Overview

Anthony E. DiResta is a partner in Holland & Knight's Washington, D.C., office who is a nationally recognized leader with extensive experience in governmental consumer protection law enforcement investigations and litigation. A seasoned advocate, Mr. DiResta has assisted clients in bet-the-company governmental investigations and litigation pursued by federal agencies such as the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Justice (DOJ), as well as in state enforcement proceedings involving state attorneys general.

Specifically, Mr. DiResta has successfully defended companies and individuals in dozens of governmental investigations – with many of those investigations being closed. Mr. DiResta is a former Director of the FTC's Southeast Regional office, where he supervised many of the enforcement, investigative, litigation and outreach activities of the Competition and Consumer Protection Bureaus of the agency. Among his accomplishments is his initiation and coordination of a consumer protection law enforcement sweep – including the DOJ, the Securities and Exchange Commission (SEC), 15 state attorneys general and the FTC – that resulted in more than 25 lawsuits and proceedings throughout the country. Under his leadership, the Southeast Regional office received the John Marshall Award from the U.S. Attorney General for its enforcement achievements. Mr. DiResta also served as a former Assistant U.S. Attorney for the Northern District of Georgia, Atlanta Division.

In June 2015, Mr. DiResta was honored as one of the nation's top "Regulatory Trailblazers & Pioneers" by The National Law Journal. It is an exclusive award that honors a select and prominent group of lawyers in the country who are leaders in successfully navigating the ever-changing fields of regulatory and compliance law.

Mr. DiResta is the co-chair of the firm's Consumer Protection Defense and Compliance Team. Mr. DiResta serves as general counsel and director of regulatory affairs to the Word of Mouth Marketing Association (WOMMA), the advertising trade association that focuses on social media marketing.  He also holds leadership positions in several trade associations in the financial services industry.

Mr. DiResta is widely published in the areas of commercial litigation, FTC and CFPB matters, governmental investigations, consumer protection and antitrust law, with many articles cited by the courts and law review publications. In fact, one of his articles was cited with approval by the U.S. Supreme Court in Eastman Kodak Co. v. Image Technical Services, Inc., a leading antitrust decision.

Experience

Federal Trade Commission (FTC) Investigations That Are Public

  • Successful negotiation of a settlement in joint FTC and Department of Health and Human Services investigations concerning privacy and data security breach
  • Successful negotiation of a settlement involving the advertising and marketing of claims by a reading program
  • Successful termination of an FTC investigation with a closing letter involving a debt buyer and debt seller
  • Successful negotiation of an FTC investigation involving a debt buyer for violations of Section 5 of the FTC Act and the Fair Debt Collection Practices Act concerning the collection of a transactional or convenience fee
  • Successful negotiation of an FTC investigation involving a debt collection company for violations of Section 5 of the FTC Act and the Fair Debt Collections Practices Act
  • Successful negotiation of a settlement involving the advertising and marketing claims concerning an exercise equipment product
  • Successful negotiation of a settlement concerning advertising of entertainment events and disclosures concerning purchases in secondary markets
  • Successful negotiation of a settlement involving the marketing of dietary supplements in an FTC litigation
  • Successful negotiation of a settlement involving the principal of a dietary supplements company in an FTC litigation
  • Successful negotiation of a settlement involving lending discrimination
  • Successful negotiation for a debt collection company and its owner in an FTC investigation for violations of the Fair Debt Collections Practice Act
  • Successful negotiation for a debt collection company in an FTC investigation for violations of the Fair Debt Collection Practices Act
  • Successful negotiation of a settlement involving a marketer of magazines and periodicals in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Successful negotiation of a settlement involving the retailer of consumer products in a joint investigation by the FTC and the New York attorney general concerning rebates and other consumer protection matters
  • Successful negotiation for a debt settlement services company in an FTC litigation concerning allegations of deceptive/unfair advertising and marketing practices

State Attorney General Investigations That Are Public



  • Successful negotiation of a settlement in a consumer protection litigation by the Pennsylvania attorney general involving deceptive marketing practices; investigations by the attorneys general of New York, Missouri, Maryland, Connecticut and Florida were closed
  • Successful negotiation of a settlement in an investigation by the California attorney general concerning allegations of deceptive/unfair advertising and marketing practices
  • Successful negotiation of a settlement in an investigation by the Washington attorney general concerning allegations of deceptive/unfair advertising and marketing practices

Closed Nonpublic Investigations by the Consumer Financial Protection Bureau (CFPB)



  • Investigation closed. Defense of a major debt collection company that focuses on the collection of government and higher education debt in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of a major debt collection company in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of an accounts receivable business in a CFPB investigation involving allegations of deceptive, unfair and abusive business practices
  • Investigation closed. Defense of a bank in a CFPB investigation involving allegations of deceptive marketing practices
  • Investigation closed. Defense of a financial services industry company in a CFPB investigation involving allegations of deceptive, unfair and abusive practices
  • Investigation closed. Defense of a leading company in the hospitality industry that engaged in financial transactions for consumers in a CFPB investigation involving allegations of misleading and deceptive advertising as well as unfair and abusive business practices

