Data Security
Sectors

Retail & Consumer Products

Admissions

Georgia
District of Columbia

Clerkships

Northern District of Georgia for Hon. J. Owen Forrester

Education

Florida State University, JD, 1982
Rollins College, BA, 1977
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