Closed Nonpublic Investigations by the FTC, Department of Justice, and State Attorneys General



  • Investigation closed. Defense of an auto dealership in an FTC investigation for claims and posts made on social media
  • Investigation closed. Defense of a regional bank in a lending discrimination investigation before the U.S. Department of Justice (DOJ)
  • Investigation closed. Defense of an entertainment website in an FTC privacy and data breach matter
  • Investigation closed. Defense of a nutritional supplement manufacturer and marketer in an FTC investigation concerning substantiation of advertising claims and marketing practices involving social media
  • Investigation closed. Defense of a major retailer in a privacy investigation by the FTC concerning breach of a privacy policy
  • Investigation closed. Defense of a major hotel brand in an FTC investigation concerning allegations of deceptive pricing in online advertising
  • Investigation closed. Defense of an online travel agent in an FTC investigation concerning allegations of deceptive pricing practices
  • Investigation closed. Defense of three law firms in separate FTC investigations concerning allegations of deceptive and unfair business practices involving the debt negotiation and debt settlement industry
  • Investigation closed. Defense of a professional service provider concerning allegations of deceptive communications and unfair business practices in FTC investigations involving the debt negotiation and debt settlement industry
  • Investigation closed. Defense of a payment processor and debt collector in an investigation by the New York City Department of Consumer Affairs
  • Investigation closed. Defense of two separate investigations by the Massachusetts attorney general involving privacy breaches
  • Investigation closed. Defense of two separate investigations by the Indiana attorney general involving privacy breaches
  • Investigation closed. Halted an FTC investigation of an industry trade association after a major consumer group submitted a petition alleging deceptive and unfair advertising
  • Investigation closed. Defense of a trade association in an FTC investigation concerning allegations of false advertising that promoted health benefits from its members’ products
  • Investigation closed. Defense of a financial services business in an FTC investigation involving the Fair Credit Reporting Act
  • Investigation closed. Defense of a major pharmaceutical company in an investigation by the New York attorney general concerning rebates and other consumer protection matters
  • Investigation closed. Defense of an automobile dealership marketing company in a multistate investigation being led by the attorneys general of Georgia and Idaho concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a financial services business in an FTC investigation involving privacy and data security
  • Investigation closed. Defense of a financial services business in an FTC investigation involving payday loans
  • Investigation closed. Defense of two different mortgage lenders in separate FTC investigations relating to their submission of data pursuant to the Home Mortgage Disclosure Act (HMDA)
  • Investigation closed. Defense of a financial services company in an FTC investigation involving violations of the Fair Debt Collection Practices Act
  • Investigation closed. Defense of an Internet marketing company in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the New York attorney general
  • Investigation closed. Defense of a debt collection agency in an investigation concerning unfair and deceptive business practices by the Pennsylvania attorney general
  • Investigation closed. Defense of a smokeless tobacco company in an FTC investigation concerning marketing practices and regulatory compliance
  • Investigation closed. Defense of a marketing company targeting minority populations in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a debt buyer in an investigation concerning unfair and deceptive business practices by the West Virginia attorney general
  • Investigation closed. Defense of a service provider for domestic relations disputes in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of a 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
  • Investigation closed. Defense of a clothing retailer in an FTC investigation concerning product labeling and other regulatory consumer protection issues
  • Investigation closed. Defense of a telecommunications vendor in an investigation by the FTC and the New York attorney general concerning allegations of deceptive/unfair advertising and marketing practices
  • Investigation closed. Defense of an advertising agency in an FTC investigation concerning allegations of deceptive/unfair advertising and marketing practices

Advocacy Before the FTC



  • Representation of a trade association in an FTC 6(b) inquiry concerning consumer protection and competition issues
  • Representation of a fast food franchise in an FTC 6(b) inquiry concerning the role of advertising and marketing on childhood obesity
  • Representation of advertising and marketing companies in submitting comments to the Federal Trade Commission on a range of consumer protection issues
  • Investigation prevented. Proactively convinced the FTC not to commence an investigation after a petition by several U.S. senators requested that the FTC open an inquiry into a company's advertising and marketing practices

Advocacy Before the NAD (National Advertising Division)



  • Representation of a company involved in health and wellness before the NAD concerning allegations of false and deceptive advertising
  • Appeal of an NAD decision before the National Advertising Review Board (NARB)

Antitrust/Unfair Competition

  • Defense of a trade association in the healthcare industry concerning conspiracy and business defamation
  • Defense of an oil company in an antitrust action brought by the Hawaii attorney general
  • Representation of a test preparation company in an antitrust action alleging monopolization in the computer-based testing industry
  • Defense of a media company in an antitrust litigation and trial alleging predatory pricing
  • Representation of a durable medical equipment supplier in an Eleventh Circuit appeal involving a hospital joint venture
  • Defense of – and national counsel for – a commercial lending company in several federal antitrust actions
  • Representation of a minority cable franchisor in an antitrust action
  • Defense of a major airline in a class action for alleged conspiracy amongst airlines to fix prices
  • Representation of a ticket sales and distribution company in an antitrust action
  • Representation of amici curiae in an Eleventh Circuit en banc consideration of antitrust issues concerning vertical integration, monopolization and standing

Business Torts and Commercial Contracts



  • Representation of both plaintiffs and defendants in a Lanham Act litigation
  • Representation for litigation, trial and appeal defense of an entertainment company in an action brought by a former employee for invasion of privacy and alleged violations under the Federal Wiretap Act
  • Representation of a theme park and several retail businesses in Florida in litigation and administrative proceedings concerning a proposed “magnetically levitated” high-speed vehicle
  • Defense of financial institutions and agencies in a Fair Debt Collection Practices Act (FDCPA) dispute
  • Defense of a bank in several actions involving alleged improper lending practices
  • Representation of a mortgage company in expedited appeals to the Eleventh Circuit and the U.S. Supreme Court

Intellectual Property



  • Business counseling involving privacy issues facing consumers using computer technology, the Internet and social media platforms
  • Representation of major television network affiliates in copyright infringement actions

Securities



  • Defense of investment and professional services firms in class action securities litigation proceedings
  • Representation of a major bank in an Eleventh Circuit expedited appeal of a class action involving federal and state securities regulations

Lender Liability



  • Defense of banks in lender liability actions
  • Representation of a multinational banking and financial services corporation in an Eleventh Circuit appeal of a lender liability action concerning federal and state lending regulations

Products Liability/Toxic Tort



  • Defense of a multinational chemical and healthcare corporation as national counsel in pharmaceutical product liability cases involving the use of ingredient phenylpropanolamine (PPA) in cough/cold and weight loss medications
  • Defense of a pharmaceutical company as national counsel in pharmaceutical product liability cases involving the use of thimerosal in vaccines
  • Defense of a foreign weapons manufacturer in several product liability actions brought by local foreign governments in the United States
  • Representation of a foreign weapons manufacturer in a product recall program in the United States
  • Defense of a chlorine manufacturer in a toxic tort litigation involving DDT

First Amendment/Media/Communications



  • Defense of a journalist in a defamation action involving District of Columbia government hiring practices
  • Defense of a media conglomerate and its journalists in defamation lawsuits
  • Defense of a media conglomerate and its journalists in invasion of privacy actions
  • Representation of a media conglomerate and its journalists in proceedings involving reporters’ rights, such as subpoenas directed to journalists
  • Representation of two major magazines and their journalists in several proceedings involving reporters’ rights, such as subpoenas directed to journalists
  • Representation of a media conglomerate and its journalists in petitioning courts for access to civil and criminal proceedings and documents
  • Representation of a media conglomerate and its journalists in litigation and an Eleventh Circuit appeal of their efforts to gather and report news of public concern
  • Prepublication review for a media conglomerate
  • Representation of a newspaper before the Georgia Supreme Court in a case of first impression that was the subject of several articles in The Wall Street Journal, The New York Times and The Atlanta Journal-Constitution
  • Representation of a Georgia newspaper before the Georgia Supreme Court in an invasion of privacy action that included prior restraint issues

Credentials

Education
  • Florida State University College of Law, J.D.
  • Harvard University, Ed.M.
  • Rollins College, B.A.
Bar Admissions/Licenses
  • District of Columbia
  • Florida
  • Georgia
Memberships
  • American Law Institute, Elected Member, 1994 - present
    • Restatement of Torts, Advisor
    • Restatements of Privacy, Governmental Ethics, and Employment Law, Consultative Group Member

  • Association of Credit and Collection Professionals, Federal Affairs Committee, current; Regulatory Committee, 2010-2015
  • American Bar Association, Litigation Section, Member, 1984-2011
  • American Bar Association
    • Pro Bono and Public Interest Committee, Co-Chair, 2008-2009
    • Antitrust Litigation Committee, Co-Chair, 2000-2003
    • Host Committee Member, ABA Annual Meeting, 2002
    • Government Litigation Counsel Committee, Co-Chair, 1997-1999

  • Litigation News, Associate Editor, 1992-1994
Honors & Awards
  • Washington, D.C. Super Lawyers magazine, 2017-2019 
  • Regulatory & Compliance Trailblazer, The National Law Journal, June 2015
  • Sunshine Award, Society of Professional Journalists, 1993
  • Martindale-Hubbell AV Preeminent Peer Review Rated

Publications

Speaking Engagements

News